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Car Share Program Agreement 02l £ CAR SHARE PROGRAM AGREEMENT This Car Share Program Agreement ("Agreement') is made and entered into on this day S of PTErt BEiR , 2015 ("Effective Date"), by and between car2go N.A., LL ("C2G"), a Delaware limited liability company authorized to do business in Florida, and the City of Miami Beach ("City"), a Florida municipal corporation. RECITALS WHEREAS, car sharing provides individuals With access to a fleet of vehicles that can be used on-demand or through a reservation-based system;.and WHEREAS, in addition to providing a convenient service for residents and visitors without a personal vehicle, or with limited access to one, car sharing can help mitigate transportation issues commonly affecting urban communities, including increased traffic congestion and limited public transit networks;.and WHEREAS, C2G specifically provides its members with access to several hundred car sharing vehicles that can be rented by the minute or by the hour for one-way trips; and WHEREAS, C2G has operated in the City of Miami since June 2012 and seeks to include Miami Beach as part of its Home Area (as designed herein); and WHEREAS, the City seeks to encourage car sharing programs in its jurisdiction, and in furtherance of said objective, on July 24, 2014, the City issued Invitation to Negotiate No 2014- 277-SW.for car sharing Services (the "ITN"); and WHEREAS, pursuant to said ITN; on November 19, 2014, the Mayor and City Commission adopted Resolution No 2014-28828, authorizing the Administration to enter into negotiations with C2G; and WHEREAS, the City and C2G (the "Parties') desire to enter into this Agreement for the purpose of creating a free-floating, point-to-point car sharing program in the City of Miami Beach, which contemplates that C2G members will be commuting within an established network of-C2G Vehicles in the Home Area ('`Car Sharing Program" or"Program"); and WHEREAS, this Agreement does not convey or transfer any interest in real property; and WHEREAS, this Agreement does not grant C2G an exclusive right to operate a car sharing program in the City of Miami Beach; therefore, the City reserves the right to contract with other vendors for similar car sharing services; and WHEREAS, this Agreement permits only certain, enumerated, specific and listed permitted uses, and does not permit or contemplate any further action or right. NOW, THEREFORE, for and in consideration of the following terms and conditions, the City and C2G do hereby mutually agree as follows: Page 1 of'22 1 1. Recitals/Definitions. a. The above recitals are incorporated herein and made a material part of this Agreement. b. C2G Vehicle. A conventional smart fortwo vehicle, which averages 34/38 miles to the gallon (city/highway), in accordance with the United States Department of Energy; registered in the State of Florida to C2G; which has been issued a virtual annual parking permit by the City; and is participating in the Car Share Program within the Home Area. c. City Manager: The chief administrative officer of the City or his authorized designee. For purposes of this Agreement, the City Manager's authorized designee shall be the City's Parking Director. d. Home Area. C2G's Home Area, which incorporates the network of C2G Vehicles in both the City of Miami ("Miami Service Area") and the City ("City Service Area"), as more specifically depicted in Exhibit "1", attached hereto and incorporated into this Agreement. e. Launch Date. The Launch Date shall be October 1, 2015. Commencing on October 1, 2015, C2G shall place in operation all in-fleet City Service Area Permitted C2G Vehicles, as defined herein in Section 1(i). f. Non-public Parking Spaces. Public parking spaces located within the City of Miami Beach which are not owned, leased, or operated by the City. g. Off-Street C2G Parking Spaces. Public parking spaces located in City-owned public surface lots; which are not located in a metered parking zone or RPP zone; and which have been clearly marked by the City as restricted for use by City Service Area Permitted C2G Vehicles (as defined in Section 1(i) herein). Initially, under the Program, C2G will be able to occupy 26 dedicated Off-Street C2G Parking Spaces, which initial number of Off-Street C2G Parking Spaces may increase if the in-fleet level of the City Service Area Permitted C2G Vehicles is increased pursuant to Section 3. h. On-Street C2G Parking Spaces. Metered parking zones, RPP zones or other permitted public parking spaces in the City Service Area, but excluding non-public parking spaces and Off-Street C2G Parking Spaces. i. Permitted Vehicles. Up to 400 C2G Vehicles, which will be assigned by C2G for the Program, in accordance with the terms and conditions of this Agreement; however, only 100 of said C2G Vehicles (unless the fleet level is otherwise increased by the parties pursuant to Section 3) shall be authorized to operate under this Agreement or the Program within the City Service Area at the same time ("City Service Area Permitted C2G Vehicles"). j. Proposal Documents. Proposal Documents shall mean the ITN, together with all amendments thereto and C2G's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event Page 2 of 22 of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the ITN; and the Proposal. k. Public Parking Spaces. Public parking spaces located within the City of Miami Beach which are owned, leased or operated by the City. I. Public Space. Public rights-of-way, and properties owned, leased or operated by a governmental entity, including the City, County, State or U.S. Government, all located within the City of Miami Beach. m. RPP. Shall mean a residential permit parking zone located within the City of Miami Beach. 2. Term and Termination. a. This Agreement will have an initial term commencing on October 1, 2015 and terminating on September 30, 2016 ("Initial Term"). Upon the expiration of the Initial Term, this Agreement may be extended for three (3) additional one-year renewal terms ("Yearly Renewal Term(s)"), which Yearly Renewal Terms may be exercised, if at all, at the City Manager's option and discretion, by providing C2G with a written request of same, and receiving express written consent from C2G no less than thirty (30) days prior to the expiration of the Initial Term (or a Yearly Renewal Term, as the case may be). Each Yearly Renewal Term shall commence on October 1st and expire on September 30th of the following year. The Initial Term and any approved Yearly Renewal Term may also be referred to the Term under this Agreement. b. Termination for Cause. If C2G shall fail to fulfill in a timely manner, or otherwise violates, any of the terms, conditions, covenants, agreements, or stipulations of this Agreement, the City, through its City Manager, shall have the right to terminate the Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify C2G of its violation of the particular term(s) of this Agreement, and shall grant C2G ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to C2G. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, C2G shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by C2G. The City, at its sole option and discretion, shall 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 rights and remedies against C2G. c. Termination for Convenience for the City. The City may also, through its City Manager, for its convenience and without cause, terminate the Agreement at any time during the Term by giving written notice to C2G of such termination; which shall become effective within thirty (30) days following receipt by C2G of such notice; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. If the Agreement is terminated for convenience by the City, C2G shall be refunded the portion of the prepaid Program Cost, as defined in Section 6(b) hereof, determined by dividing the total amount of the Program Cost by 365 (Per Diem Page 3 of 22 Sum), and multiplying the Per Diem Sum by the remaining number of days under said Term. d. Termination for Convenience for C2G. C2G may also, for its convenience and without cause, terminate the Agreement at any time during the Term by giving written notice to the City of such termination; which shall become effective within thirty (30) days following receipt by the City of such notice; following which C2G shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. If the Agreement is terminated for convenience by C2G, C2G waives any claim to any portion of the total prepaid Program Cost paid to the City, as defined in Section 6(b) hereof. e. Surrender of Parking Spaces. At the expiration of this Agreement, or in the event of a termination of the Agreement, C2G shall cease operations under this Agreement; shall immediately relinquish and surrender any and all On-Street C2G Parking Spaces, Off- Street C2G Parking Spaces and other public spaces being utilized by C2G, free from any hazardous substances. C2G shall remove all of its vehicles (and any and all other equipment, fixtures, personal property, etc.) no later than ten (10) days from the expiration or other termination date of the Agreement. Thereafter, any C2G Vehicles which remain in the jurisdiction of the City of Miami Beach, Florida shall be subject to enforcement action, pursuant to the provisions of any applicable laws, including, without limitation, all Federal, State, County, and/or City parking regulations. 3. Scope of Services. C2G shall operate a free-floating, point-to-point car sharing program within the Home Area, encompassing the Miami Service Area in the City of Miami and the City Service Area in the City. Currently, C2G has 300 C2G Vehicles which operate in the Miami Service Area. In order to accommodate the Program in the City Service Area, C2G agrees to add another 100 C2G Vehicles to its fleet. Due to the nature of the free- floating service, up to 400 C2G Vehicles will be granted virtual permits and have access to the rights set forth in this Agreement. C2G may also, subject to obtaining the City Manager's prior written approval (which approval, if given at all, shall be at the Manager's sole discretion), add additional vehicles to its fleet, appropriated for the City or the City of Miami, based on member demand. C2G shall use best efforts to maintain and not exceed the authorized fleet level of the City Service Area Permitted C2G Vehicles. 4. Obligations of the City. a. The City shall provide a virtual annual parking permit for up to 400 C2G Vehicles in the Program, (hereinafter, up to 400 C2G Vehicles operated by C2G for the Program should be referred to as the "Permitted Vehicles"). b. The City shall permit the Permitted Vehicles to utilize 74 On-Street C2GParking Spaces ("On-Street Permitted Vehicles") in a metered parking zone without payment at the time of parking; shall permit said On-Street Permitted Vehicles to park for a greater than the maximum amount of time for that metered zone; and shall permit said On-Street Permitted Vehicles to park in any RPP zone. Page 4 of 22 c. The City, through its City Manager, and at his sole discretion, may provide written notice to C2G at any time during the Term of this Agreement, temporarily or permanently restricting or modifying any part of the City Service Area at any time. A restriction or modification of the City Service Area may include limitation or removal of RPP spaces. Prior to enforcement of a restriction or modification of the City Service Area, the City and C2G will work together for a period of sixty (60) days to reach an agreement; however, if an agreement cannot be reached, the City Manager's decision shall be final. d. The City shall provide 26 dedicated Off-Street Parking Spaces in the City Service Area that are clearly marked as restricted for use by Permitted Vehicles solely. These parking locations will be located in the following: 1. P2, Nikki Beach (2 spaces) 2. P5, 4th and Alton (2 spaces) 3. P10, 15th Street & Michigan (3 spaces) 4. P12, 9th Washington (2 spaces) 5. P13, 10th and Washington (2 spaces) 6. P16, 13th and Collins (2 spaces) 7. P20, Lincoln Lane S. & Jefferson (2 spaces) 8. P23, 16th and West Avenue (2 spaces) 9. P49, 21st and Collins (4 spaces) 10. P72, 53rd and Collins (2 spaces) 11. P92, 72nd and Collins (3 spaces) Any change in the locations of said Off-Street Parking Spaces shall be subject to the City Manager's written consent, which consent shall not be unreasonably withheld. Permitted Vehicles shall not be authorized in any other Off-Street Parking Spaces, and said unauthorized use shall be subject to enforcement as permitted pursuant to the applicable provisions of the Code of the City of Miami Beach, Florida, Code of Miami- Dade County, Florida, and Florida Statutes. 5. Obligations of C2G. 5.1 General. a. C2G agrees to use best efforts to operate the City Service Area Permitted C2G Vehicles during the Term of this Agreement. b. C2G will provide the car sharing services contemplated under the Program in accordance with the C2G's trip process, terms, conditions, and privacy policy (subject to applicable public record's requests), made available to its members and the public at www.car2go.com/en/miami. c. C2G shall ensure that all its vehicles operating within the City including, without limitation, the Permitted Vehicles, are registered in the State of Florida and under the name of C2G at all times. d. C2G shall provide automobile insurance coverage for all C2G's members while they are using a C2G Vehicle including, without limitation, the Permitted Vehicles. Page 5 of 22 e. C2G Vehicles shall comply with all State, County, and City, parking regulations (including, but not limited to, commercial loading zones, no parking zones, hooded parking meters, temporary no parking signs, and disabled parking zones). f. C2G shall, at its own expense, obtain any necessary licenses, including any City business tax receipts, permits, certifications, accreditations, and approvals for complying with any Federal, State, County, City, and/or other laws, codes, and regulations applicable to the performance of the services to be provided under this Agreement. g. C2G shall properly maintain and repair all C2G Vehicles (including, without limitation, all preventive maintenance, as well as emergency maintenance such as dead batteries, flat tires, etc.); keep such Vehicles in a neat and clean condition; and comply with all Federal, State, County, and City laws regarding Vehicle safety and maintenance. h. All C2G Vehicles, including, without limitation, the Permitted Vehicles shall be clearly marked with the C2G logo and branding, on both sides and front of the Vehicle. All C2G Vehicles shall have State of Florida license plates. i. At the sole discretion of the City Manager, C2G may be required to relocate Vehicles from areas, within the City Service Areas, deemed oversaturated to areas deemed underserved (which could involve relocating vehicles from On- Street C2G Parking Spaces to Off-Street C2G Parking Spaces or vice versa); or remove C2G Vehicles which exceed the authorized number of City Service Area Permitted C2G Vehicles, C2G will fulfill these requests within three (3) hours. j. C2G shall be financially responsible for all penalties and fines as a result of penalties due under this Agreement, including, without limitation, Parking Penalties, City Expenses, parking tickets, towing charges and/or other enforcement actions. k. C2G must establish and maintain a local office within the City of Miami with the primary contact to be a manager, available during business hours. I. C2G shall provide emergency contact information for the manager during non-business hours. m. C2G shall provide a customer service telephone accessible service, available twenty-four (24) hours per day, seven (7) days per week and three hundred sixty-five (365) days per year, at no cost to the City. n. C2G shall meet with the City Manager's designee, in-person, once per quarter, or at an earlier time, upon the City's request, to discuss pending issues and concerns. Page 6 of 22 5.2 Reporting Requirements. a. C2G shall provide the City Manager with a monthly report ("Monthly Detail Report") containing the following data as described below, to evaluate the Program: 1. Results of a membership surveys, pursuant to Section 5.2(b), drafted by the City or C2G, and sent to members by C2G; 2. Membership data and rate of growth; 3. Information detailing member break down by zip code; 4. Information detailing trip break down (ending and beginning trips) by zip code; 5. Total miles driven by members from certain neighborhoods and/or zip codes as requested by the City; 6. Geographical distribution of membership; 7. Utilization per month of all Permitted Vehicles; 8. Information detailing availability of C2G vehicles vs. demand for C2G vehicles per zone: South, Middle and North Beach; 9. The license plate, make, model, year, and EPA emission rating of the Permitted Vehicles; 10. The start address and GPS position, end address and GPS position, minutes rented, distance driven, and end rental time for each Permitted C2G Vehicle; and 11. Locations and durations of stationary Permitted C2G Vehicle, by providing the minutes each Permitted C2G Vehicle was stationary. The categories of available information which may be displayed in the Monthly Detail Report may be modified at the City Manager's request. Additionally, if the City Manager were to request a detail report, for any date range, at a later date ("Custom Report"), C2G will send the Custom Report within 15 days of the request. b. C2G shall be responsible for having an independent entity with experience in conducting similar types of surveys conduct a membership survey commencing upon the Launch Date, covering the first six (6) months of operation, due within sixty days from the end of the first six month period, and thereafter will be submitted annually, within two months from the end of each Term under this Agreement. The results of the survey shall be analyzed and prepared in a format agreed to by the City. The membership survey shall ask (at a minimum): 1. The number of cars owned prior to membership; 2. The number of cars owned at the time of the survey; 3. If the purchase of a vehicle planned prior to membership was subsequently abandoned due to membership; 4. If miles regularly traveled by the member increased, declined or remaine the same after membership; 5. Whether walking, biking and transit trips by the member increased, declined or remained the same after membership; and 6. Other questions submitted by the City or by C2G. Page 7 of 22 c. Educational Materials. As part of its documentation for new members in the Car Sharing Program, C2G shall provide educational materials including the following information: 1. specifying how C2G vehicles may be parked; 2. the City's parking regulations, and associated parking policies; 3. the limitations and boundaries of the Program and the penalties or fines associated with parking outside of the City Service Area; and 4. other materials as may be requested by the City or by C2G. d. Technology. C2G shall provide an automated online reservation and membership account system, at no cost to the City, consistent with the following: 1. Real-time information shall be presented for users on a registered C2G Web site identifying available vehicles; 2. A mobile application shall be available for download that allows members to locate and reserve vehicles. car2go will put a link on its website that references Park Me of Miami Beach; 3. C2G shall provide the City Manager with a monthly summary containing Vehicle minutes within the Home Area; and 4. The City shall have access to a vehicle location map to conduct its own independent monitoring of the Program. e. Performance Monitoring/Additional Program Cost. The City will monitor the performance of the C2G against goals and performance standards required herein in accordance with section 5.1 above. Substandard performance as determined by the City, through its City Manager, will constitute a material default under this Agreement. Additionally, the City will monitor the Program through its Parking Enforcement, by scanning the tags for C2G Vehicles which have parked in the City Service Area during a particular date range ("Audited C2G Vehicles"). If any of the Audited C2G Vehicles does not appear in the applicable Monthly Detail Report or Custom Report for the applicable audited period, except in any case in which a reasonable explanation is provided and approved by the City, C2G shall pay an additional Program Cost of $500.00 for the first Audited C2G Vehicle which was not disclosed in said reports, $2,000 for the second Audited C2G Vehicle which was not disclosed in said reports, and $3,500 each for the third and any subsequent Audited C2G Vehicles which were not disclosed in said reports. Costs would apply to any consecutive one-year period. 6. Program Costs. a. C2G shall receive no compensation from the City under this Agreement. It is the intent of the City to incur no expenses in connection with the Program (or otherwise under this Agreement). Page8of22 b. C2G shall pay City $219,542.40 during the Initial Term ("Program Cost"), in connection with this Agreement, for 26 Off-Street C2G Parking Spaces and for 74 additional On-Street C2G Parking Spaces. This Program Cost may be prorated to reflect actual in-fleeted vehicles as agreed upon by C2G and the City, pursuant to Section 3. The cost breakdown is as follows: • 26 Dedicated Off-Street C2G Parking Spaces: $78,842.40; $ 3,032.40 per space per year ® 74 Estimated On-Street C2G Parking Spaces: $133,200.00; $ 1,800 per car per year ® Administration Fee: $7,500 per year c. C2G shall make the Program Cost payment to City for the first year of operations, in advance, upon the Effective Date. d. Program Cost Adjustments. Within six (6) months from the Launch Date, the City Manager will review the Program data collected and evaluate the overall success of the Program, as well as any potential negative impact thereon ("Initial Six Month Review"). Subsequent to the Initial Six Month Review, the City Manager, in his sole discretion, may keep the City Service Area Permitted C2G Vehicles in- fleet level at 100, or may increase said in fleet level by up to fifty (50) additional C2G Vehicles with C2G approval; in which case the Program Cost will be modified accordingly, based upon the Program Cost established for the Initial Term. C2G shall use best efforts to ensure that the total number of minutes parked at On-Street C2G Parking Spaces per day shall not exceed 79,920 minutes (1,080 minutes per day x 74 On-Street Parking Spaces), during the City of Miami Beach's meter enforcement hours ("City Meter Enforcement Hours"), as said City Meter Enforcement Hours may be amended from time to time. 79,920 multiplied by the number of days in the month at issue will total the allowable total minutes for that particular month ("Monthly On-Street Parking Minutes"). If C2G exceeds the total Monthly On-Street Parking Minutes for a given 3-month period ("Excess 3-Month On-Street Parking Minutes"), calculated at a rate of 79,920 minutes per day times number of days in that 3-month period following implementation of the Program, C2G shall pay the City an additional Program Cost for said Excess 3-Month On-Street Parking Minutes, at the City's hourly meter rate at the time, based upon minimum increments of an hour, including any portion thereof. e. Yearly Renewal Terms. The Program Cost shall be subject to adjustment by the parties in connection with the approval of any Yearly Renewal Term; however the price per Dedicated Off-Street C2G Parking Space or On-Street C2G Parking Space shall not be less than the Program Cost established for the Initial Term, unless otherwise approved by the Mayor and City Commission. 7. Requirements to be Maintained at all Times. a. C2G shall obtain and maintain Workers' Compensation insurance, as may be required by Chapter 440, Florida Statutes, with employers' liability, with a limit of not less than $1,000,000 per accident or bodily injury or disease. Page 9 of 22 b. C2G shall obtain and maintain Comprehensive General Liability insurance, on an occurrence basis, in the minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate, for products and completed operations, contractual liability, bodily injury (including death), property damage, and personal and advertising injury. c. C2G shall obtain and maintain Automobile Liability insurance covering all owned, non- owned and hired C2G Vehicles used in connection with this Agreement or the Program in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. d. C2G shall obtain and maintain Umbrella Insurance Coverage in the amount of $5,000,000. The Umbrella Insurance Coverage must be as broad as the primary General and Auto Liability coverage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to all liability arising out of or in connection with this Agreement and the. Program under the preceding Sections 7(b-d). Waiver of Subrogation C2G hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of C2G may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. C2G agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage C2G shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any performance under this Agreement commencing. However, failure to obtain the required coverage prior to the performance beginning shall not waive C2G's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances which will be agreed upon by C2G. Certificate Hold er CITY OF MIAMI BEACH C/O PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Page 10 of 22 • Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Failure to procure or maintain the required insurance coverage(s) shall, at the City Manager's discretion, shall constitute an automatic default of the Agreement under which the City may, upon written notice to C2G, immediately terminate the Agreement for cause. 8. Indemnification and Hold Harmless Agreement. C2G shall defend, indemnify and hold harmless the City, its elected and appointed officers, directors, agents and employees, servants, successors, assigns and subsidiaries (collectively "the Indemnified Parties"), from and against any and all claims, demands, penalties, fines, forfeitures, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of C2G, its officials, officers, employees, agents, users, members, and contractors, (collectively the "Indemnifying Parties") which any of the Indemnified Parties or Indemnifying Parties may hereafter incur, be responsible for, or pay as a result of any and all legal liabilities associated with (i) the operation by the C2G Indemnifying Parties of the C2G Vehicles, used for or in association with the C2G operations under the Program and/or this Agreement; (ii) the use of Public Space or the discontinuance of use of Public Space by C2G Indemnifying Parties, (iii) the use or discontinuance of use of the Off-Street C2G Parking Spaces or On-Street C2G Parking Spaces by C2G Indemnifying Parties; (iv) the performance or non-performance of any or all work, services, and/or obligations performed under the Program or this Agreement or (V) the failure of C2G Indemnifying Parties to comply with any of the provisions contained herein, or to conform to statutes, ordinances, or other regulations or requirements or any governmental authority, federal or state, arising out of or in connection with the performance of this Agreement. C2G 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 fee which may be incurred thereon. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorney's fees) arising from the sole negligence or willful misconduct of the Indemnified Parties. C2G expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by C2G shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Indemnified Parties as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. C2G agrees to pay all reasonable costs, including attorney's fees, the City incurs in enforcing the indemnity and defense provisions set forth in this paragraph. 9. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. C2G shall at all times remain an independent contractor with respect to the work and/or services to be performed under this Agreement. Any and all employees of C2G or other persons engaged in the performance of any work or service required by C2G under this Agreement shall be considered employees or sub-contractors of C2G only and not of the Page 11 of 22 r City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Florida or any other state, on behalf of said employees or other persons while so engaged in any of the work or services to be rendered or provided herein, shall be the sole obligation and responsibility of C2G. 10. Trademark/Advertisinq. a. The City acknowledges and agrees that "Mercedes-Benz," "Mercedes," "Maybach", and "Smart", the Three-Pointed Star Within a Circle, "car2go", the Maybach logo, the Smart logo and the C2G logo are the solely owned and validly registered trademarks and trade names of Daimler AG, the indirect parent company of car2go N.A., LLC. Neither City nor C2G may use the other's name, trademark(s), logo(s), or other intellectual property, without the prior written approval of the other party. b. Advertising. The City recognizes that it is not authorized to use any of Daimler AG's trademarks and trade names; provided, however, City may use the car2go trademark and logo in City marketing/advertising materials, website and social media upon the prior written approval of car2go. C2G shall not be restricted from marketing its service without the use of City's logos and trademarks; however, any advertisement relating to the Program in the City Service Area shall require the coordination and prior written approval of the City Manager. The City may elect to, but has no obligation to, market C2G's services at its own expense, and C2G agrees to assist and coordinate with the City on co-branded marketing efforts. The City and C2G shall mutually agree upon the best methods of advertising and marketing the Program at the City's expense. Program marketing efforts may include, but shall not be required, at City's sole discretion and determination: news stories in the local media; City advertising; advertisements in City's newsletters, newspapers, etc.; posters; Internet links from the City's website; brochures; and postcards sent to persons related to City. Should City elect to produce marketing materials for distribution through all or any of the aforestated channels, such materials will be subject to C2G's approval. Notwithstanding the preceding, the City shall be solely responsible for determining the means, manner, and methods for marketing and promoting the Program at the City's own expense; provided, however, that the City's marketing and promotion plan(s) shall be subject to C2G's review and approval. c. No Advertising on C2G Vehicles. No advertising shall be permitted on the exterior of C2G Vehicles, other than the placement of the C2G trademark(s) and/or logo(s). No additional trademarks, logos, or advertising will be permitted on the exterior of C2G Vehicles, or which can be seen from the exterior of the C2G Vehicle. 11. Audit and Inspections. a. Upon reasonable verbal or written notice to C2G, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. C2G shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement, or any - location in Miami-Dade County, Florida. Page 12 of 22 b. Retention of Records. C2G shall retain all of its records pertinent to this Agreement for a period of five (5) years. c. General Compliance. C2G agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this Agreement. 12. Notices. Notices to the City or C2G regarding the terms and conditions under this Agreement shall be in writing and shall be considered effective upon personal delivery to the individual listed below; via overnight mail; or upon the mailing date, via U.S. certified mail, return receipt requested and addressed to the other party as follows: To City: Attn: Saul Frances Title: Director, Parking Department Address: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Fax Number: To car2go: Attn: Luis Campo Title: General Manager Address: 2935 Biscayne Blvd. Miami, FL 33137 Fax Number: 786-452-8815 13. Governing Law/Waiver of Jury Trial. All questions concerning the intention, validity and meaning of this Agreement or relating to the rights and obligations of the parties with respect to the performance hereunder shall be construed and resolved according to the laws of Florida, in a court of competent jurisdiction located in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, C2G AND THE CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO OR ARISING OUT OF THIS AGREEMENT. 14. Late Fee/Default Interest/Collection Costs. If C2G shall fail to pay any of the payment noted in paragraph 6(b), said payments shall accrue a late fee of $50.00, plus interest at the rate of eighteen percent (18%) per Page 13 of 22 annum, or the highest rate allowed by law, whichever is less ("Default Interest"), until paid in full. Should it become necessary for any party to enforce the terms of this Agreement, the prevailing party shall be entitled to collect court costs and reasonable attorney's fees incurred in connection with the prosecution of said enforcement action. 15. Assignment, transfer or subcontracting. C2G shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. This should not be construed to prevent C2G from using third-party providers and subcontractors for operations; including but not limited to marketing, customer service, and vehicle maintenance. 16. Conflict of Interest. C2G agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. C2G covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. C2G further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by C2G. 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 there from. 17. Hurricane Evacuation Plan. C2G agrees that upon the issuance of a Hurricane Warning by the Miami-Dade County Office of Emergency Management, it shall ensure that all C2G Vehicles and any and all other items used in connection with the Program or this Agreement shall be secured. Additionally, and notwithstanding the foregoing, C2G agrees that upon receipt of notification from the City, whether in writing or verbally, which may be communicated to C2G via telephone, fax and/or email, all C2G Vehicles and any and all other items used in connection with the Program or this Agreement shall be removed from the On-Street C2G Parking Spaces or Off-Street C2G Parking Spaces, or the City Service Area, as instructed, within 24 hours of said notification. C2G's failure to remove vehicles and any and all other items used in connection with the Program or this Agreement upon notice from the City, and within the time period provided in this subsection, may, at the City Manager's sole discretion, constitute an automatic default of the Agreement under which the City may, upon written notice to C2G, immediately terminate this Agreement for cause. Page 14 of 22 18. Information Management/C2G's Compliance with Florida Public Records Law. a. City and C2G will use, restrict, safeguard and dispose of all information related to this Agreement, in accordance with all relevant federal and local statutes, regulations, policies. The information received by either City or C2G in the performance of this Agreement shall remain the property of the City. b. Pursuant to Section 119.0701 of the Florida Statutes, if the C2G meets the definition of "Contractor" as defined in Section 119.0701(1) (a), C2G shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; 2) 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; 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of C2G upon termination of this Agreement. Upon termination of this Agreement, C2G shall 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 City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C2G's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event C2G does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. c. The City acknowledges and agrees that C2G may provide certain information and documents to the City during the term of this Agreement which are part of and/or may contain trade secrets that are protected from disclosure and/or production ("Trade Secret Data"). C2G agrees to mark the Trade Secret Data conspicuously, upon providing same to the City, with a cover sheet marked "Trade Secret", dated and containing a detailed description of the enclosed proposed Trade Secret Data. At City's request, C2G shall Page 15 of 22 submit a Trade Secret Certification Affidavit substantially in the form attached hereto as Exhibit 2, and executed by a duly authorized corporate representative of C2G, in an effort to provide the City with appropriate supporting documentation with regard to C2G's assertions of a Trade Secret Data. City shall take all steps reasonably required to maintain the confidentiality of the Trade Secret Data in its possession, and will use the same standard of care to protect the Trade Secret Data as City uses to protect its own similar Trade Secret information, in connection with any information, records, documents or any and all other materials/information that is subject to inspection, copying, and/or disclosure pursuant to (i) the requirements of Florida Public Records law (including, without limitation Chapter 119, Florida Statutes), as same may be amended from time to time; or (ii) court order or the order of any administrative body having jurisdiction over the subject matter under this Agreement. If the City later receives a public records request that covers the documents referenced in C2G's affidavit, the City will temporarily withhold the records and provide the requestor a copy of C2G's affidavit as part of the City's statutory obligations pursuant to Section 119.07(1(e), Fla. Stat. If a requester objects to the application of the trade secret exemption, the City will promptly provide C2G with notice of the objection, so as to provide C2G the opportunity to file an action with a court of competent jurisdiction within seven (7) calendar days seeking an order barring public disclosure of the document. If C2G fails to file a lawsuit within such time period, City shall produce the requested records in accordance with Florida law. C2G agrees to indemnify the City with respect to all expenses, including any court costs and attorney's fees, which may be incurred by the City in connection with any administrative or court processing, including any appellate action, arising out of any public records request relating to this Agreement. 19. Utilities. No utilities will be provided by the City in connection with C2G's operations under this Agreement. 20. No Mechanical Work and No Dangerous Materials. C2G agrees not to use or permit, in the Off-Street C2G Parking Spaces or On-Street C2G Parking Spaces, any mechanical work or storage of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found being used within or in the vicinity of the Off-Street C2G Parking Spaces or On-Street C2G Parking Spaces shall be immediately removed and shall be considered cause for default and/or termination. Notwithstanding any contrary provisions of this Agreement, C2G, after the Effective Date, shall indemnify and hold the City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by C2G, and/or its officers, directors, employees, contractors, agents, or assigns after the Effective Date, but during any of the Terms, of any hazardous substance or petroleum products on, under, in, upon, or in the vicinity of the Off-Street C2G Parking Spaces or On-Street C2G Parking Spaces, as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, Page 16 of 22 • • n however, C2G shall have no liability in the event of the willful m isconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Section 20 shall survive the termination or earlier expiration of this Agreement. 21. Security. C2G shall be responsible for and provide reasonable security measures which may be required to protect the C2G Vehicles. Under no circumstances shall the City be responsible for any stolen or damaged goods, facilities, materials and/or other equipment including, but not limited to, the C2G Vehicles, nor shall City be responsible for any stolen or damaged personal property of C2G's employees, contractors, agents, vendors, patrons, guests, invitees, and/or any other third parties. 22. Limitation of Liability. The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the total sum of Two Hundred Thousand ($200,000.00) Dollars. C2G hereby expresses its willingness to enter into this Agreement with such a limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of $10.00, the receipt of which is hereby acknowledged, the City shall not be liable to C2G for damages to C2G in an amount in excess of Two Hundred Thousand ($200,000.00) Dollars, for any action 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 limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 23. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No changes, alterations, modifications, additions or qualifications to the terms of this Agreement shall be made or be binding unless made in writing and signed by each of the parties. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 17 of 22 EXECUTED as of the date first written above. CITY OF MIAMI BEACH CAR2GO N.A., LLC By ; B _G._. . Phi;Iip L-�Vin- ,ayor I� Mi d Pt Ck.• Name and Title j'at , ! Dated 9/45 Attest: Attest • ili Rafa E. Granado, City Cler•,•►. s'all'I%it Y5a.o-c. 1V. ' • ." s Name and Title TRo3i.« ..'' � ,fii.. •c s A NAG.f Q � 0, * :./ COR;1 'ORATEp• " ;.\\7-,:-..\-97,, .....•.__*e_�• N c '014-'''' .)\--)4" APPROVED AS TO FORM & LANGUAGE & FOR E ECUTION (2.4.(2.541— 2.1.LI) 15 City Attorney ' Date Page 18 of 22 . Exhibit 1- Car2go Home Area CAR 260 Miami Home Area HOME AR EA ..,-"� r NE 87TH ST I 79TH ST inia, NW �.��_ I . z z m �In N Z Z G Z 'O 0 D m �' CO NW 62ND ST �" v r II ipf co 0 (21!) sill O 95 1 I ® NW 36TH ST 1:11 l Z N 33 N v = = ® m m m Oaae�\ NW 20TH ST _ ',' NE 15TH ST L_i a - 836 ' mu 'UM NW7THST MUM 111111 (SD ti �, ::: 5T 968 ,'ST Q v = rs _� x � SW 16 H ST m m 4 , m CORAL AY 9 " s 0 0 GRAN s 11 / 11/11r L EXHIBIT 2—Affidavit of Trade Secret Certification AFFIDAVIT OF TRADE SECRET CERTIFICATION STATE OF COUNTY OF I, the undersigned, being first duly sworn, do hereby state under oath and under penalty of perjury that the following facts are true: 1. I am over the age of eighteen and am a resident of the State of . I have personal knowledge of the facts herein, and, if called as a witness, could testify competently thereto. 2. I am the (position) of (name of corporate entity), a (state) (type of corporate entity), whose principal address is ("MY Company"). 3. My Company considers the information contained in the document(s) entitled (provide description of the information) marked as Exhibit (comprised of a total of pages) a trade secret under applicable law for the following reasons: [Please explain in detail the specific element(s) or provision(s) of Florida Statutes that render the document(s) at issue a trade secret, particularly in view of (1) prior disclosures; (2) potential disclosures to other third-parties that may routinely require this information (i.e. if it's a company's financial statements, such as rating agencies, sureties, lenders and others; and (3) whether any Florida case has.directly addressed this issue. 4. My Company has taken measures to prevent the disclosure of the information contained in Exhibit to anyone other than those who have been selected to have access for limited purposes, and [I intend/my company intends] to continue to take such measures. 5. My Company considers the information contained in Exhibit to have value and provides an advantage or an opportunity to obtain an advantage over those who do not know or use it. 6. All of the information in Exhibit contained is not publicly available elsewhere and/or has not been reasonably obtainable without My Company's consent by other persons by use of legitimate means. 7. I am the person for the City of Miami Beach, Florida to contact in the event a challenge to any information contained in this Affidavit is received. Page 20 of 22 Executed on this day of in County, (State). Affiant- Full Name: Address: Telephone: E-mail: Affiant Signature: STATE OF COUNTY OF Sworn to or affirmed and signed before me on (date) by (Affiant). NOTARY PUBLIC Personally Known L ❑Produced identification (Type of ID) Page 21 of 22 r Proposal Documents Page 22 of 22 INVITATION TO NEGOTIATE FOR Cleo• SHARING SERVICES ITN 2014-277-S w ITN ISSUANCE DATE: JULY 24, 2014 PROPOSALS DUE: AUGUST 22, 2014 @ 3:00 PM ISSUED BY: Steven Williams M1A/\/ 1EACH Steven Williams, Procurement Coordinator PROCUREMENT DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6650 I Fax: 786.373. 4330 www.miamibeachfl.gov A.;,\•t. 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 i N 2014-277.SW Co r Shoring Services 2 ,1\t,; i 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 1, 2014 @ 10:00 a.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 -N 201 A-277-SV'J Car Sharing Ser'ces 3 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 Parking Conference Room, 2nd Floor 1755 Meridian Ave Miami Beach, FL 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&statelD=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.qov/procurement/scroll.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 • CAMPAIGN 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 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 uV{ .w .e.. �SV� �:��.��._.. .:..'��..:11Y"'-� +.—�_�e�. ITN 201L-277-SAN Cyr Shoring Services 4 . FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS&SERVICES CITY CODE SECTION 2-449 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 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 results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission that negotiations be 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 Code Section 2-369, including the following considerations: (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, 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 ITN 201 -277-SW Car Shorng Services 5 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, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of 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. _�v.3 •• �: .a:,air,`°"°"' '"'' r-:'.. :, '. '^..":'F "S'^. F.^.5:.::...�::s,..�.:5-_.,.r -._•w?.�".:` S'e::.:.3^'�"_ ��..,e° iS2"' "trr-c-r :.3"wTL'°r-•s-r-sL+rrFn-xc-.•eRe•+ =.• 17N 201 -277-SW Car Sharing Services 6 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. <- °_,- sc'5F.aa 4-.7 3.71,====w..3.-t1,,=,T,'''', ITN 2014-277-SW Car Shonng Services 7 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. Additional 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. MODIFICATION/WITHDRAWALS 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). ��'4rn ��-'::.:�:1.�..o.^.�P,�r�'.Z's'�--�"'&�'T�+.. 4::�-:�x.;.:v� '''�-�'--_ T^RmYS:�T-^�..n,�R-,R-.R.'F.___�. �-^WAS...F-P�c RSw:��`.�—'l•e�t,�L.3�'.1—.w°5�'.�i ITN 2014-277-SW Car shoring Services 8 /-\,1, s`,+ L! i\ (g�._s! ? `s p 3 1 ti v 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 Paqe Intentionally Left Blank `air_c:.ra.'$'EL<°S!?R^-a'v�:..i�S"'�.:3`.:.:--u emu-a.Su�.��:75^:^:1^iT-�.�"S.•i L^-`F2�'e,a..am—e'�2��3...'-v.y..�!_'t:i"..--x-.S.'i^^4.�c+.a�..'Qn":e,..-Syi��°.i"-1'j:4`3�a.I1FL�-..03"°:=Z::=+�ui�..$'Z=`a.--L°.Li-�i..° 7 ITN 201z.-277-SW Car Shoring Services 9 f .. L. 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 p p p 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. -� Alri Cover Letter & Minimum Qualifications Requirements � �� - om 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. tir %Ytiso s' Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience 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. 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/wcsl 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. Ci:..:,a.y_3.n.:.::»..L•.:�,7ra'a^�.f.;.-r-.^t'-.r..r•.-+y�.-,w—""'r..,``I�lS•..�;rrserr,^.�-e^+n„',+'Q:S.^�'�"�.-SS.^.as:..�.a_`T.�:j:.1'a-�t..:r�-.^"C�..I:o��'S.r°* a`.:"�f!e`..°"z�..is._-.""`_.aZ,i'SL'L^1'"'^'.�'s7�:...t.t�`.:.L.�;.:�SJ ITN 201 4-277-SVV Car Sharing Services 10 � � r°5 a�t i BEACH '�.':f.L"'r' \. l 10.A M 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. A `�' TB�`4=Y Cost and Revenue Proposal (On-Street) Group I 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 to maximum of 100%to determine the weighted cost per fee type. The sum of all fee types will total the total weighted cost. I4-, TAB- 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 to 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 201.�-277-JVd Car Sharing Services 1 1 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 Procurement Department. 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). �'' sue ' '�s'��"'� "-�� '� �^ ,� "+ -��y�S��.�i,�,��"�=.z-'.�"�"x' � `�5di�"�- �`s"�r��r y '=ne sit litative di a rA � 4n �.�i Ma tai Pointsi � ''F _.� � .y� .7t 3 i; � sNti•. ... i-' rw. �- O : a.'S3.�i�3.Lt ..a- Proposer Experience and Qualifications,including Financial Capability 30 Scope of Services Proposed 30 rs -„'. , y t ; T_.5u��-- iF " g•i3Y ^rgn .r`i^ik�Js'..v `r "p :..r`.� d t .3 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 Procurement Department to those points earned in Step 1, as follows. Asa +� LrY - �'( �c ..-any .i. c ri iY.y."?W - �'n�' y •y'}^'=.- y Step'�.�Qiianyt�re. r ten 1 -.�. t ,�` .� _ .� #5-13 e3*�? M-:Ys _ �c�i�f� T.... F_. Cost Proposal- User Fees 15 Cost Proposal- Financial Return to the City 25 Miami Beach-Based Vendor Preference 5 Veterans Preference 5 , '.:% j ` ' `1```r=3 ° d itrOVI i IOS CE ; CAN ti ita 5.!: A . : 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 I 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 $100/$150X1510 10 Vendor C $200.00 15 $1001$200 X 15=8 8 QS."��,.—.:-.'-ss-'�S..i=•..�...�:.y;�.,:�.:�.mss,`.-ism'�'�:.:c-a,..,�i-crc+,;•,.-�•r,-'-•,s-e.^^-�-s�:.._,�.sa.^°'�a='�-.�I--...F -;�r�s.�mSS:?"--.R�.. ;.Z£a-::..r �::Z..3.- 'R',-S! ITN 2014-277-SAN Car Sharing Services 1 2 '^,soy 4:.Am;1; rjEA"4.+ 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 above.) awarded 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 $100 I$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 Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: • �a+'aMi r ite AC rt 1pQ rVV M " M ^gjlaZ4 Step 1 Points 82 76 80 Step 2 Points 10 7 5 Committee _ -. Total 92 84 1 85 Member 1- Rank I 1 I 3 k• 2. Step 1 Points 90 85 72 Step 2 Points 10 7 5 Committee . Total 100 92 ff 79 Member 2 I Rarik 1 I .2.k 3 Step 1 Points 80 74 66 Step 2 Points 10 7 5 Committee Total 90 1 81 72 Member 2 ' Rank I 1 I -2 I 3 *4:4140,17AlgaZigiire—I -A-qe.:: :Wi---, nT 7 2 V3 Y .'v� �c � � �S 1i' ��y7� i1� �iC' ��(��.[��Z,, �7Ci 1IA-q�r?y p: E-7 1 �yyl�'' ,� e"'_�` '0i ;�yy 1 t�-#� �`;1 r QQ�,'.�F.'__1i��ti__us't'l' . 3' �}�;',7p4-p w' L a-. L �s •.y 'AFB q 1 x _• �k" * 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. a.m...,.:,':..s11,..... -_-: ..Y.?�====�17=E 'r,:s T'r .. X... :�T:13 i.x17.17,9 oC:m ate` aH... cWF.ELI-4,-1, :.a�EX....L,',ZtiZ-,J2Ef-.. .T.a^T J'ZI' '1 ITN 201A-277-SW Car Sharing Services 13 I AAA I B LAC I City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 5 INVITATION TO NEGOTIATE NO. 2014-277-SW FOR CAR SHARING SERVICES (the ITN) September 10, 2014 This Addendum to the above-referenced ITN is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITN is amended in the following particulars only. 1. REVISION: Effective Wednesday, September 10, 2014, the Mayor and City Commission have approved an ordinance repealing Section 2-372 of Division 3, Article VI, of Chapter 2 of the Miami Beach City Code titled "Procedure to provide preference to Miami Beach based vendors in contracts for goods and contractual services". Due to this change, the Miami Beach-based vendor preference specified in the solicitation has been deleted in its entirety and is no longer applicable. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.gov Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000 ext. 6652 lourdesrodriguez @miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITN submission. Potential bidders that have elected not to submit a response to the ITN are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, or s Procur- ent Director MIAMi B City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 4 INVITATION TO NEGOTIATE NO. 2014-277-SW FOR CAR SHARING SERVICES (the ITN) September 4, 2014 This Addendum to the above-referenced ITN is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITN is amended in the following particulars only. 1. REVISION: a) The deadline for receipt of proposals is extended until 3:00p.m., Friday, September 12, 2014. Late submittals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. b) Appendix D, Cost Proposal Form has been amended. Proposers are required to submit the amended Appendix D — Cost Proposal Form in order to be deemed responsive. 2. RESPONSES TO QUESTIONS RECEIVED: Q #1: The living wage rate in the ITN document referenced 2012-2013; which is $12.92/hour without medical benefits. However, I just searched the web and it states for 2014-2015 it is $14.27/hour on the following website: http://www.miamidade.gov/business/library/reports/2014-2015-living-notice.pdf A#1: The above referenced website is Miami-Dade County not the City of Miami Beach. Q #2: Please elaborate on technical plan. What is the City looking for with interfacing with City's parking mobile application? A#2: The City has two (2) applications, one is a locator (Park Me of Miami Beach) available on Google for Android and iTunes for iPad. Park Me provides turn by turn, facility operations, and rates. In garages, it provides real time parking space availability. The City would like to see what prospective proposers have available and done in other agencies. Please provide information as to the capacity of the proposer's system and what its application is capable of. Please advise what interfaces could work with Park Me. The City has a secondary payment application with Parkmobile. The City may consider any of the options submitted by any of the proposers. Proposers should indicate how the solution will interface with the City's system. The City is aware that mobile applications are popular and the City wants to make sure this option is included. ..�.-'_R a;`"w'-'e_W=�3,xz.�.�d'.''&- `:;.. :s'::r •, - - ': `.' -°i,5'�=ts 3,,..um n. - .. ITN 2014-277-SW Q #3: When does the City contemplate having a program launch for the On-street and Off-street? A#3: The City contemplates launching the program before the end of this year. Q #4: Regarding the sharing of data in a real time format. Could the City please elaborate? A#4: As far as utilization of the service the City would like to access the following information in real time: metrics per industry standards; number of vehicles being utilized at real time; historical usage; access via GPS where vehicles are located throughout the City; and ability to export the metrics and data. Q #5: For the On-street portion does the City contemplate access to both metered spaces, as well as, residential permit spaces? A#5: Yes, the City anticipates access to both metered spaces and residential permit spaces. Q #6: In filling out the Cost Proposal Form, there is a weighted percent (10%) for annual memberships. However, prospective proposer does not have an annual membership, just a one-time membership fee of $35. How should prospective proposer handle this, as there isn't an option for"one-time membership fees?" A#6: Appendix D, Cost Proposal Form has been amended to allow pricing for a one-time membership fee. Q #7: For both the on-street/ off-street financial return to the City portion of the form, should prospective proposer estimate the amount based on 100 spaces, if providing more or less than 100 spaces for each? A#7: Please quote based upon the estimate of 100 spaces on the Bid Tender Form. Q #8: Regarding Section 0200, Instructions to Proposers & General Conditions, Section 26, Assignment; Prospective proposer would like to revise this clause to enable prospective proposer to assign to its successor in a merger or acquisition. A#8 Please be advised that per Section 0200, Instructions to Proposers & General Conditions, Section 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). Q #9: Regarding Section 0200, Instructions to Proposers & General Conditions, Section 30, Disputes; (D) response to proposal should be reversed with the solicitation — so that the proposal will take precedence over the solicitation because the proposal will take exception to certain elements of the solicitation. A#9: See response to question #8. ITN 2014-277-SW 2 Q #10: Regarding Section 0200, Instructions to Proposers & General Conditions, Section 31, Indemnification; Prospective proposer would like to revise to indemnify for third party claims only and damages awarded by a court of competent jurisdiction or agreed to by prospective proposer in settlement. Indemnification would be limited to third party claims arising out of prospective proposer or its contractors' negligence or misconduct in performing and would be subject to the city promptly notifying prospective proposer of the claim, giving prospective proposer control over the defense and settlement of the claim, and assisting prospective proposer in the defense and settlement of the claim at prospective proposer's expense. A#10: See response to question #8. Q #11: Prospective proposer would add the following Disclaimer of Warranty and Limitation of Liability: Prospective proposer makes no warranties with respect to the Services or the subject matter of this agreement and hereby disclaims all other warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither party will be liable to the other party for any indirect, incidental, special or consequential damages, including lost profits, even if such party has been advised of the possibility of such loss. Neither party's liability hereunder will exceed $5,000. Each party acknowledges that the provisions of this Section represent a reasonable allocation of risk that is reflected in the fees payable by prospective proposer hereunder. The foregoing limitation of liability is not intended to limit either party's liability for gross negligence or willful misconduct. A#11: See response to question #8. � : ...:'tsa_, e.iin_- .: raea.-q r_r,- _..s.,t.:r:i_'._.....,. ,., q2•--e:,�'r�.4':`...`r�'e.,.-ti°u'> ':•,,.:TL+i :;'.r°�.r::�'"m`..�,^•..:'=..�:''C�,r".:'�- se� ITN 2014-277-SW 3 APPENDIX D ,,./A Inr A Cost Proposal Form *REVISED September 4, 2014 ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ITN 2014-277-SW 4 "REVISED" 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 II 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 I (A)On-Street User Fees (15 maximum points) Weight(%) Cost Weighted Cost One time sign-up 5 X = $ Annual Membership 5 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 One time sign-up 5 X = $ Annual Membership 5 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) $ ,.�xrtni�„�r�i`�� ?�it'..p�.3 1�y#T^94-.,' � -:�r},is s��-'� �c9.�a -'4�'-vr:C^�:u f�r �i°r'4 ri .k="'�� 's, a,`�'�a� 'S"'Et'%' ;�", �..�.� � :�_�:�,� ��'` �.�Bidder`s Affirmat�on.X'�'�° `F.��{�. ��t�.5.��. =�i�..?�.�f��'1�.��'!t�r�-f2N }�p'i�cr,�,�-�� #-T�.i�R�+t � - ._.. ..- _ . ,. r�.1. .. . .. _ Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB No. 2014-277-SW Addendum#4 9/4/2014 Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(c�miamibeachfl.00v Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000 ext. 6652 lourdesrodriguez @miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sink er-ly, Ir f De 's Pri curement Director ITB No. 2014-277-SW Addendum#4 9/4/2014 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 INVITATION TO NEGOTIATE NO. 2014-277-SW FOR CAR SHARING SERVICES (the ITN) August 20, 2014 This Addendum to the above-referenced ITN is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITN is amended in the following particulars only. 1. The deadline for the receipt of proposals is extended until 3:00 p.m. on Wednesday, September 10, 2014. Late submittals will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(c�miamibeachfl.gov Contact: Telephone: Email: Steven Williams 305-673-7000 ext. 6650 Stevenwilliams @miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITN submission. Sklcerely, Alex De is ,Procurement Director 1 ADDENDUM 3 ITN 2014-277-SW CAR SHARING SERVICES ;� MIAMI MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 INVITATION TO NEGOTIATE NO. 2014-277-SW FOR CAR SHARING SERVICES (the ITN) August 15, 2014 This Addendum to the above-referenced ITN is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITN is amended in the following particulars only. 1. The deadline for the receipt of bids is extended until 3:00 p.m. on Friday, August 29, 2014. Late submittals will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.qov Contact: Telephone: Email: Steven Williams 305-673-7000 ext. 6650 Stevenwilliams @miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITN submission. it -/ Alex Denis Procurement Director ? ADDFNDHnn 2 !TN 9n+4.977_cw CAR CHAR Wiry CCR\I!rEc MIAMIBEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 INVITATION TO NEGOTIATE NO. 2014-277-SW FOR CAR SHARING SERVICES (the ITN) July 29, 2014 This Addendum to the above-referenced ITN is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITN is amended in the following particulars only. 1. REVISION: Section 0200 Instructions to Proposers & General Conditions, No. 5. Pre-Proposal Meeting or Site Visit(s) has been amended as follows. Strikethrough denotes removed language. Underlined denotes added language. 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: 11'1264'1 4142489#(note that number is followed by the pound key) Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov Contact: Telephone: Email: Steven Williams 305-673-7000 ext. 6650 Stevenwilliams @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITN submission. Potential proposers that have elected not to submit a response to the ITN are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sinc- - .4.A0*," ra.t=: rents urement Director ITN No. 2014-277-SW Addendum#1 7/29/2014 APPENDIX A A /A A\ 1 , A r A v ti..2\01 v ,LA Proposal Certification , 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 !TN 20I4-277-SW Cor Shoring Se-vices 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. • 1.t�:z",.T:�'4'Ea�.. 9-Ca�.'S_��.u-. .':"^ra-3..a3�sy a�T.3' ra::S'�.i.5.'el.'...._.'.•�5:."a..r.,..et,3:=." :-'£"Iris-'- ".._:.:.1 ITN 201z--277-SW Car Sharing services 1 5 J • 1. Miami Beach Based(Local)Vendor. Is Proposer claiming Miami Beach based firm status? YES 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? YES 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 b any public 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 L",V! -_a°2-11e:..:A.3.'=e I..Ss s- I TN 201 L-277-SW Car Shoring Services 1 6 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. 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 Contractor's 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? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? YES 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 !IN 2014-277-SW Car Sharing Services 1 7 • Bereavement Leave 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 Receipt 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. C:,:asax^'S°?'S:Se4e',.e: ..v.rre=rr�7•��-r'+, a�i•F,ons".'Zffi5: `x''..��-_e�:.•.r.3� ?Q^-;5.:�:.f =*� •,stt �ea-en..sr�...r,�: :. ..i n. ,.<. ,,.ac-...— :.3S�f'L- • ITN 201 d-277-SVV Car Sharing Services 1 8 '� `3c�C''R1'^ s+,t-�a"�'iti�.�J+a'�tir-yy-t.-s....r-�rr`7. ,., 't � i 5r�'�ti <-,e �, � a�e<n--"`�w .1^a:7tiia't"`'f Yr�,�.-�a ��-,R�.�ZI - � _t t t t: DtSO OSUR ANDAYSCVMME10EC fION` �. -1 �- .g.: -� .at 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 investigations, 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. @S"`e.co�*T.�-^..u.:.a� �i._.E`TC:'�'w.'�:e�:? .�.^9'rsu�'�*�'°"e!9 3:5:'��"w1i�^.e-:.�'.�•,.�.^{:.�...._...=5:'�1�Yr.,'_^S.i°i3u�,.s::.�...4�-�:Y�:wti^.:..-.�-•.`r....-.'+�'.^y r"�l°�a..a.;x_,-a,-�var�.-.rr -ra�rxra--xz;,�- •.,,� I'N 201z--277-SW Car Shanng Services 19 C '^� Y•y r't't.-r�=d :.«'t--,:E�.+t._i;� '�+`,�tizN-' -a z� -...r „•._-. -':i, r � i'F�•'.K .�;•� r. i�T w �::r•;,� i� � y 4,5��,6�t :`.;:itW �s 1—,.,��4-'--- rt�A _�, r'tO PROPOSE[o-��CERTIFICATION -F, t ' �.' : tr i wg..r..s'a ft- ,g'e Y a�tE :v re.',F' is Mix y4 ;hen e}:w-rr-r=.+� =i�c`a.a1J c17 5,t rt�l?r•_,. r-.�"'.a•��w..�Y 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 Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) 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: - 9�+s�rrS .m-�sr--^` .:1,M=C ^',""T^a�A`='•g'"'..'.^• 'y ::�,_,T u�^a:.1„M'a-r.,. - x..�-c;,-�"- -r a "..Y ITN 2014-27 7-SW Car Sharing Serv.ces 70 APPENDIX B i\/\ I A IV\ I 99 ' 6 0 Form ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 c te': :E o1 ;far those vendors Who hove received notification of ;this,sei' to ion'but hqve decided not to respond to complete and subm -t Otie‘:-'0fy:-:*#1.:jhformcition cdfachect'"SfcaIement of'No Bid.",`The "Statement of-�No Bid" provides an show tine sohei ction pros . Eadure to_submit Statement t of o}Bid":may result iii not.being not'led•IR:.,'IL'"�'�3".'G°.?71G��+�''"'Q"sJ�SA.L;fTifS.iiStl:ia�_=Lx7'.slR3@'E.�.:fwa^'.�5:'.YSr_L�'�,�iR�3.�.L'S�i�T"aw�:�tSCtii�:'ifclf'A"'••�•�••n.;E�ia'�3�E. 3'T�d�'.!I�i`.L^:'�i iYSaa`.�fS.3iiF]i�:.f��sr��a,�a.°.tl:.�[':4:J[P I N 201 4-277-SW Cor Shonng.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) .rc.�ati:�r:±.�s�:trs^ei,Zvi ;w�rsaaatr-:+rxr3,.:�;=m:�ti s�.�es�w+it.�` .,�.�..fi�'.—a�wi��a�.=.vY:,:��z:;.?-..._..�„fi:w zrr!�t;±coabaaxvar ±n_,c?�:,x-;r,;..:-sQ-x,?ss::ar-•�: 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: ' f S'-` " -d`4s6rE'illftm:N.^.7{Li}r'_.'' ..l3hT. T7.'fl ."hFY•.. _ -•-.i.u.�� .'' F -EidhL'??C+°h.^.±'-s-i£i ..1 `3'T/.Li?1Y.4 R'i..A'✓:'Cti 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 TN 2014-277-SW Car Sharing Services 22 APPENDIX ; / , t • I 't :1 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 -• ia Cl. 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 tor 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 operationaliimplementation 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 userownership. 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. • "-::=:i..:::;'tr..:.::..::::•.:: :l�:r.:i:i.:ti,�,.ui•�:..a,...:..,,.......7.�:,ry,...Y......-:z.._t.:ss[tr.c:..ai..ati.a4.:.::a;+:.:.:_z-�::area:.ar.�.a3r.•:isr:¢..a..r�.or..y=,rxr.:::xw-e�vir�a:zaa�w��a�=�::-: ea�LV�scrn,s 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) Monitoringlauditing 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) 1:a....•i-.:r'C'_y.e.:z cCC;:�.r�RS.e<+a+,vt;:.r::.wno+S�:tY1X.:a:cicL ter..:ars..:..Y3sY�`cl:s•s.«ti•n.:4WS�tnsfArx Y.wwA:.:zi:.�-`1 r:.^�`.�:1i°.::.sii°.J fL•:jaS:.:;,r..x:+:.�:a:s."�17:t.at?.�:T:::v:'._�r�::x4+aes;r�'L':;�! APPENDIX D 1\ ! A „ , A : i . 1 Cost Proposal Form riN 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 Ccr Sharing Services 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 II 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 I (A)On-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 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) $ i.=.1,, s U21:1" '°7=1=>'P.ei 111.TS:i1'.�:^.:--uL�L'Y�S_':�.... ::°�'v`F°..�..'a�Ti� +..,...ns�..".'°.S :�i...S�"_.T.�l",_.��S:r.�.�`-"-"„n--�;!'.3.a:o`3.a=�e..S'^.aS=.:.2,°�t;.--'K-`Y^"° _ _ .`3„�p.-.s,..+•-__^^r=...—.-.-.e ITN 201 4-277-SVV Car Sharing Services 27 • APPENDIX E A A : • -r) Fr- A „al i \ /\ 1f ) r V \ k 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 IN 20121-277-SW Car Shoring Services 28 A / A b _ .L I : L '1 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 V" 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 any other section of this agreement. ITN 201 4-277-SW Co; Sharing Services 29 A =s1 n Pc • Tts E C-JMMISSIC.)N I l EM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO INVITATION TO NEGOTIATE (ITN) NO. 2014-277-SW FOR CAR SHARING SERVICES. Key Intended Outcome Supported: Improve parking availability. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/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. The City released 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. On July 23,2014,the City Commission approved the issuance of the subject Invitation to Negotiate(ITN). On July 24, 2014, the ITN was issued with an opening date of September 12, 2014. A pre-proposal conference to provide information to proposers submitting a response was held on August 1,2014. The City received two(2)proposals from the following: Car2Go N.A. LLC(Car2Go),and ZipCar. ZipCar was deemed non-responsive for failure to submit the cost proposal as required by the ITN. The Evaluation Committee appointed by the City Manager convened on November 5, 2014,to consider the proposal received. After the proposer's presentation and interview, the Committee discussed the proposer's qualifications, experience,and competence,and further scored the proposer in accordance with the evaluation criteria established in the RFP. The proposal from Car2Go received an average score of 96.5 from the evaluation committee. Car2Go has been providing these services for a five(5)year period. They are providing services to fifteen(15)North American cities(Miami,Seattle,Portland,San Diego,Minneapolis and St.Paul,Columbus,Denver,Austin,Washington D.C.,Vancouver, Calgary,Toronto and Montreal). Car2go proposes a car sharing service where members can pick up a vehicle at any legal,on-street parking space,24 hours a day, seven days a week, 365 days a year. Members do not require a reservation and the vehicle may be returned at any time to any legal on-street parking space. Members are assessed user fees based per minute,hour or day. User fees include gas, insurance, and parking. Parking fees are recuperated by the City through a monthly payment(to be negotiated)from Car2go for the use of each parking space. The City Manager has reviewed the proposal received,pursuant to ITN 2014-277-SW for Car Sharing Services,and the results of the Evaluation Committee process, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida,authorize the Administration to enter into negotiations with Car2Go; and further authorize the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration. The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the resolution accepting the recommendation of the City Manager,pursuant to Invitation to Negotiate(ITN)No.2014-277- , SW for Car Sharing Services. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A This is revenue generating with no cost to the City. OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 and Saul Frances, Extension 6483 Sign-Offs: �r a•artment Di for Assis t City Ci ya;r AD • SF KGB MT , A ; JLM . T:IAGEN I;2014\November 191RFP 2014-277-SW Car Sharing ervices.doc :114;4*-' AGENDA ITEM L' J MIAMI BEACH 252 DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of th- City Commission FROM: Jimmy L. Morales, City Manager fir' '(V . D.L DATE: November 19, 2014 q- SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO INVITATION TO NEGOTIATE (ITN) NO. 2014-277-SW FOR CAR SHARING SERVICES. KEY INTENDED OUTCOME Improve parking availability. FUNDING This is revenue generating with no expenses to the City. BACKGROUND Car sharing is another environmentally friendly program, similar in concept to the bicycle sharing program that allows users to rent vehicles by the minute, hour, or day. Car sharing discourages the need to own an automobile which has numerous benefits to the user as well as the environment. "Hertz 24/7" was the City's sole car sharing service provider. Hertz had an Agreement with the City for a five year term which commenced on January 24, 2012, and was due to expire on January 23, 2017, and one five (5) year renewal option, at the sole discretion of the City. 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. To this end, pursuant to Section I. (d)(2) of the Agreement, Hertz terminated the Agreement effective August 5, 2014. Nonetheless, the Administration believes that there is still a demand for this service across the City, particularly in high density areas with traffic congestion and parking challenges. Clearly, there are other car sharing service providers with a successful presence both locally and nationally. Therefore, the City released 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 253 Commission Memorandum—ITN 2014-277-SW for Car Sharing Services November 19, 2014 Page 2 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. RFP PROCESS On July 23, 2014, the City Commission approved the issuance of the subject Invitation to Negotiate (ITN). On July 24, 2014, the ITN was issued with an opening date of September 12, 2014. A pre-proposal conference to provide information to the proposers submitting a response was held on August 1, 2014. The City received two (2) proposals from the following: • Car2Go N.A. LLC (Car2Go) • ZipCar ZipCar was deemed none responsive for failure to submit the cost proposal as required by the ITN. On September 29, 2014, the City Manager appointed via Letter to Commission (LTC) No. 330- 2014 an Evaluation Committee (the "Committee") consisting of the following individuals: • Ray Breslin, Transportation, Parking & Bicycle-Pedestrian Facilities Committee Member • Tonya Daniels, Marketing Tourism and Development Manager, City of Miami Beach • Julian Guevara, Transportation Operations Supervisor, City of Miami Beach • Albert Ventura, Parking Operations Manager, City of Miami Beach • Margarita Wells, Environmental Specialist, City of Miami Beach • The following alternates were also appointed: • Jose Gonzalez, Transportation Director, City of Miami Beach • Elizabeth Wheaton, Assistant Building Director, City of Miami Beach The Committee convened on November 5, 2014, to consider proposals received. After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and competence, and further scored the proposers in accordance with the evaluation criteria established in the RFP. Total Points Evaluation Criteria 30 Proposer Experience and Qualifications, including Financial Capability 30 Scope of Services 15 Cost Proposal — User Fees 15 Cost Proposal — Financial Return to the City The ITN also stipulated that additional points would be applied, if applicable, pursuant to the City's Veteran's Preference Ordinance. However, no proposer was eligible for Veteran's preference. 254 • Commission Memorandum-ITN 2014-277-SW for Car Sharing Services November 19, 2014 Page 3 The evaluation process resulted in the following ranking of proposals. cn ITN 2014-277-SW c c� C cn m Q J Car Sharing m c y C ' c of W Z Services c co � 0 C - p Car2Go 95 1 98 1 95 1 95 1 4 1 A brief summary of the firm and their proposal is provided below for informational purposes. • Car2Go has been providing these services for a five (5) year period. They are providing services to fifteen (15) North American cities (Miami, Seattle, Portland, San Diego, Minneapolis and St. Paul, Columbus, Denver, Austin, Washington D.C., Vancouver, Calgary, Toronto and Montreal). Car2go proposes a car sharing service where members can pick up a vehicle at any legal, on- street parking space, 24 hours a day, seven days a week, 365 days a year. Members do not require a reservation and the vehicle may be returned at any time to any legal on-street parking space. Members are assessed user fees based per minute, hour or day. User fees include gas, insurance, and parking. Parking fees are recuperated by the City through a monthly payment (to be negotiated)from car2go for the use of each parking space. CITY MANAGER'S REVIEW & RECOMMENDATION The City Manager has reviewed the proposals received, pursuant to ITN 2014-277-SW for Car Sharing Services, and the results of the Evaluation Committee process, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, authorize the Administration to enter into negotiations with Car2Go; and further authorize the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration. RECOMMENDATION • The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the resolution accepting the recommendation of the City Manager, pursuant to Invitation to Negotiate (ITN) No. 2014-277-SW for Car Sharing Services. Af. M /K B/ /Sc/A D T:IAGENDA120141Novemberl 9/RFP2014-277-SW for Car Sharing Services- Memo Final.doc 255 After Action November 19, 2014 Commission City of Miami Beach C7J A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Invitation To Negotiate No. 2014-277-SW (The ITN) For Car Sharing Services; Authorizing The Administration To Enter Into Negotiations With The Top Ranked Proposer, Car2Go N.A. LLC; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Parking/Procurement) ACTION: Resolution 2014-28828 adopted. Saul Frances and Alex Denis to handle. SUPPLEMENTAL MATERIAL 2: Official Certificate of County Canvassing Board C7K A Resolution Adopting The Official Certificate Of County Canvassing Board For The November 4, 2014 Special Election For The City Of Miami Beach, And Declaring Results Thereof. (Office of the City Attorney) ACTION: Resolution 2014-28829 adopted. Office of the City Attorney and Rafael E. Granado to handle. The Certificate of the results of the November 4, 2014 City of Miami Beach Special Election received from the Miami-Dade County Supervisor of Elections, is attached to Resolution 2014- 28829 as Composite Exhibit "A," and is incorporated therein. Said Certificate reflects that: Question "A" as set forth below was approved by the electorate of the City of Miami Beach; and Question "B" as set forth below was approved by the electorate of the City of Miami Beach. (The two ballot questions have been lettered "A" and "B" for ease of reference herein only and were not so lettered on the ballot.) QUESTION "A" City Charter Article V: City Commission's Pre-Collective Bargaining Analysis of Fringe Benefits Shall Charter Article V governing "Budget and Finance" be amended to require that within the 6 • months preceding the City Commission's ratification of Collective Bargaining Agreements with the respective labor unions, the Commission shall consider at public hearing a written report presented by City Manager or his designee/City Budget Director, detailing current status and related fiscal impact of fringe benefits, including pension and health insurance plans, provided by City to its officers and employees? YES 12,716 Votes NO 3,087 Votes QUESTION "B" City Charter Section 1.03: Management Agreements and Concession Agreements Shall Charter Section 1.03 be amended to require approval by 4/7 vote of all members of Planning Board and 6/7 vote of City Commission prior to City entering into any Management or Concession Agreement with a private party for 10 years or longer (including option periods) for the management, operation and/or use of City property (including public beaches) or a City- owned facility, exempting therefrom City agreements with Federal, State or Local governmental entities? YES 11,263 Votes NO 3,443 Votes Prepared by the Office of the City Clerk F:\CLER\CITYCLER\AFTERACT 12014\1 1 1 920 1 41Aa11102014.Docx Page 18 RESOLUTION NO. \ `� A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO INVITATION TO NEGOTIATE NO. 2014-277-SW (THE ITN) FOR CAR SHARING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, CAR2GO N.A. LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Invitation to Negotiate No. 2014-277-SW (the ITN) was issued on July 24, 2014, with an opening date of September 12, 2014; and WHEREAS, a voluntary pre-proposal meeting was held on August 2, 2014; and WHEREAS, the City received a total of two (2) proposals; and WHEREAS, on September 29, 2014, the City Manager via Letter to Commission (LTC) No. 330-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: • Ray Breslin, Transportation, Parking & Bicycle-Pedestrian Facilities Committee Member; • Tonya Daniels, Marketing Tourism and Development Manager, City of Miami Beach; • Julian Guevara, Transportation Operations Supervisor, City of Miami Beach; • Albert Ventura, Parking Operations Manager, City of Miami Beach; • Margarita Wells, Environmental Specialist, City of Miami Beach; The following alternates were also appointed: • Jose Gonzalez, Transportation Director, City of Miami Beach; • Elizabeth Wheaton, Assistant Building Director, City of Miami Beach; and WHEREAS, the Committee convened on November 5, 2014 to consider the proposals received; and WHEREAS, the Committee was provided an overview of the project; information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information on the scope of services, references, and a copy of each proposal; and engaged in a question and answer session after the presentation of each proposer; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the ITN; and WHEREAS, the Committee's ranking was as follows: Car2Go, N.A. LLC (Car2Go), as the top-ranked firm; and. 256 WHEREAS, after reviewing the submissions and the Evaluation Committee's and rankings, the City Manager exercised his due diligence and is recommending that the Administration be authorized to enter into negotiations with Car2Go. 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 City Manager pertaining to the ranking of proposals, pursuant to Invitation to Negotiate (ITN) No. 2014-277-SW for Car Sharing Services; authorize the Administration to enter into negotiations with Car2Go N.S. LLC; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this day of 2014. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:WGENDA\20141November 191Procurement\RFP 2014-277-SW Car Sharing Services-Resolution.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attor! ►i' Mn= 257 i � %� '-. ♦..i } Jl k. ''''r d .- ' AO P 11'3 .7.4 � a_ 1 i w CRA 2G0 Response to.Miami Beach INVITATION TO NEGOTIATE (ITN): For Car Sharing Services ITN 2014-277-SW car2go N.A. LLC 1717 W. 6th Street Suite 425 Austin, TX 78703 512-428-6233 Phone 512-992-2709 Fax car2go Response to Miami Beach (ITN):Car sharing Services I. Cover Letter& Minimum Qualifications Requirements 1.1) Proposal Certification,Questionnaire& Requirements Affidavit(Appendix A) II. Experience&Qualifications 2.1) Qualifications of Proposing Firm: 2.2) Qualifications of Proposer Team 2.3) Financial Capacity III. Scope of Services Proposed... • 3.1) Minimum Requirements and Specifications(Appendix C) 3.2) (1)Operations/Implementation Plan;(2)Technical Plan; (3) Marketing Plan IV.Cost and Revenue Proposal (On-Street)Group 1 4.1) Proposal for on-Street 4.2) User Fees and Financial Return to the City V.Cost and Revenue Proposal (Off-Street)Group II 5.1) Proposal for Off-Street 5.2) User Fees and Financial Return to the City car2go N.A., LLC �� 1717 W 6thth Street, Suite 425 zy Austin TX, 78703 Y: � .--512-428-6233 Phone �,° 512-428-6233 Fax william.lcnapp@daitnler.com Steven Williams,Procurement Coordinator Department of Procurement Management 1700 Convention Center Drive Miami Beach, FL 33139 August 27,2014 Dear Mr. Williams: car2go N.A. LLC appreciates the opportunity to respond to the Invitation to Negotiate issued by the Department of Procurement Management for carsharing services in Miami Beach.This is a fantastic opportunity for car2go to highlight the details of our unique carsharing model,the experience we have in providing one-way car sharing to our 21,000 members in the city of Miami and the real,exciting potential for creating a regional transportation network. In our response,we will demonstrate how car2go's cutting-edge mobility solution embodies a cost- effective,environmentally-sustainable,and convenient mode of transportation. car2go is the only carsharing service in North America that currently provides point-to-point,on-demand vehicle access— the ability to walk up to any car2go smart vehicle without a reservation and drive away. In addition,only car2go allows the user to return the car to any car2go-designated or non-restricted on-street parking space within the company's Home Area,lock it and leave it. Finally,car2go is the only major carsharing provider that allows for a per-minute charge,rather than locking members into long-term, expensive trips. In July,car2go began operations in St. Paul,Minnesota,coming on the heels of our opening in Minneapolis in September 2013. Members of car2go Twin Cities have the ability to begin and end trips in both jurisdictions,providing residents with a regional car sharing network. The proximity of the city of Miami to Miami Beach and the frequency of trips residents make between the two cities presents a unique opportunity to create a regional transportation solution,much like we have in Minnesota. Finally, as you know, car2go is no stranger to the Miami metro region,having launched operations in the city of Miami in July 2012. With the potential to expand our services to include Miami Beach,car2go looks forward to building upon the success we have experienced in the region to date and help further bolster transportation options for residents of this great city. Regards, Michael Mikos Director of Strategy APPENDIX A =1 MIAMI BEACH Proposal Certification , Questionnaire & Requirements Affidavit ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami BeacM1, Florida 33139 iN'toiaens�v('ups e � 14 987 Solicitation No: Solicitation Tide: CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH ITN 2014-277-S'W • Procurement Contact Tel: Emit Steven Williams 305.673.7000 x6650 Stevenwilliams @rniamibeachfi.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: N?,? L LC No of Years in Business: `1 i S No of Years in Business Locally No.of Employees: 5' ? it?'��rc e S/ 1 c OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEAR FIRM PRIMARY ADDRESS(HEADQUARTERS): =J CITY: i 7 t 7 \ I e s"}' C,JA S+re el-- S u Au%- c STATE: ZIP CODE: Te a -7 7s 7 0 TELEPHONE NO.: SI . — Lac s0a33 TOLL FREE NO.: FAX NO.: S t1-19-- a'?06l FIRM LOCAL ADDRESS: 3s Qrscrr \ 1\ �0 CITY: � Al i 1Y1 STATE: ZIP CODE: i--lo1 �ck� ,x;37 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: LJ � S C. el Apo ACCOUNT REP TELEPHONE NO.: — � ! � Q �_ �� c 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. 171\12014-277-SW Cor Shoring Services 15 9 1. Miami Beach Based(Local)Vendor.Is Proposer claiming Miami Beach based firm status? YES ('>( I 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 Pro oser claiming a veteran owned business status? • YES c20 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, agent,or immediate family member ( ) y director, (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- erformance 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 enbly 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. !TN 2014=277-SW Ca Sharing Services 16 989 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 ail 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 Labors 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 an 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 Contractor's 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 s to any benefits to employees with spouses or to spouses of employees? .access NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners`or to domestic partners of employees? X YES NO C. Please check all benefits that apply to your answers above and fist 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 X " Family Medical Leave Bereavement Leave STN 2014-2 7-SW Car Sharing Services 17 990 • 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.miamibeachf.gov/procurementl. 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 Receipt Receipt Receipt M. Addendum 1 Addendum 6 Addendum 11 .r�l - 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 1 8 991 r�.,«.��Xis•. �-�,�.�� DIS'CLOS E�i4NDYD � ^F -� The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the°City)for the recipients 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 b this solicitation. Following subirilssion of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disdosure 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 recipients own risk.Proposers should rely exclusively on their own investigations,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 Disdaimer,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 seated proposal form and shalt 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 dedarations as requested in this soicitation.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 eventof 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 19 992 c•.. 7e 2 +.r. �—��^7�`�' � �� R Tr �- 1 .a ��' tiQz ra X fi_ ^Y= ' --fr, --i- viii2 .s S �:'}. } ; I hereby certify that: I, as en authorized agent of the Proposer, am submitting the following intonation 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, 1 and the Disclosure and Disclaimer Statement Proposer agrees to be bound to any and all specifications,terms and 1 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 i 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, E inclusive of the Proposal Certification.Questionnaire and Requirements Affidavit are true and accurate. taarne.of Prop?sAulhoreedRep-re enIaLive: Tate oP Proposers Authoriz Represent ve: ii 1—viS L,con p0 Loco-- ',gin ctriojsCr . i Sgnatu f ProcosersAutharized Reprsssentativa: ate: "'� n • . I WA, L riv,c,,t, • -f'n State of FLORIDA ) Ort finis l� day of �c s� 20 personally .• appeared before me Lac.; Car-00 who County of k`".:c.z"°'`fd�e ) stated that (s)he is tie Loco=,o G ,� N rCcZf ,• cf car�a Ma,L,a corporation,and that the instrument was signed in behalf of the said corporation by authority of its board of directors an acknowledged said • instrument to be its voluntary act and deed.Before mi. J Notary•1 ,, roe the State of Florida • My Commission Expires: Og/g Cl?0 t-7. .t ELVIA ROQUE yNOTARY PUBLIC e; ,, STATE OF FLORIDA . ' "f;" CcmjT#FF048672 Expires 8/26/2017 [IN 2014-277-SW Ccr Sharing Se-vices 20 993 _. _.. • • r -• _ _ • • • • • • 1 • car2go Response to ITN 2014-277-SW EXPERIENCE AND QUALIFICATIONS 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identifies 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. car2go Response:, car2go has offered its unique one-way car sharing service in North America since 2010. In just 4 years, car2go has grown to include 15 North American cities(Seattle;Portland, Oregon; San Diego; South Bay, Los Angeles;Minneapolis and St. Paul, Minnesota; Columbus, Ohio; Denver; Austin, TX;Miami; Washington, DC; Vancouver; Calgary, Toronto and Montreal)with more than 315,000 members and 5,000 vehicles on the street. car2go is also available in 12 European cities, for a total of 27 cities world-wide. At the end of 2014, car2go is expected to be the world's largest car sharing service provider Members of car2go in the U.S. can pick up a vehicle at any legal, on-street parking space and drop it off at any legal, on-street space, 24-7, 365 days-a-year. Members don't need to make a reservation and don't need to bring the vehicle back to a specified location at a specified time. Members are charged on a per-minute basis for their usage(41 cents/minute) and there are also hourly($14.99/hour) and daily($84.99/day)rates. A typical car2go trip lasts between 25-40 minutes and is between 4-6 miles. car2go works closely with local municipalities on parking arrangements that allow members to park in residential permit areas, as well as at meters without having to feed them. car2go compensates the jurisdiction for this privilege and car2go would do the same in Miami Beach. car2go began offering its one-way car sharing service to the public in Austin, Texas in March 2010. Initially, car2go worked with the city of Austin to pilot its cutting-edge technology with city employees and today has more than 375 vehicles on the road with more than 45,000 members. car2go has enjoyed an extremely successful relationship with the city and its transportation department and is a model we look to replicate in our other cities of operation. 1 car2go Response to ITN 2014-277-SW car2go is able to bring several hundred vehicles to a city's streets without any subsidy from the municipality, providing residents and visitors with an entirely new transportation system. For example, in Washington DC, car2go worked closely with the District of Department of Transportation to bring 200 vehicles to the streets in March 2012. In 30 months of operation, due to the significant successes we have seen in DC, we have grown to 500 vehicles and more than 38,000 members. car2go is no stranger to the Miami area, launching service in the city of Miami in July 2012. car2go worked closely with the Miami Parking Authority(MPA)to bring one-way car sharing to the city. Currently 300 vehicles are available on street for members to use. With more than 21,000 members, car2go has become an ingrained component of the transportation landscape in the city. car2go recently reached an arrangement with the MPA that will allow us to continue offering service in the city of Miami until at least 2017. With an established presence in Miami already, including 20 full-time and part-time employees, a local office in the heart of the city of Miami and 2+years of service, car2go will be able to launch operations in the city of Miami Beach immediately. Currently, car2go provides 20 private parking spaces to members in Miami Beach at lots located at 500 Collins Avenue and 1691 Michigan Avenue. These lots have proved to be in high- demand among our members and we have added spaces in some of the lots to keep up with utilization. We are very excited about being able to extend on-street parking access to our membership base, who have repeatedly us asked about this possibility. Contact Information for cities we have worked closely with is listed below: City of Miami Contact Name: Alejandra Argudin Title: Chief Operating Officer Address: 40 NW 3rd Street,Miami, Florida 33128 Email: aarszudin@miamiparking..com miamiparking.com Phone: 305-373-6789 Scope of Services: car2go launched operations in Miami in July 2012. Currently, there are 283 vehicles in the fleet, with 21,000+members. City of Austin Contact Name: Robert Spillar Title: Director of Transportation Address:_505 Barton Springs Road, Austin, TX 78704 Email: rob.spillar@ci.austin.tx.us 2 car2go Response to ITN 2014-277-SW Phone 512.974.2488 Contact Name: Steve Grassfield Title: Parking Enforcement Transportation Regulatory Manager Address: 505 Barton Springs Road, Austin, TX 78704 Email: Steve.Grassfield @ci.austin.tx.us Phone: 512.974.1489 Scope of Services: 1s`operational car2go N.A. city; launched in March 2010. 375 vehicles in the fleet; more than 43,000 members. City of Washington DC Contact Name: Sam Zimbabwe Title: Associate Director-Policy, Planning& Sustainability Administration District Department of Transportation Address: 55 M Street SE, Washington, DC 20003 Email: sam.zimbabwe @dc.gov Phone: 202.671.2542 Cell: 202.907.7212 Scope of Services: Launched operations in March 2012 with 200 vehicles. In 2+ years, have expanded to 500 vehicles with 38,000+ members. 3 car2go Response to ITN 2014-277-SW 2. 2 Qualification 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 members 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. car2go Response: An organizational chart of car2go members responsible for the Miami Beach location is below: 3 ( 4 , jS,4 4 ID boctor Stara e� . Mike Mikos uwsciess=1e e1(1 8• e i a to MaEna_a t. Josh Moskowitz .- taint:t -,o arson == ;- -,s an age-, _ Luis Campo Mike Mikos, car2go's Director of Strategy, oversees all business development for car2go in North America and development/implementation of all new business products. 4 car2go Response to ITN 2014-277-SW Josh Moskowitz, a car2go Business Development Manager, manages business development and new business opportunities in the Midwest, Southeast, Atlantic and Northeast portions of the United States. Luis Campo is the Location Manager for car2go's Miami office. Luis is responsible for overseeing the day-to-day operations of the Miami location, as well as overseeing our partnerships with the Miami Parking Authority and local Miami businesses. Luis would be responsible for overseeing all business operations in Miami Beach as well. Resumes for Mike, Josh and Luis detailing their experiences are attached. 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/st ores/serviet/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. car22oReponse: car2go registered for its SQR on August 11th,2011. 5 car2go Response to ITN 2014-277-SW APPENDIX A—car2go RESPONSES 4. References and 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 the 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. car2go Response: City of Miami Contact Name: Alejandra Argudin Title: Chief Operating Officer Address: 40 NW 3`d Street, Miami, Florida 33128 Email: aargudinn.miamiparkina.com Phone: 305-373-6789 Scope of Services: car2go launched one-way car sharing operations in Miami in July 2012. Currently, there are 283 vehicles in the fleet, with 21,000+members. City of Portland Contact Name: Marni Glick Title: Transportation Options Division Manager Address: 1120 SW Fifth Avenue, Portland, Oregon 97204 Email: marni.glickeportlandoregon.gov Phone: 503.823.7239 Contact Name: Ramon Corona Title: Parking Control Manager Address: 1120 SW Fifth Avenue, Portland, Oregon 97204 Email: ramon.corona @portlandoregon.gov Phone: 503.823.5226 Scope of Services: car2go launched one-way car sharing operations in Portland in March 2012. Currently have 350 vehicles in the fleet with more than 24,000 members. car2go Response to ITN 2014-277-SW City of Austin Contact Name: Robert Spillar Title: Director of Transportation Address:_505 Barton Springs Road, Austin, TX 78704 Email: rob.spillar@ci.austin.tx.us Phone 512.974.2488 Contact Name: Steve Grassfield Title: Parking Enforcement Transportation Regulatory Manager Address: 505 Barton Springs Road, Austin, TX 78704 Email: Steve.Grassfield@ci.austin.tx.us Phone: 512.974.1489 Scope of Services: ls`operational car2go N.A. city; launched in March 2010. Currently have 375 vehicles in the fleet; more than 43,000 members. City of Washington DC Contact Name: Sam Zimbabwe Title: Associate Director-Policy, Planning& Sustainability Administration District Department of Transportation Address: 55 M Street SE,Washington, DC 20003 Email: sam.zimbabwe @dc.gov Phone: 202.671.2542 Cell: 202.907.7212 Scope of Services: Launched operations in March 2012 with 200 vehicles. In 2+ years, have expanded to 500 vehicles with 38,000+ members. 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), please provide a statement to that effect. Truthful and completed 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 car2go Response to ITN 2014-277-SW years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. car2go Response: Please see the attached spreadsheet responding fully to this request. 7. Vendor Campaign Contributions.Proposer is 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 the 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. car2go Response: The entity with the sole controlling financial interest in car2go is the Daimler North America Corporation. No financial contributions were made, either directly or indirectly, to a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach by Daimler North America Corporation or car2go North America, LLC.. 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 Count. 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/. car2go Response to ITN 2014-277-SW car2go Response: Please see the attached for Daimler's Integrity Code and Business Partner Brochure. MICHAEL MIKOS Director of Strategic Development, car2go N.A., LLC Michael Mikos is Director of Strategic Development of car2go N.A., LLC,a role he assumed in March 2013.In this capacity, Mr.Mikos has oversight of the development of all car2go launches in North America. In addition, Mr.Mikos manages the development and integration of new Daimler mobility products,as well as strategic partnerships, and investments in the North American mobility market. Mr.Mikos is based in Austin,Texas. With Mr.Mikos' leadership in Business Development,car2go has launched in 5 cities across North America. Today, car2go is in 14 cities across the U.S. and Canada with over 400,000 registered members. Previously, Mr. Mikos was Chief Financial Officer of car2go North America from 2011 to 2013. In this role, he oversaw all aspects of the company's financial operations and played an integral role in driving car2go's long-term vision to support its continued strong growth. Prior to car2go,Mr.Mikos served as Project Manager of Revenue Enhancement for Daimler Trucks of North America,where he wore multiple hats-from marketing and sales, to financial analysis for the overall Revenue Enhancement Project,since his appointment in July 2009. From 2008 to 2009, he served as District Sales Manager, in which he was responsible for the sales of Sterling Trucks within the Southeast Region through direct dealer and customer contact. Prior to that, he served as National Sales Support Manager for two years, leading sales operations projects,and was also Financial Product Analyst for Daimler Trucks of North America from 2005 to 2006. Before joining Daimler Trucks of North America, Mr.Mikos was Operations Finance Analyst for Navistar. Previously,Mr.Mikos worked as ABM Analyst at Navistar, developing and implementing financial models at manufacturing sites, and performing operational analysis to identify improvement opportunities. Mr. Mikos has an M.B.A. in Finance from DePaul University's Charles H. Kellstadt Graduate School of Business, as well as a B.S. in Actuarial Sciences from the University of Illinois at Urbana-Champaign. # # # Josh Moskowitz 507 Pressler Street,Unit 3102 Austin,Texas 646-285-8432 jmoskowitz l @ gmail.com EXPERIENCE car2go,N.A.,LLC (October 2012—Present) Business Development Manager Austin,TX • Directly responsible for overseeing day-to-day business operations of existing car2go car sharing locations on the East Coast,Midwest and Southern portions of the United States(Washington,D.C.;Miami,Austin,Texas; Columbus,Ohio;Minneapolis—Saint Paul,Minnesota;Montreal,Quebec) • Oversee all aspects of expansion into new markets of operation,including drafting responses to Request for Proposals,negotiations with local governments and vendors,fleet delivery and hiring of key members of location staff District Department of Transportation (December 2010—October 2012) Project Manager, Car Sharing and Capital Bikeshare Washington,DC • Spearheaded implementation of point-to-point car sharing program in the District of Columbia,drafting program regulations and contract for partnership with car2go.Resulted in District receiving more than $790,000 in revenue and the addition of a highly successful transportation option for city residents • Drafted contract solicitation allowing for the introduction of multiple car sharing vendors in the city's reserved curbside car sharing program,leading to revenue increase of$200,000 • Oversee$5 million budget,day-to-day operations,project management and strategic planning of the country's largest bike sharing program,Capital Bikeshare • Responsibilities include contract management and contract negotiations with Capital Bikeshare contractor, pinpointing and securing funding for system-wide expansion and selection of future Capital Bikeshare station locations • Duties also include strategic business outreach to corporations,non-profits,academic institutions,and federal government agencies in becoming Capital Bikeshare corporate sponsors.In one-and-a-half years of operation, Capital Bikeshare has 35 corporate partners Executive Office of Mayor Adrian M.Fenty (November 2009—December 2010) Policy Analyst, Office of Policy and Legislative Affairs Washington,DC • Designed and developed transportation,urban planning and economic development policies,legislation and regulations for the Fenty administration • Served as Mayor's advocate and liaison to City Councilmembers and their staff in promoting and advancing the administration's policy agenda EDUCATION University of Wisconsin (May 2006) Bachelor of Arts Madison,WI • Political Science and Journalism Luis F. Campo 431 Lakeview Drive Apt.203 Weston, FL 33326 (954)901-7853 (305)906-1348 lfelipecampo@yahoo.com WORK EXPERIENCE: Location Manager: Car2go Miami April-Present • Managing Fleet, Marketing and Custo mer Service • Approvals of promo codes,free minutes,buys, etc. • Local Community Outreach and Business Development/Protecting assets and Balancing overhead costs. Branch Manager September 2010-March 2014 Enterprise Rent-A-Car Davie,FL • Manage fleet growth at two rental branch locations by engaging in top customer service, marketing,finances, and sales for company • Market target accounts and vendors to increase fleet growth and profitability while keeping track of profit and loss statements • Market existing accounts to increase referrals and retention, as well as identify target accounts in market to gain new business • Develop and train a sales team that maximizes profits,growth,and customer satisfaction • Effectively communicate, influence,and interact with customers and vendors to capitalize on fleet growth Store Manager May 2010—September 2010 Hihbett Sports Oakland Park,FL • Managed and enforced sales goals,KPI,IPS and RPS to maximize profits and growth • Interviewed,hired and trained new employees to ensure their understanding of daily processes and responsibilities in the store • Implemented strategies to ensure visuals and promotional displays were marketed while delivering excellent customer care • Processed merchandise and supply reorders while managing inventory to ensure top selling merchandise is marketed to the public Cashier/Warehouse Associate October 2007-April 2013 Gameday Merchandising, BB&T Center Sunrise, FL • Employed in BB&T Center involving retail sales of NHL Florida Panther merchandise • Manage Kiosk through daily observations while keeping warehouse manager up to date on inventory needed on sales floor to ensure top selling merchandise is marketed to the public • Train and supervise new staff to ensure their understanding of daily processes and responsibilities of the store as a whole • Market merchandise by setting up visuals and promotional displays while providing excellent customer care to a global clientele • Awarded bonus from the President of the Florida Panthers for selling most yearbooks out of the 30+staff in March 2008 Ticket Operations/Guest Relations January 2009—September 2009 Sun-Life Stadium Miami Gardens,FL • Assisted customers by selling tickets for sporting events, concerts,and community events under the TicketMaster ticketing system • Addressed concerns and fulfilled customers' inquiries at the Miami Dolphin home games by utilizing conflict resolution strategies to mediate the situation EDUCATION: Bachelor of Arts in Sports Administration with minors in May 2010 Communications,Religious Studies,and Marketing Miami, FL Saint Thomas University(S7'U) AWARDS/ACTIVITIES: 3/2009-7/2009: Internship with Town of Davie Human Resources Department SKILLS: • Languages: Native fluency in Spanish(read, write,and speak),knowledge in Italian _.. II i DAIMLER /.1 e1,r; f if\'• Common Guiding Principles at Daimler. Our Principles of Behaviour and u G ll*delines for Ethical Conduct. lay, Foreword. 3 Dear Employees, What does integrity mean at Daimler?What values should apply to our conduct and our dealings within the company and with business partners and customers? These and similar questions have been discussed in great detail as part of the Integrity Dialog initiative, which has run.since November 2011, spanning many months and all areas of the company across hierarchy, function and location. Following intensive discussions with managers, employees and employee repre- sentatives, the Board of Management has drawn up a new Integrity Code. This Code has been negotiated and agreed with the Group Works Council and the Management Representative Committee. The results of the company-wide involvement campaign for integrity have been taken into account in the new Code. The Code is thus based on shared values. It replaces the previous Integrity Code and is applicable throughout the entire Group. The Code accommodates the frequently expressed desire of employees for clear and transparent regulations regarding proper and responsible conduct. This makes it easier to deal with the rules contained therein. • Our mutual objective is to make integrity even more of a matter of course at Daimler. Through our own actions, each and every one of us can contribute to a shared corporate culture. ZMIAttAtk 4 1 t ►� Dieter Zetsche Wolfgang Bernhard Christine Hohmann-Dennhardt 3_,744 Wilfried Porth Andreas Renschler Hubertus Troska __ 44— CCioed Ca' Bodo Uebber Thomas Weber 6;A tern-171 9z--7-- Erich Klemm Heinrich Flegel T- ` e of Contents Table of Contents. 5 ..: b-7 1. A Commitment to Excellence. 2. Exercise Responsibility-Socially and Globally. 3. Integrity-a Top Priority. 4. Pulling in the Same Direction. 5. Rules for Support and Security. • _ it `.- .-+. { -•1. We protect Human Rights 8-9 and Obey the Law. 2. We Treat Each Other and our 10-13 Partners Fairly. 3. We Are Successful Together with 16-19 our Business Partners and Customers. 4. We Are Aware of our 20-22 Social Responsibility. 5. Complying with the Integrity Code. 23 6 1. Common Guiding Principles at Daimler. We also take our responsibility to conserve resour- The Daimler Group has been setting standards for ces seriously.This responsibility applies to the use of more than 125 years. The best or nothing!"-the goal human labour resources or the company's assets,as that Gottlieb Daimler once set for himself continues to well as the use of natural resources such as energy, be the benchmark for Daimler AG as a global automo- commodities or materials. bile manufacturer,and serves as encouragement and motivation for its employees.Together we want to We want our value creation processes to ensure that give our best,deliver the best and be the best in future generations are left with an intact ecological, every way:in terms of quality,technological stand- social and economic foundation for life.Environ- ards,and the design of our products,with regard to mentally sound production methods and sustainable our social responsibility,in dealing with others in the products should therefore be a signature feature of company,in cooperating with our business partners, the Daimler Group. assisting our customers,and in our business success. In everything we do,we are mindful of sustainability. We are aware that we as a company also bear respon- sibility for the common good.This means more than obeying the laws of the countries where we do business.Rather,we want to help improve the infra- A company such as Daimler that wants to assume and structure,social situations and quality of life wherever maintain a leading position must also take respon- we have entities.Our business activities and products sibility.That is the only way to achieve sustainable should serve the people's well-being and needs. long-term success. Companies like Daimler that operate on a global scale Daimler is committed to its social responsibility bear global responsibility.Therefore,we joined the based on the Global Compact.Daimler and interna- United Nations Global Compact as one of the founding tional labor representatives have agreed on the"Prin- members in 2000.In doing so,we have made a ciples of Social Responsibility"to meet the obligations commitment to preserve human rights in our business contained in the Global Compact. activities,to respect the rights of employees and their • representatives,to protect the environment and to This includes responsibility for our employees.Their prevent corruption. work and motivation are the decisive factors for the shared success of our company.Therefore,they must As-a member of the Lead Group of the Global Corn- be treated with dignity and respect by all managers pact,we also consider it our duty to actively ensure at Daimler,regardless of their duties or position within that not only we,but our business partners and the company, their gender,their religion,the color of customers also follow the principles of the Global their skin,their origin or sexual orientation.Everyone Compact.First and foremost that means fighting deserves respect. corruption worldwide in order to improve the poor social conditions which are a consequence of cor- Diversity is enriching.It enhances the quality of busi- ruption and enable fair competition.We are using our ness decisions through a broader spectrum of ideas, market position to take the lead in this area as well. points of view and abilities;and contributes to better We are convinced that it strengthens our good reputa- mutual understanding of the concerns of others.This tion in the world and ensures our sustained economic requires that we treat each other with tolerance, success. openness,trust and fairness.We expect our Board of Management,executive bodies and our managers to create a good working environment through exemplary behaviour,to be fair in their judgments and to have a sympathetic ear for the concerns of their staff.Our de- sire is to maintain a culture of trust and responsibility. Such a culture enables us to provide our employ- ees with adequate compensation in line with the concept of equal treatment.We ensure their health and occupational safety,support their professional advancement,and safeguard their basic rights on the job.We strive to create working conditions that promote a work-life balance.To these ends,we work together with employee representatives in a spirit of trust,abiding by the Principles of Social Responsibility that Daimler has agreed upon together with employee representatives throughout the Group. Common Guiding Principles at Daimler. 7 Passion,discipline,respect and integrity are the In order to provide assurance and gain the self-confi- values that serve as Daimler's guiding principles in dence necessary to make decisions even in dilemma the knowledge that economic excellence can only situations,the company must first agree on the prin- be permanently achieved if the company's actions are ciples of integrity that are meant to guide everyone. aligned with ethical principles that are accepted and An open dialog between managers,staff and their perceived to be fair.The assumption that communities representatives helps us to do so.Through this open of values are more successful at creating value in the dialog,we will reach an agreement on what consti- long run continues to hold true.We therefore strive to tutes corporate integrity so it can be expressed in do business fairly,in other words,with the best possi- rules and independent actions. ble results and in a decent,ethical manner. We have initiated this dialog throughout Daimler This philosophy requires adherence to applicable laws, and will continue to have such a dialog in the future. but also to internal company regulations.Such regula- The positive feedback from our workforce,including tions set the parameters for and define exactly what is managers at every level,regarding this process of desired,allowed or prohibited.Our rules establish the communication and understanding is encouraging. framework within which everyone in the company may There is considerable agreement that this kind of freely and confidently act on his/her own responsi- dialog promotes integrity and fairness in the work- bility.These rules must be in line with our corporate place,supports the responsible party in making values and,essentially,with our employees'concepts difficult decisions,contributes to better mutual under- of"decent"ethical behavior.Aligning these values is standing and deepens the spirit of trust during collabo- the only way to ensure that the resulting rules will be ration to the benefit of successful,ethical business. accepted and pursued with conviction.It is the only way to turn a"must do"into a"want to"on the part of the employees,and for integrity to become a standard ;r• _ practice in the workplace.Furthermore,to become This Integrity Code is based on the results and find- tangible,regulations must also be supported by ings of the dialog conducted thus far.According to most compliant behavior,particularly by our managers,who employees,mutual respect,personal appreciation, PP , are responsible for setting a consistent and credible taking responsibility for one's actions,fair,transparent example. and open behaviour,mutual trust and collegiality as well as clear,comprehensible regulations are the key Regulations,however,do not always provide sufficient factors for living with integrity in our company.These guidance,especially,for example,in situations where established principles of behaviour have,therefore, decisions require striking a difficult balance between been incorporated into this Code. conflicting interests.Rules often provide only abstract provisions without specific assistance on how to act The rules contained in the Code establish behavioural or what decision to make in individual cases.Although principles,assign rights and obligations,and establish we can rely chiefly on our own judgment of what is guidelines for conduct.The rules are applicable to all right and wrong,it is important for us to know whether employees of the Daimler Group,and are meant to cur inner compass agrees with what the company provide these employees with confidence and support expects and with what is ultimately applied to specific when they take action on the company's behalf. actions and decisions. Whenever the regulations are not helpful,employees should seek advice from their co-workers and/or their managers.Employees who have questions concerning ethical behaviour and integrity can also contact the Human Resources,Group Compliance and/or Legal departments for advice and assistance. , . • . •• • • • • _ . t- - . . . . • . . ,par! / g not ! - ni for ( "Respect for every person, regardless hierarchical level. „ • : . ens uiec 1 - - "Treat others as you wish to be treated yourself." Our Principles of Behaviour and Guidelines for Ethical Conduct. 9 il. Our Principles of Behaviour and Guidelines for-Ethical Conduct. As a company that does business worldwide, we at Daimler have a global responsibility. As a result, we have committed ourselves to the principles of the United Nations Global Compact. We place special emphasis on the following principles: - Protection of human rights - Protection of fundamental rights at work, in particular the freedom of association and the right to collective bargaining, the elimination of discrimination before and during employment and the rejection of forced labour and child labour - Sustained environmental protection - Fight against corruption. We are working to ensure that our company, as well as our . business partners and customers, follow these principles. Furthermore, we comply with international and local laws and provisions. Together, we ensure that everyone in the Daimler Group obeys the laws and regulations that apply to our work. �.:.-, i✓r.',� :s - ..: .. r,. .;.- . _<. -. — .. ry'.._ .514:.-r _ _ _ _ ... ,;;rt "Integrity is part of my personal set of values. I want to create a working environment that strengthens employees in this regard." "Integrity is trusting in the team." 'Aanager,Braz should lead by example." "Openness, transparency and honesty are the basis of all collaboration." oiee,An-mast._ rn "A good working atmosphere leads to success." Our Principles of Behaviour and Guidelines for Ethical Conduct. 11 '.i I—. _ °�r. , 4 a �1 „;'1 7 f•r L.i •�_."j Yl..... f-'-:.• r 'J .� de ..rd.. Each �.J,_I�. !^ ..�'._r 1 fj: t ! Ihf. When dealing with each other and third parties,we maintain an atmosphere of openness and tolerance,respect and politeness as well as fairness and trust. Every employee should be able to rely on everyone else respecting his or her dignity and personality at all times.We treat each other with respect. 7 A wide variety of ideas,viewpoints and skills improve the quality of our work,thereby en- suring long-term success.Our desire is to profit from the social,linguistic,cultural,and lifestyle diversity.We promote and respect this diversity.We,therefore,do not discrimi- nate against anyone and we treat all people equally,regardless of: - Ethnic decent,origin or nationality - Religion or ideology - Political or union affiliation - Gender or sexual orientation - Age - Disability - Medical condition - Race or color .mi i + ;I Every It is our shared duty to create a fair and friendly working environment.Such an environ- ment can only come to fruition if we respect every individual and are considerate of one another.We will,therefore,not tolerate statements or behavior that may lead to animosity or hostility towards our coworkers,business partners or customers. At Daimler,any form of intimidation or harassment is prohibited.Behavior of this kind will be vehemently opposed. Working together in a spirit of trust requires us to respect and protect the privacy of our employees,business partners and customers.This expectation of privacy applies to our conduct towards each other as well the use and processing of information.For this reason.we collect,process and use personal information only to the extent that laws, regulations and our internal policies allow. We store personal information securely and take the necessary precautions to prevent unauthorized use. 12 Acting responsibly takes responsible managers.We,therefore,expect our managers at all levels to live up to their duty to set an example by behaving ethically,to give employ- ees guidance,and to ensure a good working environment.Maintaining an open door policy with their staff enables the free exchange of ideas. Respect and mutual appreciation should be the hallmark of cooperation.That means that we allow different opinions,address problems openly and seek solutions together.This manifestation of mutual appreciation is the only way to develop an environment of trust, tolerance,and fairness. ',fi i r _t�-....`_ .: +Jc�� _.. �, The Daimler Group ensures occupational health and safety in the workplace.We obey the local and national regulations as minimum standards.We create motivational and inspirational working conditions.We want to create a working environment that allows our employees to reconcile work.,family and private life. We work together with all employees,their representatives and unions in a spirit of trust.We are committed to achieving the balance between the economic interests of the company and the interests of our employees.Even in cases of conflict,our goal remains to lay and preserve a firm foundation for constructive collaboration. We perform our duties with a high level of commitment,motivation and team spirit.We take responsibility for our own actions and work carefully and efficiently. We contribute our knowledge and skills to the success of the company.We undertake training and approach the challenges of the future with dedication and competence.The ideas and suggestions of all our employees bring us closer to success.We encourage • and support them.In everything we do,we work together in a friendly and considerate manner. • Our Principles of Behaviour and Guidelines for Ethical Conduct. 13 3L T rTt;r, We want to learn from our mistakes,but in order to learn from them,we first have to acknowledge them.It is desired and expected that mistakes and misconduct be pointed out.By making mistakes and misconduct transparent,we can all prevent harm to our employees and company. Employees who address or report mistakes and misconduct will not be subject to retaliation. Employees who have been accused of misconduct are also treated fairly. :i : ' _. ._ J. It is in our common interest to safeguard the property and assets of the Daimler Group. It is only natural for us to protect the company's assets,to handle them with care and not to use or embezzle them for our own inappropriate or unauthorized purposes.Depriving Daimler of financial and material assets through misappropriation or misuse is detrimen- tal to the company and harms us all. r: l Si a:i 1J' iif 1'21 Responsible collaboration requires decisions that are transparent and comprehensible. Only then will they find acceptance.Even when conducting checks,audits,and investiga- tions,we place high importance on transparency and treat those concerned fairly. We deal with misconduct consistently,applying balanced and comprehensible measures. When doing so,the Daimler Group observes the principle of proportionality.Therefore, • we examine each case to determine which consequences are suitable,necessary and appropriate. • n - , ‘ ,...,/ ui contribution to intepTitv. , 4 i Citt .-� C(,-"?Wet,Ice r ". ti 4i t J 1 MiNoSE � 13 •. SICHFRI4Grr MN tiCA)E VERTRAtieti r it e iiPti ..1... 6 MII 0 N a 1 Fos_ A. - vr 3 • ic§p t+tif`t 4 ir 'fie S 0L ARE ' ' ' iNr 0 e o t�� o o i GIs ` i r/ (ON A 46A t ,t• 4147•3y 15 • J. \ _ , - S .,..i -' I 41111 ! .• • 1Ti E. 4 ...:. /e rlc.a do r / V, LLJE. 1 ...... 71.<#..... 1 I ,n--e-- , \ is .. ,..,4:1= - E_ \\ // / .. ,.. ,- '',71,.f., ky. , . ,.„ ,., 5--7. \v t' ..,-,\, - .....; ° / I ( I ... .,""" ... . I • . t.. 1r y . 140111311.04;04 ,-. . At _ -il':1 "ril r4it% . 3: VO rke-41 . :14)r214 --- ..4-1,1 '1111111/1141 sow► �� T � Q1 ,:. 0.10, ,,-. h ,. .11 i . As part of the Integrity Dialog-initiative,we discussed throughout the group what integrity at Daimler means.Here are some of your colleagues'responses. "Trust: the basis for successful collaboration." "Fairness toward employees, suppliers and customers." Er^p,oyee,Development.Ger-any "Our customers and business partners see us as a benchmark for a fair company." "Treating each other fairly and honestly based on an internal moral code." ETa ayee.AG'^sn st:3t on Ge r, "We achieve our economic results always on the basis of integrity." Our Principles of Behaviour and Guidelines for Ethical Conduct. 17 •....i. I l� �K .+ �,...awl 4�.J{_�.J 7!:.:9 • Competition motivates and inspires excellence.Our goal is to do the best business with the best products in a decent manner.Accordingly,we treat our competitors fairly and cooperate with our business partners and customers respectfully and in a spirit of trust. These common principles form the basis for these relationships and are meant to guide our business transactions. Therefore,we select our direct business partners according to their adherence to the same principles that we have established for ourselves in this Code.In our business re- lations,we pay heed to the observance of these principles.We reject business partners and customers who violate human rights and workers'rights outlined in the"Principles of Social Responsibility at Daimler"as well as environmental protection or anti-corruption laws. We are committed to ensuring fair competition in our markets and to obeying applica- ble anti-trust and competition laws.We prohibit illegal agreements and coordinated behaviour that intends to or may limit competition.If we discover such agreements,we immediately terminate them and impose sanctions. In our global activities and when opening up new markets,we are also required to obey further laws and regulations.These include: - Foreign trade legislation,including export control regulations - Tax and customs duty laws - Money laundering laws - Anti-terrorism laws .JG ...'� :':lJt Di o1 s_ Confidential information,such as inventions,new products and vehicle designs,as well as the latest sales figures are valuable.After all,they ensure we stay ahead of the com- petition.For this reason,we treat every piece of secret business information as confiden- tial and do not share it without authorization. We treat confidential information belonging to our competitors,business partners and customers in the same manner. We do not do business at any cost.We only want to win contracts in a fair and legal man- ner.The Daimler Group does not tolerate unethical or corrupt behaviour by its employees or business partners and will-take action against it.Decisions based on corruption are immoral,distort competition,harm the company's assets and reputation and go against the common good. 18 We pay special attention to ethical behaviour in our contact with political parties,public authorities and their officials both at home and abroad.Under no conditions do we grant payments,favours or other monetary contributions to civil servants,public employees or employees of governmental organizations in order to win contracts or gain advantages for the Daimler Group or other individuals.We do not waiver,even when benefits are ex- pected or"common"for official duties.We also do not try to influence specific business dealings with private enterprises by making illegal payments. In our business dealings,we always pay special attention to avoid even the mere ap- pearance of an impropriety,such as an attempt to influence our business partners or customers. The Daimler Grou p p rovides information and co n ducts regular audits to ensure corrupt behaviour is exposed,stopped and punished. We want to use our market influence to lead the way in fighting corruption.We are convinced that fighting corruption strengthens our good reputation in the world and ensures us sustained economic success. The Daimler Group respects the personal interests and private lives of its employees. Personal and private financial interests are not allowed to influence business decisions, since they may conflict with business interests.Therefore,we avoid situations in which private or personal financial interests conflict with the interests of the Group or our business partners. In the event that such a conflict of interest arises,we disclose it and seek a solution with the respective manager in order to avoid any negative impact on the interests of the Daimler Group. Conflicts of interest may arise when employees,for example: - Accept,offer or grant gifts and invitations - Are members of the governing bodies of other companies,pursue activities"on the side"or invest in competitors In These Cases,our Behaviour Must be in Accordance with the Following Rules: As Daimler employees,we may not encourage,ask for,or demand gifts,benefits,invi- tations,personal services or favours for ourselves or others from business partners or customers. We refuse gifts,benefits or invitations from business partners and customers whenever their value may influence or appear to influence our decisions. We only accept discounts,rebates and other benefits offered to us by business partners if they are offered to all employees of the Daimler Group or its member companies. Voluntarily given promotional and occasional gifts by our business partners and custom- ers may only be accepted if of reasonable value and scope.To determine what is deemed reasonable a value of 50 euros serves as a reference. Our Principles of Behaviour and Guidelines for Ethical Conduct. 10 We only accept invitations from business partners and customers to meals or events if they are freely given,serve a business purpose,do not occur with excessive frequency, take place in the course of regular collaboration,and are appropriate for the purpose. If there is any doubt as to the appropriateness of gifts,benefits or invitations,we consult our managers. We disclose and document any gifts or benefits received if they exceed the reference value of 50 euros for gifts or benefits and 100 euros for invitations.Reporting require- ments according to applicable law remain unaffected. We also only give gifts and benefits to business partners and customers within appropri- ate limits and as part of our normal business conduct. If we extend an invitation to a business partner or customer,it must also be within appro- priate limits and must correspond with the occasion.We must not create an appearance of seeking to make a party dependent on us. Employees may only serve on the management board,supervisory board or advisory board of another company with the prior approval of the Board of Management of the Daimler Group. Before employees assume business activities"on the side"they must report them to their managers,who must then check for possible conflicts of interest.In the event of a conflict,the activity may be prohibited if in opposition to the company's justified interests. As employees of the Daimler Group,we are allowed to acquire and hold shares and investments in business partners or competitors under the following conditions: - We do so on a small scale - The possibility of a conflict of interest or the appearance of such is excluded. This rule may not be circumvented by having a third party hold the shares on the behalf of the employee. The Daimler Group promotes fair and sustainable securities trading.We,therefore,do our part to prevent insider trading.Illegal insider information concerning the Daimler Group can significantly influence the price of Daimler stocks and bonds and diminish investor confidence.Insider trading can negatively impact our stock market value and damage our reputation among the public. Knowledge that is not public and that employees gain in the performance of their duties is considered to be insider information.Insider information includes,for example,infor- mation about the following: - Financial results and changes to dividends - Mergers and acquisitions - Technical innovations and order status - Important changes to the leadership structure or in business relations. We treat these unpublished pieces of information as confidential,do not use them for private trading of securities and do not share them without authorization—not even to close friends and trusted family members. • Taking responsibility for regions and the people living there." "Every employee has the duty to deeply understand the meaning of integrity and convey the spirit of integrity to our customers and our dealers through our sincere service." Employee.Adm nist at 3n.Ch na "Long-term damage to the image is worse than not achieving targets in the short-term." g "We are part of the company and as such must accept our own share of responsibility." Our Principles of Behaviour and Guidelines for Ethical Conduct. 21 • 1i„ r As a worldwide leading company,the Daimler Group supports institutions,projects and events concerning education,science,art,culture,sports and social issues at its enti- ties,and views them as methods of creating social value.Additionally,the Daimler Group plays an active role in international disaster relief efforts. Daimler supports its employees'tremendous willingness to provide assistance e.g.by matching a portion of the employees'donations.One successful example is the ProCent initiative which supports non-profit projects at home and abroad. Volunteering is what holds society together.As a company that takes its responsibility towards society seriously,we encourage the volunteer activities of our employees— regardless of whether they support political democratic,social or charitable activities. Daimler employees have the right to freedom of expression.For opinions expressed at events,in public or in publicly accessible communication forums,we ensure that personal views are labelled as such.During public appearances on behalf of Daimler we are careful to ensure that our actions or statements do not cause harm to the Daimler Group or damage its good reputation. O. -'i'r:.I/ fir,. 0: �' .:f G s Our desire is to make the mobility of the future as safe as possible and to turn our vision of accident-free driving into reality.We,therefore,focus on top quality and constant quality improvements,as well as the use of innovations in our cars that raise their level of safety.Such innovations are essential to the growth and success of the Daimler Group. With new mobility concepts,we are taking into account the needs of sprawling metrop- olises to reduce environmental pollution and to ensure mobility.The steps we take to improve the environmental impact of our production and our products are published in an annual Sustainability Report,and we exchange information with those who follow our business,our stakeholders. 22 Our Principles of Behaviour and Guidelines for Ethical Conduct. all 3 As a company that does business worldwide,we are subject to varied political changes and decisions that affect our actions.Therefore,it is crucial for safeguarding the future of the Daimler Group that we represent our company's interests in an open dialog with governments,associations,organizations and social groups.In a similar fashion,we listen to their suggestions and take their interests into consideration. -FA 3 our When making donations and conducting sponsorship activities,we pay attention to trans- parency.We donate on a voluntary basis without demanding anything in return,and we adhere to applicable laws and local regulations. We use our sponsorship activities to affect our reputation and public perception in a positive manner. Donations and other contributions,sponsorship and other monetary benefits that are granted to political parties,candidates or individuals holding public office are only made with the approval of the Daimler Group's Board of Management. trar o*Deiro,,iour grad Cabd:thnes Far C:ndxt 23 .)t / {i Ir The Daimler Group expects the. members of its Board of Management, its executive bodies, its managers and its employees to obey this Integrity Code. All employees are required to familiarize themselves with its contents, know then and act in compliance with them. After all, it forms the foundation of our daily work. It is our managers' responsibility that all employees know and adhere to the Integrity Code. They are the first point of contact for questions and will sup- port their staff in behaving in accordance with our values. In addition to our managers, Human Resources, Legal and Group Compliance are available to provide support and assistance for questions concerning the Integrity Code. This Integrity Code cannot encompass the standards, procedures, and regula- tions for our Group in every detail.The specific policies, instructions, or regu- lations for individual cases which have been adopted by Daimler are binding. Business units, departments or individual entities with specific conditions may require additional regulations. These regulations are also binding. Violations of this Integrity Code and other Daimler policies and regulations may have consequences on the employment relationship and other legal impli- cations in accordance with the principle of proportionality. 'E.`yy.. "Doing the right thing, even when no one is g watching." "Integrity to me is a basic moral principle. Integrity tells me what to do and what not to do." Employee.Ad •nist at or "When integrity is firmly ingrained in us, it will further strengthen our work relationships and our sense of belonging.'' "Integrity requires us to take responsibility for our own actions." Employee.Administration,Ge^rany "Just being fair! Integrity felt like a burden in the beginning, now it' becoming more like a relief. Acting with integrity makes you feel proud and strong." • The quotes were collected as part of the"Integrity Dialog"initiative at events and in the Employee Portal.Since he feedback was sent largely anonymously,it is not possible to identify the contributors of individual statements. Last revised on November 1,2012.The current version can be found in the Enterprise Regulations Database in the Employee Portal. Daimler Brand Portfolio. Daimler Brand Portfolio. 27 Mercedes-Benz Cars c:9 Mercedes-Benz Daimler Trucks eDMercedes-Benz /AL FUSO WESTERN STAR' = • BHARATBENZ Mercedes-Benz Vans Mercedes-Benz Daimler Buses Mercedes-Benz s E u a t Daimler Financial Services Merced Benz Bank ;Mercedes Benz Financial Daimler Truck financial ;{. , .tom -"l-.' _ _ _ • • .�It II�3PI,Ge'°"3I3'4 DAIMLER 4 - Ethical Business. our Shared Responsibility. ra t'p is y tar.) — a 0 _ -0 '— C— 2 r ? c c U €2a • I I 7 A 1 I C 3 ; n U A 1 G: Aw p A C ✓ � O O C. n a O em. • w . G 1 1 ; s � p • s n V N _ • O C - .. .N. G n•W p C r �•O ¢ C y .0 m - m w.- 7 3 <.. a 7 2 o - S m r a • m E c m- c m r_ c ° o y N > 2.°=274 C q E y y O y 3 L 5 Z..°=7�` fi F 5 a ,� - 2 0 C p Q m m m . m F G - C m Q 2 a. V R a'- >m I ¢ Y.0 7• y s - to a c u 2 r a c ai r o'a E o o c c m m G O N m m c p O U_o f S m ?' 0 2 7 i5 A L m o f v m 0 C rm o c i m a o i. Cw m.o p N-. 3 4 y R D 'a l y Cm ', C . a4 = 3 m v 55. 5 v c m Q T O mm _ m y.c c C- a E y C E 1. i Y ?. 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Q o ccz i Q) µ ..1 Q y C U h— C U 1U U C • cu .0 > (D p > i _ �J j C3 Q `� J C O- 4j U 0_ w .-- a) _ U i •� Cti CIO .= . u. -0 0 0 > cD 4...,.. r ., N _ Z U0 .--.... V < All, IO fn .412 114 Si iy, ii 1 E a ... . 1 ._. ..1 .. . es- <--• . ..., .. _ — = 52 h 311 t 6 = = .1, a L. 6. X 2 X i al it !I al ..... 5 = = S .?. ii at 2) . ...i 1 ,..; i a 0 0 0 e A\I,AMIBEACH 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. TAB 1 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. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience 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. 2.3 Financial Capacity. Each Proposer snail 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 DO at: https:Ilsupplierportal.dnb.comiwebapp/wcs lstoreslservletiSupolierPortai?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. Ti J 2014-277-SW Car Sharing Services 1 a 983 ; • • �i. _ r •-J - 1 _ _ • N • • - Y- _ .. • • • • • • ar Litigation History s Case-r":;- yQe- e'Vt en q ., _ :' , ''' a ' 11 4rig Zmeskai v.car2go NA,LLC Worker's compensation Minnesota Worker's Compensation Division n/a Pending Aderhold v.car2go NA,LLC Alleged TCPA violation United States Court of Appeals for the Ninth Circuit 14-35208 Pending Laid v.car2go NA,LLC et al. Personal injury Oregon Circuit Court,Multnomah County 14-CV-07198 Pending United Automobile Inc.Co.v. car2go NA,LLC et al. Personal injury County Court for Miami-Dade County,Florida 13-5473-SP-23 Dismissed Ducket v.car2go NA,LLC Personal injury District Court for Prince George's County,Maryland 50200320182013 Settled Reinoso v.Dago et al. Personal injury District Circuit Court for Miami-Dade County, Florida 13-2014-CA-01 Pending Ghadimi v.car2go NA,LLC Personal injury District Circuit Court for Miami-Dade County,Florida 14-8528-CA-06 Pending . • ,. - - - • 4 • • N -•P • • • i �_—......,40 CAR2NAL-01 TOCA ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDD/YYYY) `--.----- 8/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to 1 the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (21 2)488-0200 CONTACT Carol Toto Frenkel&Company PHONE ---_— — rn-- 350 Hudson Street,4th Floor (A/C.No,Ext):212 488-0452 ox,No):212 488-1802 E-MAIL New York,NY 10014 ADDRESS:ctoto@frenkel.corn _ _ INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Allianz Global Risks US Insurance Co A 35300 INSURED car2go NA,LLC INSURER B The Ins Co of The State of PA _ 19429 1717 West 6th Street,Suite 425 INSURER C: Austin,TX 78703 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS'.O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR r " - ADDS UB P F OLICY EF POLICY EXP LTR I TYPE OF INSURANCE 'INSR I WVD POLICY NUMBER ,(MMiDD/YYYY)'(MM/DDFYYYY) LIMBS G ENERAL LIABILTY EACH OCCURRENCE $ 1,000,0001 I A I X 1 COMMERCIAL GENERAL LIABILITY s CGL2005081 7/1/2014 7/1/2015 DATIAGc TO RENTED' PREMISES ISES_(Ea occurrence) I S _ 17000,000 i 1 CLAIMS-MADE A. OCCUR r , MED EXP(Any one person) '$ 5,000 1---4 PERSONAL&ADV INJURY :$ 1,000,000 _-i I ,GENERAL AGGREGATE ,s 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: I 1 PRODUCTS-COMP/OP AGO $ X POLICY! ECT !LOC $ -~ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • (Ea accident) _ _- $ ANY AUTO i BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) $ AUTOS I AUTOS NON-OWNED PROPERTY DAMAGE AUTOS `(PER ACCIDENT)_ $ HIRED AUTOS t i ;S X UMBRELLA UAB X OCCUR EACH OCCURRENCE 'S 1,000,000 A I EXCESS LIAB CLAIMS_MADE! X X ULA 2005082 ; 7/1/2014 ; 7/1/2015 AGGREGATE __._-_..._.'$__..----- 1,000,000 DED RETENTION S ! Products/Comp Ops s 1,000,000 !WORKERS COMPENSATION i v I Y TIN U- _10T ^___ AND EMPLOYERS'LIABILITY Y,N i -- . B ANY PER MEMT•OF'vPARTNERrEXECUTIVE 7-1- i N r A X WCO29901516 7/1/2014 7/1/2015 _E.L.EACH ACCIDENT ECEDA EMPLOYEE 1,000 1,000,000 OFFICERNEMBER EXCLUDED" (Mandatory in NH) I _ _ _ S 1,000,000 If yes,describe under • DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 . j DESCRIPTION OF OPERATIONS,'LOCATIONS r VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Miami Beach is included as additional insured under the General Liability and Umbrella Liability Policies. Waiver of Subrogation applies under the above policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center Drive,3rd Floor ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach, FL 33139- AUTHORIZED REPRESENTATIVE - 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Certificate of Liability Insurance This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend, extend or alter the coverage afforded by the policies below. Date:I_ 811/14 Producer 7155 Phone: (480)650–9978 Company(s)Affording Coverage __- Tony DeBoor Insurer A Empire Fire and Marine Insurance Co. 1265 W.Mountain View Dr, 13810 FNB Parkway Mesa,AZ 85201 Omaha,Nebraska 68154 Insurer B Insured car2go,N.A.,LLC 1717 W.61"Street,Suite 425 Insurer C Austin,TX 78703 COVERAGES The policies of insurance listed below have been issued to the insured named above for the policy period indicated.Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate may be issued or may pertain the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies.Aggregate limits shown may have been reduced by paid claims. CC i Type of insurance Policy ! Policy Effective Policy Expiration Limits LTR 1 _ Number Date(mmlddlyy) Date(mmlddlyy) Each Occurrence i$ General .Liability Fire Damage(any one fire)❑Comm.General Liability 0 Claims Made❑Occur I Med Exp(Any one person) S I ;Personal Adv Inju S ❑ i i General Aq.re.ate S Gen'i Agg Limit Applies Per: !Products–Comp/Op Agq - S – :0 Policy❑Project❑Lac _�__ --.– Auto Only -Ea Accident S Garage Liability -- ❑Any Auto Bodily Injury(Per person)_ S ❑ I _Bodily Injury(Per accident I S i !Property Damage(Per acct S Other than Ea Accident S _ }Auto only Ag.re ate S A ;Automobile Liability Combined Single Limit S ❑Any Auto (Ea accident) ®All Owned Autos Bodily Injury(Per person) !$25.000 Z Scheduled Autos I SF 104530 10/1/13 1011/14 Bodily Injury(Per accident) IS50.000 0 Hired Autos `Property Damage(Per acc) IS25.000 IS Non-Owned Autos S aI --- - -- ;Auto Physical Damage Scheduled Vehicles r Deductible Deductible l ❑Collision S i❑Collision S _ — ,❑Actual Cash Value i S ❑Spec.Causes S ________ i❑Spec.Causes S __- _ I Stated Amount S i❑Comprehensive $ _ ❑Comprehensive $ •❑ Other S 10 Fire&Theft $ _❑Fire& Theft $ 0 Catastrophe $ ❑Catastrophe S ____ A Excess Liability ____ !Each Occurrence ;S5.000.000 `®Occur ❑Claims Made SX 104532 10/1/13 10/1;14 Aggregate h_fsn/a 1 ❑Deductible S 1❑Retention S __ _ l; Workers Compensation 8 { R WC Statutory Limits Employers Liability I E.L.Each Accident j5 f E.L.Disease–Ea Employee I S Other 4 E. Disease-Polity Limit S _ _, -----_ ._ L.1 S I ► S DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Miami Beach in included as an additional insured under the above captioned automobile insurance liability policy.A waiver of subrogation applies under the above captioned policy. CERTIFICATE HOLDER CANCELLATION And Additional Insured. Should any of the above described policies be canceled before the expiration date thereof,the issuing company will endeavor to mail City of Miami Beach 30 days written notice to the certificate hold-r named to the left.but 1700 Convention Center Drive. Floor failure to mail such tkotice shall impose n, oagation or liability of any kind Miami Beach,FL 33139 upon the comp<its -. • s or re.A ntativ:. /Authorize Rep.4 ve ',y iAM\, a-� -. Anthony K DeBoor EM 15 33(11-01) 0 �.�_._ .... :.,.. a....e.....�.v:.:. T x N_:.f..are.'Y -�.'. 1�� .,e,d •M+�.�.y - s ...� M �.�..K2 fi*e.!'I id, .-.. ... ..... • • • • • • car2go Responses to ITN 2014-277-SW APPENDIX C 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. car2go has offered its unique one-way car sharing service in North America since 2010. In just 4 years, car2go has grown to include 15 North American cities (Seattle; Portland, Oregon; San Diego; South Bay, Los Angeles; Minneapolis and St. Paul, Minnesota; Columbus, Ohio; Denver; Austin, TX; Miami; Washington, DC; Vancouver; Calgary, Toronto and Montreal) with more than 315,000 members and 5,000 vehicles on the street. car2go is also available in 12 European cities, for a total of 27 cities world-wide. car2go is able to bring several hundred vehicles to a city's streets without any subsidy from the municipality, providing residents and visitors with an entirely new transportation system. For example, in Seattle and Washington, DC, 500 car2go vehicles are available for use, while in Miami, 300 vehicles are available on street for members to use. North American car2go members have access to car2go vehicles in any N.A. city and many members use the service as an alternative to car ownership and car rentals. car2go is no stranger to the Miami area, launching service in the city of Miami in July 2012. With more than 21,000 members, car2go has become an ingrained component of the transportation landscape in the city. car2go recently reached an arrangement with the Miami Parking Authority(MPA)that will allow us to continue offering service in the city of Miami until at least 2017. With an established presence in Miami already, including 20 full-time and part-time employees, a local office in the heart of the city of Miami and 2+years of service, car2go will be able to launch operations in the city of Miami Beach immediately. Currently, car2go provides 20 private parking spaces to members in Miami Beach at lots located at 500 Collins Avenue and 1691 Michigan Avenue. 1 car2go Responses to ITN 2014-277-SW These lots have proved to be in high-demand among our members and we have added spaces in some of the lots to keep up with utilization. We are very excited about being able to extend on-street parking access to our membership base, who have repeatedly asked us about this possibility. 2) Fleet size,vehicle types, costs, maintenance and operations. car2go is proposing to bring 100 smart fortwos to Miami Beach. All vehicles are decaled and easily identifiable as car2go vehicles. The conventional smart fortwo is one of the most economical cars on U.S. roads today, achieving an average of 34/38 miles to the gallon(city/highway), according to the United States Department of Energy. In addition, the vehicle already exceeds the 2016 corporate average fuel economy (CAFE) standards and is classified as an ultra-low emissions vehicle by the California Air Resources Board (CARB). A photograph of a car2go vehicle is shown below: r � t,1 !. :° p w.--�-. ` • ` i '.Qr k+ �+ V r to r '. .4' ,"y `. `ice I ,T - "'.., t�' r ,. ,.. . . /- - -''-.-:'-'—' ' : '...- '4": ' .LS. .-__s_,Ae. c /it -:•hr. .1 V: ` j... {{(p,,� \ I 11 .. - , . opk. i....,____ ..,a(ds 0 G , . ': irk ,:',.,---. 1 N - i --- :.,-A f.w �,. . -r..w�e- -,,,,,,y.,....., 2 car2go Responses to ITN 2014-277-SW car2go members would be able to begin and end rentals in either the city of Miami or Miami Beach, making this a true regional car sharing system. car2go's fleet teams would work to maintain an appropriate balance of vehicles between the two jurisdictions, much like we do in the cities of Minneapolis and St. Paul, Minnesota, where members can begin and end rentals in both jurisdictions. car2go members would be able to park at metered spaces in Miami Beach without having to feed them and also be able to park in any residential permit area. car2go would come to an agreement with the city of Miami Beach for foregone meter revenue and access to residential permit areas. car2go fully covers the capital and ongoing operations and maintenance costs to operate our service. car2go is not requesting any initial or ongoing financial assistance from the city of Miami Beach to launch our one-way car sharing model. car2go currently operates in the city of Miami and envisions managing the Miami Beach fleet from our current office location at 2935 Biscayne Blvd, Miami, FL 33 137. car2go will also hire additional full-time fleet members(beyond the 2 full- time Daimler and 8 full-time contract employees) to ensure the safety, reliability and convenience of our service in both jurisdictions. 3) Membership characteristics and demographics usage patterns. At the end of 2014, car2go is expected to be the world's largest carsharing company, with more than 1 million members and more than 10,000 vehicles on the road. In Miami alone, car2go has more than 21,000 members. In Miami, approximately 70 percent of our members are between the ages of 25 and 50. The remaining balance is split between the age groups of 18—25 and 50+. A typical active member uses a car2go vehicle 1 —3 times per week, for an average of 25-40 minutes. The vast majority of trips are one-way trips, where a member starts the trip and ends the trip in a different location within the home area. In addition, with access to car2go: o 35%of members use their private vehicles less often 3 car2go Responses to ITN 2014-277-SW o 8% of members use public transportation more often o 6% of members bike more often o 14%of members walk more often o 31%of members use public transportation and car2go in combination on a daily basis o 58%of members have purchased a weekly or monthly transit pass o 42%of members have sold or reconsidered buying/leasing a private vehicle o 88% of the membership does not use the other" traditional carsharing" models in Miami 4) Ancillary services provided, if any car2go is the starting point for the types of transportation offerings Daimler Mobility Services envisions providing our members. As new types of services become available, car2go members will have access to these cutting-edge mobility options. 5) Member screening and member management criteria Individuals become car2go members by completing our online enrollment process at � ww.ccar2go_cor z. Members must have a valid driver's license and be at least 18 years of age, have a valid Visa or Master Card and agree to the Terms and Conditions and Trip Process. Prior to an individual becoming a member, car2go will conduct a driving background check, ensuring that the individual does not have a reckless driving conviction within the last 36 months, convictions for driving under the influence, driving while intoxicated,or driving while impaired within the past 36 months, or a conviction for possession of a stolen vehicle, or unauthorized use of a vehicle, or the use of a vehicle in the commission of a crime in the past 36 months. After an individual has passed their driving background check and has become a member, car2go will continue to monitor their driving histories, conducting annual reviews of their driving record. 6) Deposits, fees, billing and accounting requirements Members are billed based on the time the vehicle is used. After a one-time registration fee that covers the costs of qualifying a member for membership with car2go, rates are calculated to increments as low as the minute. Members are not required to make any advance deposits or payments to car2go. Additionally, there are no monthly or annual membership fees. Members simply pay for the amount of time that they use the vehicle. A detailed breakdown of the rate structure is below: 4 car2go Responses to ITN 2014-277-SW Initial Registration Fee $35.00 plus tax T Per minute $0.41 plus tax T Per hour maximum $14.99 plus tax r Per day maximum $84.99 plus tax Per mile after 150-mile (per Trip) $0.45 plus tax There is an additional tax levied by the State of Florida at $2.00 per 24 hour period when a car2go vehicle is used. This is charged to members prior to the calculation of local sales taxes. Additional fees and penalties may be charged based on member non-compliance with car2go rules for vehicle operation. An updated scheduled of these fees can always be found on our web-site at www.car2.o.com. As part of the registration process, members are required to provide a valid Master Card or Visa credit card or debit card. All charges for the car2go service will be posted automatically to this account. 7) Locations of vehicles and parking arrangements car2go does not rely on dedicated parking locations for our fleet; instead car2go features a free-floating system that allows a member to park at any authorized parking location within the Home Area. car2go is proposing to allow members to be able to park at any metered spaces(w/o having to feed them) and in any residential permit area in Miami Beach. car2go will compensate the city of Miami Beach for this privilege. car2go is also interested in partnering with the city of Miami Beach on being able to provide 25 off-street parking spaces for members as well. Similar to our arrangement in Minneapolis and St. Paul, Minnesota, car2go members would be able to pick up a vehicle in Miami Beach and drop it off in the city of Miami. car2go fleet members would work to ensure a balance of 100 vehicles in Miami Beach and 300 in Miami throughout each day. A map of the proposed Home Area for Miami and Miami Beach is below: 5 cargo Responses to ITN 2014-277-SW f.:„...4.5**,.lic'' '`,'"rt7',,".1"-.'7.---'7•'',. ,....,"4,..-!4••'•:•,011-C;_,•-..-...,1'!'...: Z..- ',.;•1 •.-. '- ' . , '7?:: ...''";, c'th',-:,•1 14 . ': . .:.:',, .'4F:';'''' 1."1'4e ' - '. '''''': '7',- •e:-' N A '6' ,g 1 ''' i i, ' p ',-,-,-..,=•:i I,— ., ,I,-ft ,,-ii. ,:.- , --r-- ,---* ..,-,: • - ---. 1 ..,' i,,'-'1, "1 i .' -',.=3 i'"i ,2—, .--'-i.r.A. ..:..,,,..ii'A -i-, ,-1-,,,-'-'.',,-.-- -'_.:'• '''..4-At-,;44?-11if•-tri--;,',..:.'-•:; • . :•,, s.,-127.5.1), ?,:-..,=,.s x.,,,.,.., , . 1 • • . .. . . -----.-:i-!Ai • ...r.„..00.,, , . . . . . , ..„.,... ,. i .w.,.4•, Air I1 . .0? • ' . •fiiP i ..., 1 •;1 . - _ ..•••••••• .,--•• i,:_ , At,. i I 4 11 __. *iii !II 1 . , ilialt1111 c-1-- Aginti,,§1111),11,,,siti _,.. ;1111111'u fraimivinZEI."'---.1-!1111.tiP1414-411411illing fa ' IMP „....usideamielassoiskizidow... apa imilikai 40/ ,,tioniiwasmoilimi_ 0.1114 a...AMU . 1 AMIIIMIPillnigibiliPOIN111111_11-1.41r4F it ,',. .11111.11..- Ai M 111114411r" ,„ =cm puircumigilli 'i . -49, 111001 1.110.),11#\A4(e'' - pgr ,,l0Pr`t_ At40.f , -001110_, .7, dill" c..:::I MT, r:;:;3P:_.,..c: .•:.'i;i-,,;:i,,,•,; "it,,,,...;--,,,,F4;:r 1 ,,,,,..,3, ,.7-^-,:-..;..":.'•.,.,:.:7'..'•:..1•:..;.. :L.';-.::=,.:.:,,. 1 ',.-`,;:- •.-, ':;,i :-, : ..'. ',:, '• .".,-, ;;;::-', ;,-.;-,7,i 1;',::: 6 car2go Responses to ITN 2014-277-SW 8) Mobility partners and information In the Miami-area, car2go has a contractual relationship with the Miami Parking car2go p Parking Authority, which oversees on-street parking in the city of Miami. The MPA provides us with a permit to operate our one-way car sharing program, allowing members to park at metered spaces without having to feed them and park in residential permit areas. We meet with the MPA on a quarterly basis, sharing membership and usage information, and provide updates on program successes. In addition, car2go has a relationship with the Florida Department of Transportation's South Florida Commuter Services program, in which they offer members 480 subsidized minutes to use car2go. Access to car2go helps to fill in transit gaps that may preclude residents from taking public transportation. Finally,DecoBike, Miami Beach's bike sharing service, offers car2go members a$30 discount on annual memberships. DecoBike members are offered a free car2go membership, as well as 30 free minutes of drive time. 9) Usage policies for members The full agreement that governs the relationship between car2go and our members can be found in our Terms and Conditions and Trip Process. Those documents can be found in their entirety and current version on our website at kti s:/'`,1,�•v .car go.00mi en?/mami pri ac`-policy/ In general members are required to adhere to the following rules: o Obey the rules of the road and abide by all laws o Abide by the parking rules and guidelines established by car2go o Operate the vehicle in a responsible manner o Leave the vehicle in a clean and orderly condition 10) Vehicle and organization insurance, including the type, limits and exclusions of insurance to be provided with regard to the car share fleet and liability associated with use/ownership. car2go provides primary liability insurance for active car2go members while they are driving a car2go vehicle. The coverage is as follows: 7 car2go Responses to ITN 2014-277-SW Coverage Limit per Occurrence Liability for bodily injury per person $100,000 Liability for bodily injury per accident $300,000 Liability for physical damage to others' property $50,000 Person injury protection $10,000 Full collision and comprehensive coverage for Member responsible for$1000 car2go vehicle deductible Insurance considerations can be found in section 12 and 13 in car2go's Terms and Conditions. These rules and regulations may be updated by car2go periodically. Additionally, car2go maintains the following coverage: o Workers compensation: $1,000,000 o General Liability: $1,000,000 o Automobile Liability: $5,000,000 o Umbrella $5,000,000 Certificates will be issued upon request and will name the City of Miami Beach as additional insured as requested. 2. Technical Plan:Proposers should provide a detailed technical plan and may include any additional information and%r services 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. car2go technology allows vehicles to be accessed on the spot or reserved for up to 30 minutes in advance. Members can reserve a car at any time; 24 hours a day, 7 days a week. Trips are open-ended, which does not require the member to return the car at a required time. One option for accessing a vehicle is through car2go's website. The car2go website also gives potential and existing members the complete ability to register and-manage their personal information for their account. Members can find records of all their drives, review and print copies of invoices and receipts, view the most current rates 8 car2go Responses to ITN 2014-277-SW and fees, and find and reserve vehicles. An example of the website vehicle finder for the city of Miami is below: 9 I f' - 3' ECG `' _ y�'�c _:_ i ��.- 0-,-:,, Fes. - ! { ��,i Aami.. L.._..-= j---------,- l'- . "` "k : G ce a+r.- .i :Cn:r+r.. 4,,,`r`f Vrt_ a d 'Tyi- 5. ....'ri_.'.may•,��w3.. :J.=i=T.T.: In addition to the car2go website, car2go has free available mobile applications for most mobile phone platforms. There are several iPhone, Android and mobile web- applications that provide members the ability to find and reserve cars. An example of what the Miami Beach iPhone application would look like can be seen below: 9 car2go Responses to fIN 2014-277-SW • - cv07{' _ ,.■■• I AV1 .11 16t.'n = •907u = Ci 1 1 th St Am') 90-7„..‘i • -4,', 41' Members are able to make reservations on their mobile device or on our Web site 30 minutes in advance of using a vehicle. Members are not required to return the vehicle at a specific time. car2go's proprietary telematics solution allows for access to the vehicle using an UM-enabled smart card. In the future car2go will allow for access to the vehicles using the member's smart phone and the car2go application. An example of the current trip process is shown below: 10 car2go Responses to ITN 2014-277-SW A ,.�c.`'� ..%.i � .J� `-h sir •S^. � �.a • .�. - .'.--.:sue_ e , ,`•'+1 2) Mobile application and capability to interface, including communication and transmission of data,with the City's existing parking (or other) mobile application As mentioned above, there are several different types of mobile applications members can use to identify and reserve a car2go vehicle. car2go also has a relationship with a third-party company that can work with a pay-by-cell parking provider to create a platform that will allow for dialogue between our back end systems alerting the cell parking provider of when and how long a vehicle is parked at a specific space. In addition, in cities such as Washington DC, members can also see where the nearest available taxi is using our app and by checking on the"my taxi" functionality. Members can reserve a taxi vehicle by using the car2go application. 11 car2go Responses to ITN 2014-277-SW ao®®o Verson 3G 4:38 PEA- = jf "s' 130 ff ?` 4 110 ma ArR.a .. r Z a J. Gas st a +;, - u k In some car2go cities, members also have access to the use of private parking garages and lots. On our mobile application and Web site, members can see how many car2go vehicles are available for use, as well as the number of spaces that are available. Below is a snapshot of private parking options available to car2go members on Miami Beach. • 12 car2go Responses to ITN 2014-277-SW 00000 Verizon 3G 4:42 PM 7 :�> • • In addition, car2go's parent company, Daimler, is working on a one-stop transportation application called Moovel that will allow users to find the nearest car2go vehicle, taxi cab, transit line or bikeshare station. Daimler is working to bring this application to the U.S. in the coming months. 3) Shared access to all program-related data in a format that suits the City in "real time." In each city we operate in, car2go meets regularly with city officials to discuss the progress of our service, as well as performance highlights. car2go is more than happy to meet with city of Miami Beach officials on a quarterly basis and share membership, ridership and utilization statistics. In addition, city officials can visit our Web site to see where vehicles are located and how many are available for use. 13 car2go Responses to ITN 2014-277-SW 4) Technical support plan, including but not limited to a local presence capable of handling responses within 30 minutes,website,etc. car2go will have two-fill time member associates to answer member phone calls, emails and handle all member correspondence. Emails are answered 24 hours after receipt during the business week. In addition, car2go will have two full-time fleet associates and 8-10 full-time fleet contractors to manage the fleet and assist members with any vehicle-related issues. Members can also call our call center (1.877.488.4224)24 hours a day/7 days-a-week, 365 days a year for additional support. Each vehicle is also equipped with an"SOS" button that allows a member to be put directly in touch with our call center at the touch of the button in the event of an emergency. 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. car2go prides itself on becoming part of the social fabric of each community that we serve. car2go participates in major community events, including street fairs, parades, charity giveaways and conferences. We are fully committed to participating in major Miami Beach events and partnering with the city on bolstering our outreach and education efforts. In 2014 alone, we have sponsored or participated in over 14 events supporting the Miami and Miami Beach community. They include: • Wynwood Life • Aqua Girl • Artopia • Carnival Miami Run • Miami Beach Gay Pride • Fire on the Fourth (July 4t') Events • Iron Fork • SEED • Taste of the Nation at the Loews Hotel • Palette Miami • Lotus House Ride for Charity • Miami Int'l Film Festival • Miami New Construction Show • Columbian Festival at Sun Life Stadium 14 car2go Responses to ITN 2014-277-SW ® Downtown Development Authority's Art Days In addition, car2go has secured partnerships with multiple Miami-based businesses, organizations and associations. Some of these include e Greater Miami Visitor and Conventions Bureau • Miami Beach Gay and Lesbian Chamber of Commerce • Downtown Development Authority • Deco Bike e Adrienne Arsht Center of the Performing Arts O Downtown Miami Partnership • Miami Dade County Parks and Recreations Department • Dream in Green • Concierge Association • North Miami Chamber of Commerce • Latin Chamber of Commerce • Greater Miami and the Beaches Hotels Association • Omni Park West Redevelopment Association • Miami Downtown Development Authority • Grand Central Park • Perez Art Museum • Pridelines Youth Services • Southeast Financial Center Downtown • South Florida Club Sports • Shops at Midtown • Simon Malls • Kind • Honest Tea • VitaCoco • Radio Caracol • WKIS —WPOW- WQAM • NewgardiCentro • Cocowalk • Brickell Run Club • Bayfront Park • Viernes Culturales • Miami New Times • Aqua Foundation • MindfulCity • Kiwanis Club of Little Havana, Inc. 15 car2go Responses to ITN 2014-277-SW • South Florida Commuter Services part of the Florida Department of Transportation I i _ a '','T',.. 4 i it', S i _ ' • / a # ... .1 '''" IA:: iii XM Team at Community Events ' p iii ef '._,`� -fin'� j�t 1 -1112....W‘—: � -J `'�i� . `fin . ` ' ^,,s•'b . lit.... MI 1/4.‘. Cl. Great Ice Cream Crawl w/Adrienne Arsht Center For Miami Beach, car2go will blanket the city with our Experiential Marketing(XM) teams to speak with and educate residents at major destination centers/events/locations on how the service works and how it can be beneficial to their lives. We will offer free memberships and 30 minutes of free drive time to new members so that they can use our service and become comfortable with it. For our launch, we will partner with a local restaurant, offering free meals to residents who sign-up for a car2go membership. We will have staff on hand to conduct test- drives, provide free give-aways and allow members to participate in a number of car2go-themed games(wheel-spin for free minutes, park-to-win, etc.) We will work with major residential complexes to allow us to conduct meet-and- greets with residents and potentially work with landlords on private parking space arrangements specifically for car2go for their tenants. 16 car2go Responses to ITN 2014-277-SW car2go will also work with Miami Beach-based businesses and offer corporate discounts, conduct lunch-and-learns with employees and work on cross-promotional activities that allow us to engage employees who live, work, and play in the Miami region. We are looking forward to work with the KNR Group, the Miami Beach restaurant group partnership, to provide discounts and incentives to our members at participating restaurants. We currently have a partnership with Quattro restaurant on Lincoln Road that offers members a 30% discount on their bill. In addition, car2go will work with the Greater Miami Visitor and Conventions Bureau, along with the Concierge Association, to reach out to Miami Beach hotels and educate staff on car2go and how they can offer it as a transportation option to their guests. We will also provide incentives for guests to use car2go while they travel around the Beach. Finally, car2go will have a significant presence at Miami Beach events, including the ING Marathon, Fashion Week, the Winter Music Conference, Art Basel and the Miami Beach Gay Pride event. 2) Funding source for the development, implementation and management/operation of the program car2go will cover the costs of all of our marketing efforts, including staff, advertising, events and partnerships. car2go looks forward to working with the City of Miami Beach on joint-marketing efforts and working together on opportunities to promote car sharing on the Beach. 3) User fees car2go's one-time membership fee of$35 will be waived for an initial period for new Miami Beach members and we will also offer 30-free minutes of drive time. car2go is unique amongst other car sharing operators in that there are no annual fees and members are charged by the minute. The user fee structure is outlined below: Initial Registration Fee $35.00 plus tax Per minute $0.41 plus tax Per hour maximum $14.99 plus tax Per day maximum $84.99 plus tax • 17 • car2go Responses to ITN 2014-277-SW Per mile after 150-mile(per Trip) $0.45 plus tax 4) Corporate discounts and incentives for frequent users and/or special events. car2go will work with Miami Beach-based employers on establishing corporate accounts for their employees. car2go will waive the $35 registration fee for medium to large-scale employers and will hold new member orientation sessions to educate companies on how the service works and how they can use it during the day. Besides the car2go launch event, car2go will hold member appreciation events throughout the year, offering members the ability to meet with car2go employees, meet other members and allow us to thank them for being part of our community. The Miami location has held weekly office-hours for members, where they can come in, bring a friend who isn't a member and receive special incentives for their referral. This is something we would look to continue to do once Miami Beach operations have launched. car2go also engages in member delight-and-surprises, where we surprise a member with a gift-card, free meal to a local restaurant or benefit that allows us to show our "thanks" to them for being a member of our community. 5) Monitoring/auditing features to ensure compliance with the parameters of the program and financial return to the City car2go is willing to meet with City of Miami Beach officials on a monthly or quarterly basis to share information on the success of the program, including membership and utilization information. We are also happy to meet with any public/private partners that the City believes would be important to establish a relationship with. In addition, car2go will actively work to maintain the appropriate number of vehicles between Miami and Miami Beach, will educate our membership base on the"do's and dont's of where to/where not to park and will compensate the city accordingly for access to metered and residential permit space. 18 "REVISED" ITN 2014477-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 II 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 I I 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 1(A)On-Street User Fees(15 maximum points) Weight(%) Cost Weighted Cost One time sign-up 5 X V-3- _ $ 1, 7.S Annual Membership 5 X v = $ 0. c�CJ Per Minute Charge 70 X o y i = $ 0 , a' _ Per Hour Charge 10 X i . c( _ $ I q-ct Per Day Charge 10 X `(.6161 = $ . Total Weighted Cost: $ 1 & 0 a Group I(B)On-Street Financial Return to the City(25 maximum points) Monthly per parking space Revenue (Estimate:100 spaces) $ 7 5 00 Group II(A)Off-Street User Fees(15 maximum points) Weight(%) Cost Weighted Cost One time sign-up 5 X _ $ l.7 c Annual Membership 5 X O_ = $ o c 0 Per Minute Charge 70 X = $ Q. ac( Per Hour Charge 10 X i •._61 = $ l . 6 Per Day Charge 10 X `1°I, = $ `c . 441 Total Weighted Cost: $ l _ 0 Group II(B)Off-Street Financial Return to the City(25 maximum points) Monthly per parking space Revenue (Estimate:100 spaces) $ 7 s 0'3 Bib.;er'YSMirrn tiori Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: • ITB No.2014-277-SW • Addendum#4 9/4/2014