Amendment No.1 to Contract with Franmar Cooperation DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE 2_0 Z2—12317
DocuSign Envelope ID:4FF31E4C-C18A-416D-9274-6A152C672253 t� rt { J
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AMENDMENT NO. 1 TO CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
FRANMAR CORPORATION
PURSUANT TO INVITATION TO BID(ITB)NO.2021-094-AY
FOR BUS TRANSPORTATION SERVICES
12/16/2022 10:39 EST
This Amendment No. 1 ("Amendment")to Contract No. 21-094-01, dated June 23, 2021,
pursuant to Invitation to Bid (ITB) No. 2021-094-AY for Bus Transportation Services
("Contract"), by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139(the "City"), and
Franmar Corporation,a Florida corporation, having its principal place of business at 19301
SW 108th Avenue, Miami, FL 33157 ("Contractor"), is entered into this 16 day of
Novem er 2022
RECITALS
WHEREAS, on June 23, 2021, the 'Mayor and City Commission approved the
request to award a contract pursuant to Invitation to Bid ("ITB°) No. 2021-094-AY for Bus
Transportation Services(the"ITB")(the"Contract");and
WHEREAS;the Contract was awarded to Contractor, as it was the sole responsive
and responsible bidder for the solicited bus transportation services;and
WHEREAS, Contractor has expressed to the City's Parks and Recreation
Department(the"Department")that due to rising prices in labor, fuel and fleet,Contractor
is no longer able to provide its services at the Contract rate of$58.00 per hour; and
WHEREAS, the City Administration's research found that an hourly rate of$80.00
per hour is fair and equitable for both the City and the Contractor, as it is in line with what
other vendors are charging,or less in some cases; and
WHEREAS, Contractor has always provided the City with great customer service;
has a sufficiently large fleet to accommodate all of the Department's requests;and is very
accommodating in providing the City with bus services for its many programs and events
for seniors, after school, summer camps, and other City initiatives such as the Veteran's
Day Parade, Memorial Day, etc.;and
WHEREAS, on November 16, 2022, the Mayor and City Commission adopted
Resolution No. 2022-32397, approving, in substantial form, Amendment No. 1 to the
Contract;said Amendment increasing the hourly rate for services under the Contract from
$58.00 to$80.00 per hour, effective November 16, 2022, subject to possible annual rate
increases, not to increase 3%, subject to the approval of the City Manager and funding
availability; and further authorizing the City Manager to execute the Amendment.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged,the City and Consultant hereby agree to amend the Agreement as
follows:
1
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1.. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struek-thr-eugh and inserted
items underlined)as follows:
Appendix C to the ITB(Electronic Cost Proposal Form) is hereby deleted in its
entirety and replaced with the attached, to reflect that the hourly rate for Regular
Services and Emergency Services shall be increased from $58.00 to $80.00 per
hour, effective November 16, 2022 ("Effective Date of Adjustment). The City
Manager will consider hourly rate increases ("Cost Escalation Request") no more
than once per year, commencing on the anniversary of the Effective Date of
Adjustment("Adjustment Date"), instead of the anniversary of the Contract years.
Each one-year period flowing from each Adjustment Date shall be referred to herein
as the"Annual Adjustment Period". In such a case,Contractor shall notify the City,
in writing, of a Cost Escalation Request no later than sixty (60) days prior to the
expiration of the relevant Annual Adjustment Period. The City Manager will
consider the market conditions at the time, or at the City's option, will look to the
percentage of change in the CPI (as defined herein)for the 12 months.ending on
the 10°i month of the existing Annual Adjustment Period for the Miami-Fort
Lauderdale-West Palm Beach, FL, CPI-U, 12-month percent changes, all items
index, not seasonally adjusted ("CPI"), which increase will be effective as of the
upcoming Adjustment Date. Any approved increase in the Contractor's hourly rate
shall not exceed three percent(3%)or the actual market cost increases,whichever
is smaller, as determined by the City Manager, in the City Manager's sole
discretion, and shall be subject to funding availability.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Contract,the provisions of this
Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
2
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
r—DocuSigned by:
By: rarad, . araan th L
fia£Vit.TFAiiado, City Clerk lina T. Hudak, ity Manager
12/16/2022 11.0:39 EST
Date
FOR CONSULTANT: FRANMAR CORPORATION
ATTEST:
L-'
OoeuSlgned by: ,—DocuSlgnedby:
owa Gvic Fran. havtitai
By: 8E398370711A4C9... `—A431445005984C9:..
Secretary President
Rebecca ciric Fran Martinelli
Print Name Print Name
Date
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
3 tia
Date
City AttWrrev
.12 ,
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APPENDIX C
ELECTRONIC COST PROPOSAL FORM
Failure to submit Appendix C.Electronic Cost Proposal Form,in its entirety by the deadline established for the
receipt of proposals will result in .roposal bein deemed non-res.onsive and bein re ected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein,and that no claim will be made on account of any increase in wage scales,material
prices,delivery delays,taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed
herein and has been exercised by the City Manager in advance.The Cost Proposal Form shall be completed in
its entirety.All corrections on the Cost Proposal Form shall be initialed.
GROUP 1 REGULAR SERVICES
Estimated
Annual Total
Item Description Quantity U I M Unit Cost (QLdntity X Unit Cosn
TYPE A2 School bus with air conditioning(30-
' 1 47 capacity)—within Miami-Dade County i 100 Hourly $80.00 $8,000.00
TYPE A2 School bus with air conditioning(30-
2 47 capacity)—to and from Broward County , 100 Hourly $80.00 $8,000.00
TYPE A2 School bus with air conditioning(30-
3 47 capacity)-to and from Palm Beach County 100 Hourly $80.00 $8,000.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.
4 within Miami-Dade County 10 Hourly $80.00 $8,000.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.to
5 and from Broward County 10 Hourly $80.00 $8,000.00
TYPE Al School bus with air conditioning(19- 1 I
29 capacity)equipped with wheel chair lift.to
6 and from Palm Beach Coun 10 Houd $80.00 ' $8,000.00
GROUP 2: EMERGENCY SERVICES
Estimated
Annual Total
Item Description Quantity U I M Unit Cost (Quantity X Unit Cosi)
TYPE A2 School bus with air conditioning(30-
7 47 capacity)—within Miami-Dade County 25 Hourly $80.00 $2,000.00
TYPE A2 School bus with air conditioning(30-
8 47 capacity)—to and from Broward County 25 Hourly $80.00 I $2,000.00
TYPE A2 School bus with air conditioning(30-
9 47 capacity)-to and from Palm Beach County 25 Houdy $80,00 $2,000.00
TYPE Al School bus with air conditioning(19- •
29 capacity)equipped with wheel chair lift.
P
10 within Miami-Dade County 8 Hourly $80.00 $640.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.to
11 and from Broward County 8 Hourly $80.00 $640.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift,to
12 and from Palm Beach Coun 8 Houd $80.00 $840.00
TOTAL(Line items 1.12) $55,920.00
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•
RESOLUTION NO. 2022-32397
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, •
AMENDMENT NO. 1 TO CONTRACT NO. 21-094-01, BETWEEN THE CITY '
AND FRANMAR CORPORATION, PURSUANT TO INVITATION TO BID (ITB)
NO. 2021-094-AY FOR BUS TRANSPORTATION SERVICES; SAID
AMENDMENT INCREASING THE HOURLY RATE FOR SERVICES FROM
$58.00 TO $80.00 PER HOUR, EFFECTIVE NOVEMBER 16, 2022, SUBJECT
TO POSSIBLE ANNUAL RATE INCREASES, NOT TO EXCEED 3%,
SUBJECT TO APPROVAL BY THE CITY MANAGER AND FUNDING
AVAILABILITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT.
WHEREAS,during the March 9, 2016 City Commission meeting, the City awarded two
(2)contracts for bus transportation services,one to Franmar Corporation ("Franmar")and one to
Air B School Bus Transportation, Inc. ("Air B°) for a period of two (2) years and three (3)
additional one(1)year renewals(Exhibit A); and
WHEREAS, due to poor performance and failure to correct contract violations, on
September 19, 2018,the City terminated the agreement with Air B,and since then, Franmar has
been the primary provider for bus transportation for the City;and
WHEREAS, the contract expired on March 8, 2021 and the contract was extended on
a month to month basis until the City went out to bid; and
WHEREAS, the Invitation To Bid ("ITB") No. 2021-094-AY for Bus Transportation
Services was issued on March 16,2021, with an opening date of April 13,2021; and
WHEREAS, bid notices were Issued to 3,298 companies and the notices resulted in
the receipt of one (1) bid from Franmar, offering the same rate of$58.00 per hour throughout
Miami-Dade, Broward and Palm Beach counties;and
WHEREAS, during the June 23, 2021 City Commission meeting, the City Commission
accepted the recommendation of the City Manager pursuant to the ITB and awarded Contract
No. 21-094-01 for bus transportation services (the "Contract') to Franmar (the "Contractor"), a
copy of which is attached as Exhibit B to the City Commission Memorandum accompanying this
Resolution; and
WHEREAS, Contractor has always provided the City with great customer service; has
a sufficiently large fleet, capable of meeting the needs of the City's Parks and Recreation
Department (the "Department"); and is very accommodating in providing the City with bus
services for its many programs and events for seniors, after school, summer camps, and other
City initiatives, including, without limitation, such as the Veteran's Day Parade, Memorial Day,
etc.;and
WHEREAS, Contractor has expressed to the Department, that due to rising prices in
labor,fuel and fleet, Contractor is no longer able to provide their services at the Contract rate of
$58.00 per hour; and
DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE
DocuSign Envelope ID:4FF31E4C-C18A-418D-9274-6A152C672253
WHEREAS, based on research conducted by the Department, the hourly rate of
$80.00 per hour is fair and equitable for both the City and Contractor, as it is in line with the
hourly rate being charged by other vendors providing similar services, or less in some cases;
and
WHEREAS,a change in the hourly rate for the services requires an amendment to the
Contract;and
WHEREAS,as a result, the City Administration recommends amending the Contract to
increase the hourly rate from $58.00 per hour to $80.00 per hour effective November 16, 2022
(Initial Effective Date of Adjustment);and
WHEREAS, the amendment would also include possible annual increases to the
hourly rate, commencing upon the one-year anniversary from the Initial Effective Date of
Adjustment, based on a market evaluation conducted by the City Administration, or at the City
Manager's option, the increase may be subject to the changes in the Miami-Fort Lauderdale-
West Palm Beach, FL, CPI-U 12 month changes, all items index ("CPI"), not to exceed three
percent (3%) or the actual market increase, whichever is smaller, as determined by the City
Manager;and
WHEREAS, any annual increase in the hourly rate would be subject to funding
availability;and
WHEREAS, the City Manager recommends approving, in substantial form,
Amendment No. 1 the Contract, attached to the City Commission Memorandum accompanying
this Resolution as Exhibit B; and further authorizing the City Manager to finalize and execute the
Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve, in substantial form, Amendment No. 1 to Contract No. 21-094-01, between the City
and Franmar Corporation, pursuant to Invitation to Bid (ITB) No. 2021-094-AY for bus
transportation services; said Amendment increasing the hourly rate for services from $58.00 to
$80.00 per hour, effective November 16, 2022, subject to possible annual rate increases, not to
exceed 3%, subject to approval by the City Manager and funding•availability; and further
authorize the City Manager to execute the Amendment.
PASSED and ADOPTED this 16"'day of November 2022.
i62? "------__.
Dan Gelber, Mayor •
ATTEST: _ ;,;„
.72/ c'
1,-;,.).W.:%
s (I!LCORPTORATED) ,
Rafael E. ranado, City Clerk �, 1, g
NOV 7 ''�R k 2z�.`--'APPROVED AS TO
2022 "'.,... FORM &LANGUAGE
&;.. .., _,OR ECUTION
It- ? Z'L
City Attorney Date
DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE
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21-094-01 Amendment No.1.—Franmar Corporation for Bus Transportation Services.
Franmar Corporation Parks and Recreation
t 7 10 4:02 EST , IC// GOG2 17:02 ES
John Rebarl Mark Taxis, Lrr.a Gye
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X Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
.$Qn!t k it.19::, M.• .:Sf1 E' ,' k..,di.. 1+'4!.C'CB .l1@Cf',
On June 23, 2021, the City Commission awarded a contract to Franmar Corporation for bus transportation
services.On October 2,2022,the contractor requested a rate increase to the hourly rate from$58.00 to$80.00
due to rising prices in labor,fuel,and fleet.The Parks and Recreation Department finds the rate increase fair and
reasonable and submitted the rate increase for approval to the City Commission on,November 16,2022.
The City Commission adopted Resolution No.2022-32397,approving Amendment No.1 to the Contract between
the City and Franmar Corporation for bus transportation services.The Amendment increases the hourly rate for
services under the contract from$58.00 to$80.00 per hour,effective November 16,2022.The amendment also
includes the option of annual rate increases,not to exceed 3%,subject to the approval of the City Manager and
funding availability.
Pursuant to the authority established in the Resolution,this item seeks the City Manager's signature on the
attached Amendment.No.1 approved by City Commission via Resolution 2022-32397.
'�_'�"'1.! ti.X�..`.iEd -.LJAk
06/23/2021—06/22/2023 3,1 year options 5 years
Grant Funded: I Yes I X No I State $ Federal I Other:
• �. "" ...-�`a:,:_ *r;v 'xrsi^� 1
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• ' r. • n,skS; 6" i? '�'s h 'tt:". n °G:" `�.- .: "'!.�1kJl:-`LC. 9da.: P1.SSx ".
1 . $100,000. 011-095.0-000349-28-406-545-00-00-00- Yes X No
2 Yes No
3 Yes No
4 Yes. No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32397 C7J 11/16/22
if no,explain why CC approval is not required:
Legal Form Approved: I X Yes No If no,explain below why form approval is not necessary:
........_ .a�.__. ._�,�°t,�:-..,.......,
DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE
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Procurement:Alex Denis — 12/2/2022 1 1: frIrgrf N/A
A4.Dy,
Budget:Tameka Otto °;o„",�a`° I {ter on Technology: N/A
Stewart :47 Dfffe f7/2022 1 :5i/ �
Risk Management: Fleet&Facilities: N/A
Human'Resources: N/A Other:
DS
Reviewed by Monica Garcia
DocuSign Envelope ID:29FE894A-9196-4942-ACED-OOFOAEBAI SAE
DocuSign Envelope ID:
4FF31E4C-C18A-4
18o-9274-6A152C6722253
M 1p .11,; 4M, ie l O' ( ymit f iat tZViaeptl
1. Every field must be.completed.If requested information is notapplicable,enter NA.
2. It is advisable to,confirm authority to sign,funding/account information,risk management compliance,and
controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document.
3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing.
4. When creating workflow in DocuSign,in addition to the department head and applicable assistant/deputy city
manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section
below are included in the approval path.Note that compliance approvers must approve prior to ACM.
S. The City Manager does not need to sign the coversheet.
6. If you have any questions,contact the Procurement Department.
:tr: +ti "" .cos 7' .74
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When routing documents for approval by the city manager,in addition to the department head and applicable city
manager, make sure the following individuals(or designees)are included in the approval path depending on each
contract type.
Type 1—Contract,amendment or task order for the purchase for the purchase of goods or services.resulting from
competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart)
• Grants(Judy Hoanshelt) if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type.2—Other contract or amendment for the purchase,of goods or services not resulting from a procurement-
issued competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart).
• Risk Management(Sonia Bridges)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 3—Independent Contractor Agreements _
• Human Resources Director
Type 4—Grant agreements when City recipient
• Grants(Judy Hoanshelt)
Type 5—Grant agreements when City grantor
• As appropriate depending on grant type
Type 6—Tenant agreements
• Facilities and Fleet(Adrian Morales)
Type 7—Inter-governmental agency agreement
• Marcia Montserrat
Any other type:Contact the Procurement Department for assistance.
DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE
DocuSign Envelope ID:4FF31 E4C-C18A-418D-9274-6A152C672253
•
RESOLUTION NO. 2022-32397
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, •
AMENDMENT NO. 1 TO CONTRACT NO. 21-094-01, BETWEEN THE CITY
AND FRANMAR CORPORATION, PURSUANT TO INVITATION TO BID (ITB)
NO. 2021-094-AY FOR BUS TRANSPORTATION SERVICES; SAID
AMENDMENT INCREASING THE HOURLY RATE FOR SERVICES FROM
$58.00 TO $80.00 PER HOUR, EFFECTIVE NOVEMBER 16, 2022, SUBJECT
TO POSSIBLE ANNUAL RATE INCREASES, NOT TO EXCEED 3%,
SUBJECT TO APPROVAL BY THE CITY MANAGER AND FUNDING
AVAILABILITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT.
WHEREAS,during the March 9,2016 City Commission meeting, the City awarded two
(2)contracts for bus transportation services,one to Franmar Corporation ("Franmar")and one to
Air B School Bus Transportation, Inc. ("Air B") for a period of two (2) years and three (3)
additional one(1)year renewals(Exhibit A); and
WHEREAS, due to poor performance and failure to correct contract violations, on
September 19, 2018,the City terminated the agreement with Air B,and since then, Franmar has
been the primary provider for bus transportation for the City;and
WHEREAS, the contract expired on March 8, 2021 and the contract was extended on
a month to month basis until the City went out to bid; and
WHEREAS, the Invitation To Bid ("ITB") No. 2021-094-AY for Bus Transportation
Services was issued on March 16,2021, with an opening date of April 13,2021; and
WHEREAS, bid notices were Issued to 3,298 companies and the notices resulted in
the receipt of one (1) bid from Franmar, offering the same rate of$58.00 per hour throughout
Miami-Dade, Broward and Palm Beach counties;and
WHEREAS, during the June 23, 2021 City Commission meeting, the City Commission
accepted the recommendation of the City Manager pursuant to the ITB and awarded Contract
No. 21-094-01 for bus transportation services (the "Contract") to Franmar (the "Contractor'), a
copy of which is attached as Exhibit B to the City Commission Memorandum accompanying this
Resolution; and
WHEREAS, Contractor has always provided the City with great customer service; has
a sufficiently large fleet, capable of meeting the needs of the City's Parks and Recreation •
Department (the "Department"); and is very accommodating in providing the City with bus
services for its many programs and events for seniors, after school, summer camps, and other
City initiatives, including, without limitation, such as the Veteran's Day Parade, Memorial Day, •
etc.;and
WHEREAS, Contractor has expressed to the Department, that due to rising prices in
labor,fuel and fleet, Contractor is no longer able to provide their services at the Contract rate of
$58.00 per hour;and
DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE
DocuSign Envelope ID:4FF31E4C-C18A-418D-9274-6A152C672253
WHEREAS, based on research conducted by the Department, the hourly rate of
$80.00 per hour is fair and equitable for both the City and Contractor, as it is in line with the
hourly rate being charged by other vendors providing similar services, or less in some cases;
and
WHEREAS,a change in the hourly rate for the services requires an amendment to the
Contract;and
WHEREAS,as a result,the City Administration recommends amending the Contract to
increase the hourly rate from $58.00 per hour to$80.00 per hour effective November 16, 2022
(Initial Effective Date of Adjustment);and
WHEREAS, the amendment would also include possible annual increases to the
hourly rate, commencing upon the one-year anniversary from the Initial Effective Date of
Adjustment, based on a market evaluation conducted by the City Administration, or at the City
Manager's option, the increase may be subject to the changes in the Miami-Fort Lauderdale-
West Palm Beach, FL, CPI-U 12 month changes, all items index ("CPI"), not to exceed three
percent (3%) or the actual market increase, whichever is smaller, as determined by the City
Manager; and
WHEREAS, any annual increase in the hourly rate would be subject to funding
availability;and
WHEREAS, the City Manager recommends approving, in substantial form,
Amendment No. 1 the Contract, attached to the City Commission Memorandum accompanying
this Resolution as Exhibit B; and further authorizing the City Manager to finalize and execute the
Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve, in substantial form, Amendment No. 1 to Contract No. 21-094-01, between the City
and Franmar Corporation, pursuant to Invitation to Bid (ITB) No. 2021-094-AY for bus
transportation services; said Amendment increasing the hourly rate for services from $58.00 to
$80.00 per hour, effective November 16, 2022, subject to possible annual rate increases, not to
exceed 3%, subject to approval by the City Manager and funding'availability; and further
authorize the City Manager to execute the Amendment.
PASSED and ADOPTED this 16th day of November 2022.
J ',21-----__.
Dan Gelber,Mayor .
ATTEST:
s
s�a ':
;INLOR'hORATEU I
Rafael E. ranado, City Clerk "4 J g'.�_'
,,''�R , � _APPROVED AS TO
NOV a 7 2022 FORM&LANGUAGE
&FOR EXECUTION
c r I1-?Z-2.
City Attorney i 4, Date
DocuSign Envelope ID:29FE894A-9196-4942-ACED-00FOAEBA15AE
DocuSign Envelope ID:4FF31E4C-C18A-418D-9274-6A152C672253
AMENDMENT NO. 1 TO CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
FRANMAR CORPORATION
PURSUANT TO INVITATION TO BID(ITB) NO.2021-094-AY
FOR BUS TRANSPORTATION SERVICES
This Amendment No. 1 ("Amendment")to Contract No. 21-094-01, dated June 23, 2021,
pursuant to Invitation to Bid (ITB) No. 2021-094-AY for Bus Transportation Services
("Contract"), by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and
Franmar Corporation,a Florida corporation,having its principal place of business at 19301
SW 10$"' Avenue, Miami, FL 33157 ("Contractor"), is entered into this 16 day of
November , 2022
RECITALS
•
WHEREAS, on June 23, 2021, the Mayor and City Commission approved the
request to award a contract pursuant to Invitation to Bid ("ITB")No. 2021-094-AY for Bus
Transportation Services(the"ITB")(the"Contract");and
WHEREAS, the Contract was awarded to Contractor, as it was the sole responsive
and responsible bidder for the solicited bus transportation services;and
WHEREAS, Contractor has expressed to the City's Parks and Recreation
Department(the"Department")that due to rising prices in labor, fuel and fleet, Contractor
is no longer able to provide its services at the Contract rate of$58.00 per hour; and
WHEREAS, the City Administration's research found that an hourly rate of$80.00
per hour is fair and equitable for both the City and the Contractor, as it is in line with what
other vendors are charging, or less in some cases; and
WHEREAS, Contractor has always provided the City with great customer service;
has a sufficiently large fleet to accommodate all of the Department's requests; and is very
accommodating in providing the City with bus services for its many programs and events
for seniors, after school, summer camps, and other City initiatives such as the Veteran's
Day Parade, Memorial Day, etc.; and
WHEREAS, on November 16, 2022, the Mayor and City Commission adopted
Resolution No. 2022-32397, approving, in substantial form, Amendment No. 1 to the
Contract; said Amendment increasing the hourly rate for services under the Contract from
$58.00 to $80.00 per hour, effective November 16, 2022, subject to possible annual rate
increases, not to increase 3%, subject to the approval of the City Manager and funding
availability; and further authorizing the City Manager to execute the Amendment.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged,the City and Consultant hereby agree to amend the Agreement as
follows:
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1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items strt gh and inserted
items underlined)as follows:
Appendix C to the ITB (Electronic Cost Proposal Form) is hereby deleted in its
entirety and replaced with the attached, to reflect that the hourly rate for Regular
Services and Emergency Services shall be increased from $58.00 to$80.00 per
hour, effective November 16, 2022 ("Effective Date of Adjustment"). The City
Manager will consider hourly rate increases("Cost Escalation Request") no more
than once per year, commencing on the anniversary of the Effective Date of
Adjustment("Adjustment Date"), instead of the anniversary of the Contract years.
Each one-year period flowing from each Adjustment Date shall be referred to herein
as the"Annual Adjustment Period". In such a case, Contractor shall notify the City,
in writing, of a Cost Escalation Request no later than sixty (60) days prior to the
expiration of the relevant Annual Adjustment Period. The City Manager will
consider the market conditions at the time, or at the City's option, will look to the
percentage of change in the CPI (as defined herein)for the 12 months ending on
the 10th month of the existing Annual Adjustment Period for the Miami-Fort
Lauderdale-West Palm Beach, FL, CPI-U, 12-month percent changes, all items
index, not seasonally adjusted ("CPI"), which increase will be effective as of the
upcoming Adjustment Date. Any approved increase in the Contractor's hourly rate
shall not exceed three percent(3%)or the actual market cost increases,whichever
is smaller, as determined by the City Manager, in the City Manager's sole
discretion, and shall be subject to funding availability.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Contract, the provisions of this
Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E.Granado,City Clerk line T. Hudak, ity Manager
Date
FOR CONSULTANT: FRANMAR CORPORATION
ATTEST: DocuSIgned by: DocuSIgned by:
Erdatta Fravt,
By: 8E398370711A4C9... A431445005984C9..
Secretary President
Rebecca ciric Fran Martinelli
Print Name Print Name
Date
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
9A:CA:c_nobW__jckc—Attct Date
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APPENDIX C
ELECTRONIC COST PROPOSAL FORM
Failure to submit Appendix C. Electronic Cost Proposal Form,in its entirety by the deadline established for the
receipt of proposals will result in .roposal bein deemed non-res onsive and bein. re ected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein,and that no claim will be made on account of any increase in wage scales,material
prices,delivery delays,taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed
herein and has been exercised by the City Manager in advance.The Cost Proposal Form shall be completed in
its entirety.All corrections on the Cost Proposal Form shall be initialed.
GROUP 1 REGULAR SERVICES
Estimated
Annual Total
Item Description Quantity U/M Unit Cost QL:,,,uiy X Unit Cost;
TYPE A2 School bus with air conditioning(30-
1 47 capacity)—within Miami-Dade County 100 Hourly $80.00 $8,000.00
TYPE A2 School bus with air conditioning(30-
2 47 capacity)—to and from Broward County , 100 Hourly $80.00 $8,000,00
TYPE A2 School bus with air conditioning(30-
3 47 capacity)-to and from Palm Beach County 100 Hourly $80.00 $8,000.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.
4 within Miami-Dade County 10 Hourly $80.00 $8,000.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.to
5 and from Broward County 10 Hourly $80.00 $8,000.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.to
6 and from Palm Beach Coun 10 Houri $80.00 ' $8,000.00
GROUP 2: EMERGENCY SERVICES
Estimated
Annual Total
Item Description Quantity U I M Unit Cost (Quantity x unit Cosh
TYPE A2 School bus with air conditioning(30-
7 47 capacity)—within Miami-Dade County 25 Hourly $80.00 ' $2,000.00
TYPE A2 School bus with air conditioning(30-
8 47 capacity)—to and from Broward County 25 Hourly $80.00 $2,000.00
TYPE A2 School bus with air conditioning(30-
9 47 capacity)-to and from Palm Beach County 25 Hourly $80.00 $2,000.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.
10 within Miami-Dade County 8 Hourly $80.00 j $640.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.to
11 and from Broward County 8 Hourly $80,00 $640.00
TYPE Al School bus with air conditioning(19-
29 capacity)equipped with wheel chair lift.to
12 and from Palm Beach Coun 8 Hour! $80.00 $640.00
TOTAL(Line items 1.12) $55,920.00