C2C-Issue ITN Loading-Unloading Of Open Loop Tour Bus Passengers -Tobin-COMMISSION ITEM SUMMARY
Condensed Title:
Request Approval To lssue lnvitation to Negotiate (lTN) No. 2014-252-YG For Concession Agreement(s) For
Use Of City of Miami Beach Rights-Of- Way For Loading And Unloading Of Hop-On/Hop-Off (Open Loop) Tour
Bus
Item Summary/Recommendation:
Sightseeing and tour bus services are a growing industry in the region, including Miami Beach. There are
mainly two types of services currently in operation in the City: (1) Hop-on/Hop-offs (open loop tours) have
multiple passenger loading areas (typically Miami-Dade County bus stops) along an established route; and (2)
Closed loop tours have one loading area (typically Miami-Dade County bus stops) where passengers
load/unload at the same location.
Operators have independently approached the City about partnering to add kiosks at key locations in Miami
Beach, to increase their visibility and ridership. ln other cities with Hop-on/Hop-off service (open loop tours), on-
street kiosks are handled through a permit or license. A concession agreement would be the likely agreement
required if the City desired to offer this service.
At the February 28,2014 NCAC meeting, the Committee passed a motion directing the Administration to move
forward with the procurement for an agreement related to the use of designated right-of-way locations for a
limited number of Hop-On/Hop-Off (open loop) bus tours including use of a designated stop on Ocean Drive and
a designated stop in the vicinity of the 1700 block of Washington Avenue and enhancing enforcement relating to
illegal activity by tour bus operators such as standing on No Parking zones.
At the April 25,2015 NCAC meeting, staff presented a two-tier approach to move forward on this item. The first
step would be to issue a Request for Proposal (RFP) for concession agreement(s) for use of City of Miami
Beach Right-of-Way for loading and unloading of Hop-on/Hop-off (Open Loop) Tour Bus Passengers. Although
the Commiftee supported the plan to issue an RFP, there were certain concerns with aspects of the service,
particularly with the number of buses, kiosks, and noise pollution. At the meeting, the Administration
recommended that these concerns be addressed as part of the concession agreement to be executed with the
selected propose(s). The second step would be to work with the City Attorney's Office in researching potential
approaches for enhanced regulations.
The NCAC made a motion directing the Administration to issue an RFP for a concession agreement for use of
City of Miami Beach Rights-of-Way for loading and unloading of Hop-on/Hop-off (Open Loop) Tour Bus
passengers. Further, the Committee instructed the Administration to include specific language that would allow
the City to reserve the right to choose one (1) or more operators. The Administration was also instructed to add
specific language in the Concession Agreement that would allow the City to regulate the concessionaire(s).
Therefore, in order to allow the City to negotiate with more than one (1) proposer simultaneously, the
Administration is recommending the release of an lnvitation to Negotiate (lTN) instead of an RFP.
RECOMMENDATION
of the lTN.
Financial lnformation:
Citv CIerk's Office
T:\AGENDA\201 1 1 Procurement\Sightseeing
Agenda ltem <e<
tzD.
-
MTAMIBEACH
Tour Bus Regulations SUMM.docx
oarc 6-//'//148
g MIAMIBEACH
Ciiy of ifiomi Beoch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 33139, www. miomibeochfl.gov
CO ISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 11,2014
the City mtsston
2014-252-YG FOR GONCESSTON AGREEMENT(S) FOR USE OF C|TY OF MtAMr
BEACH RIGHTS.OF-WAY FOR LOAD]NG AND UNLOADING OF HOP.ON/HOP.
oFF (OPEN LOOP) TOUR BUS PASSENGERS
BACKGROUND
Sightseeing and tour bus services are a growing industry in the region, including Miami Beach.
There are mainly two types of services currently in operation in the City: (1) Hop-on/Hop-offs
(open loop tours) have multiple passenger loading areas (typically Miami-Dade County bus
stops) along an established route; and (2) Closed loop tours have one loading area (Miami-
Dade County bus stops) where passengers load/unload at the same location.
Gray Line Miami (dba Big Bus Tours) began operating a Hop-On/Hop-Off (open loop) tour in
Miami-Dade County in January 2010. As a result of Gray Line's success, other open loop tour
services have established operation in Miami Beach. Currently, the following three (3)
companies are operating open loop tour bus services ln Miami Beach:
1) Big Bus Tours;2) Miami Open City Tour; and3) City Sightseeing Miami
Operators have independently approached the City about partnering to add kiosks at key
locations in Miami Beach, to increase their visibility and ridership. ln other cities with Hop-
on/Hop-off service (open loop tours), on-street kiosks are handled through a permit or license.
A concession agreement would be the likely agreement required if the City desired to offer this
service.
ln addition to the open loop tour bus services, two (2) closed loop tours are currently operating
in the City:
1) Duck Tours has been operating in the City for approximately ten (10) years with a tour
bus stop located on the Lincoln Road, between Washington Avenue and James Avenue. A
single Miami-Dade Transit bus stop seryes as the only passenger loading area since tours start
and end at the same location.
2) Pirate Tours has been operating for approximately two (2) years with a tour bus stop
located on Washington Avenue immediately adjacent to Soundscape Park. Similarly, a single
Miami-Dade Transit bus stop serves as the only passenger loading area since tours start and
end at the same location.
149
Commission Memorandum - Request for Approval to lssue a Request For Proposals For Use of
Rights-of-Way for Loading and Unloading of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers
June 11,2014
Page 2 of 3
Additionally, there are various other closed loop tours that do not load and unload from the
public right-of-way. These include private charter tours and tours originating from PortMiami.
PRIOR COMMITTEE AND COMMISSION ACTIONS
This issue was referred to the Transportation and Parking Committee (TPC) and
Neighborhood/Community Affairs Committee (NCAC) by the City Commission at the meeting of
March 13, 2013. The Administration held a workshop with the sightseeing and tour bus industry
on Monday, June24,2013. The TPC discussed the item at their July 1,2013 meeting. The
NCAC discussed the item on September 30, 2013. At the meeting, the NCAC recommended
that the Administration meet with the industry again, go back to TPC for input, and bring the
item back to NCAC.
The item was discussed at the City Commission meeting of February 12, 2014. After some
discussion, the Commission made a motion directing the Administration to prohibit buses from
stopping on Ocean Drive until there is a regulation or policy in place. While the companies can
continue to operate their buses along Ocean Drive, no loading or unloading of passengers is
permitted.
At the February 28, 2014 NCAC meeting, the Committee passed a motion directing the
Administration to move fonrvard with the following:
1) Procurement for an agreement related to the use of designated right-of-way locations for
a limited number of Hop-On/Hop-Off (open loop) bus tours including use of a designated
stop on Ocean Drive and a designated stop in the vicinity of the 1700 block of
Washington Avenue.
2) Enhancing enforcement relating to illegal activity by tour bus operators such as standing
on No Parking zones.
At the April 25, 2014 NCAC meeting, staff presented a two tier approach to move forward on
this item. The first step would be to issue a Request for Proposal (RFP) for concession
agreement(s) for use of City of Miami Beach Rights-of-Way for loading and unloading of Hop-
on/Hop-off (Open Loop) Tour Bus Passengers. Although the Committee supported the plan to
issue an RFP, there were certain concerns with aspects of the service, particularly with the
number of buses, kiosks, and noise pollution. At the meeting, the Administration recommended
that these concerns be addressed as part of the concession agreement to be executed with the
selected proposer(s).
The second step would be to work with the City Attorney's Office in researching potential
approaches for enhanced regulations.
The NCAC made a motion directing the Administration to issue an RFP for a concession
agreement for use of City of Miami Beach Right-of-Way for loading and unloading of Hop-
on/Hop-off (Open Loop) Tour Bus passengers. However, the Committee instructed the
Administration to include specific language that allows the City to reserve the right to choose
one (1) or more operators. ln addition, the Administration was also instructed to add specific
language in the Concession Agreement that would allow the City to regulate the
concessionaire(s). Therefore, in order to allow the City to negotiate with more than one ('l )
proposer simultaneously, the Administration is recommending the release of an lnvitation to
150
Commission Memorandum . Request for Approval to lssue a Request For Proposals For Use of
Rights-of-Way for Loading and Unloading of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers
June 11,2014
Page 3 of 3
Negotiate (lTN) instead of an RFP.
MAJOR ITN REQUIREMENTS
1. MINIMUM QUALIFICATIONS
Please Reference Appendix C, Minimum Requirements and Specifications, ITN
2O14-252-YG, For Use Of City Of Miami Beach Rights-Of-Way For Loading And
Unloading Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
2. SUBMITTAL REQUIREMENTS
Please Reference Section 0300, Proposal Submittal lnstructions and Format, ITN
2014-252-YG, For Use Of City Of Miami Beach Rights-Of-Way For Loading And
Unloading Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
3. CRITERIA FOR EVALUATION
Please Reference Section 0400, Evaluation / Selection Process, ITN 2O14-252-
YG, For Use Of City Of Miami Beach Rights-Of-Way For Loading And Unloading
Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
RECOMMENDATION
The Administration recommends that the City Commission approve the issuance of an lnvitation
to Negotiate (lTN) for a concession agreement(s) for use of City of Miami Beach Rights-of-Way
fo1]i4ding and unloading of Hop-on/Hop-offs (Open Loop) Tour Bus passengers.Wsw r F.D.
KGB/JRG/AD/JFD
Attachment ITN 2014-252-YG For Use of City of Miami Beach Rights-of-Way For Loading and
Unloading of Hop-On/Hop-Offs (Open Loop) Tour Bus passengers
T;\AGENDAU0l4uune\June 11 Procurement\Sightseeing And Tour Bus Regulations MEMO.doc
151
TNVTTATON TO NEGOTTATE (tTN)
2014-252-AD
CONCESSTON AGREEMENT(SI FOR THE USE OF
MIAMI BEACH RIGHT-OF-\A/AYS FOR PASSENGER
LOADTNG/UNLOADTNG By OPEN LOOP TOUR
BUS OPERATORS
ITN ISSUANCE DATE: JUNE 15,2014
PROPOSALS DUE: JULY 28, 2014 @ 3:00 PM
ISSUED BY:
* MIAMIBEACrI
YUSBET GONZAIEZ, SENIOR PROCUREMENT COORDINATOR
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive, Miomi Beoch, FL 33139
305.673.7 490 | www. miomibeochfl.gov
152
g MIAMIBEACH
TABLE OF CONTENTS
SOLICITATION SEGTIONS: PAGE
0100 NoT uTtLtzED .................. ....................... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...........4
0300 SUBMtTTAL TNSTRUCTTONS & FORMAT.................. .........................12
0400 PRoPoSAL EVALUATTON ........................14
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........16
APPENDTX B "NO PROPOSAL" FORM .......... ........................23
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...............25
APPENDIX D INSURANCE REQUIREMENTS ............ ...........31
RFP 20I4252YG
153
E IvIIAMIBEACH
SECTION ()2()O INSTRUCTIONS TO PROPOSERS & GENEML CONDITIONS
1. GENERAL. This Invitation to Negotiate (lTN) 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 cosi 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 Propose(s) (the "contractor[s]") if this ITN results in an award,
The City utilizes PublrcPurchase (www.oublicpurchase,com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this lTN. Any prospective
Proposer who has received this ITN by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this ITN Failure to receive an addendum may
result in disqualification of Proposal submitted.
2. PURPOSE. Hop-on/Hop-offs (Open Loop) tour services are vehicle tours that complete a loop with various stops where
passengers perform loading and unloading maneuvers. The purpose of this ITN This service provides a quick and convenient
way to get an overview of a city. They are frequently used by visitors of a new city as it quickly gives them an overview of how
the area is laid out, while a tour guide provides history and interesting facts of the city as well. Typically, after seeing most of
the major sites via the tour, tourists and visitors determine an itinerary for the rest of their stay, deciding which area of the city
they want to visit on their own.
The City's goals and objectives are to promote tourism and mass fansit. Mass transit, including sightseeing tours, is one of the
aspects of transportation that help alleviate congestion throughout the City. Sightseeing tour bus services are currently in
operation in various U.S. and World cities. One of the main aspects of the operations of sightseeing tours is the proper loading
and unloading of passengers. Given the limited righlof-way in Miami Beach, it is impoftnt for the City to provide dedicated
loading zones for sightseeing bus tours services in order to facilitate the operations and reduce traffic impacts to residents.
Cunently, Ocean Drive and Lincoln Road are two of the most active areas for tours. Given the demand at these two locations,
the City is seeking to provide an opportunity for one (1) or more Hop-on/Hop-off (Open Loop) sightseeing tour bus companies
currently operating in the City of Miami Beach to submit qualilications and proposals for a concession agreement for the
operation of exclusive loading zones within City Right-of-Way, located at Ocean Drive (one loading zone) and Lincoln Road
(one loading zone), for the loading and unloading of Hop-on/Hop-ofl (Open Loop) sightseeing passengers.
Through this lTN, the City seeks to negotiate terms of concession agreement and revenue to be provided to the City with one
or more top-ranked proposers.
ATION TIMETABLE, The tentative schedule for this solicitation is as follows:
ITN lssued June 15, 2014
Pre-Proposal Meeting July 2,2014 at 1 :30 p.m.
Deadline for Receipt of Questions July 5, 2014
Proposals Due July 28,2014
Evaluation Committee Review TBD
Tentative Commission Approval Authorizing Negotiations September 10,2014
Contract Negotiations Following Commission Approval
RFP 20r4-252-YG
154
4 AAIA,\AIBEACH
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@miamibeachfl.oov ; or facsimile: 786-394-4188. The ITN title/number shall be referenced on all
correspondence. All questions or requesls 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:
Yusbel Gonzalez
Telephone:
305-673-7490
Email:
yusbelgonzalez@miamibeachfl .gov
5. PRE-PROPOSAL MEETING OR SITE VISIT(S), Only if deemed necessary by the City, a pre-Proposal meeting or
site visit(s) may be scheduled. The details of pre-submittal meeting or site visit(s), if necessary, will be noted in
Appendix B, Minimum Requirements and Specifications.
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 PublicPurchase.
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= 1 3097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation wrth 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 0f Miami Beach website:
http ://web.m iamibeachfl.qov/procu rement/scroll. aspx?id=235 1 0
. LIVING WAGE REQUIREIUENT.,. . . ... ..... ... LOCAL PREFERENCE FOR [,,llAlvll BEACH-BASED VENDORS...... ..
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES,,.,.,,,,,,..,,....,..,.,.,,,
o trALSE CLAIMS ORDINANCE....... ACCEPTANCE 0F GIFTS, FAVORS & SERV|CES............
CITY CODE SECTION 2486
CITY CODE SECTION 2-371
CITY CODE SECTIONS 2-397 THROUGH 2-485.3
CITY CODE SECTIONS 2.481 THROUGH 2-406
CITY CODE SECTION 2487
CII-/ CODE SECTION 2488
CIIY CODE SECTION 2-373
CITY CODE SECTIONS 2407 THROUGH 2-410
CITY CODE SECTION 2-372
CITY CODE SECTION 2-374
CITY CODE SECTION 7O-3OO
CITY CODE SECTION 2449
RFP 2014-25?-YG 4
155
g MIAI,,IIBTACH
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 days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
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. 201 1-3747,
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. 201'l-
3748, 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 0F 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 Propose(s) s/he deems to be in the best interest of the City or may recommend relection
of all Proposals. The City Managels recommendation need not be consistent with the scoring results identi{ied
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 effrciency 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 Manage/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 Propose(s) will commence.
14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to relect 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. lgnorance 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
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
RFP 2014-252-YG
156
E MIAMIBEACH
15. COSTS INCURRED BY PROPOSERS. Allexpenses 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. lt 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 lTN. 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. lnvoices must be
submitted in a format consistent with the Purchase Order.
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless ihe 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. lf 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, Iicense, 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.
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
Rt?'2414-25?-YG
157
ID MIAMIBIACH
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. ln 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. lt 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. ln 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.
7RFP 2014-252-YG
158
tb l'AIAMIBEACH
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 attomey's fees which may be incurred thereon. The contractor
expressly underslands and agrees that any insurance protection required by this Agreement or othena/se 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 Conkactor 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), ArL.1 of the State Constitution untilsuch 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 fullcompliance 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 othenvise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
34. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
35. EXCEPTIONS TO lTN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
thislTN,andoutlinewhat,ifany,alternativeisbeingoffered. Allexceptionsandalternativesshallbeincludedand
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. ln 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).
159
a MIAA,{IBEACH
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 Pase lntentionallv Left Blank
RFP 20]4 252YG I
160
g MIAMIBEACH
PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMATsEcTt0N 0300
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, ten ('10)
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: solrcitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be reyected.
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
othenrrrise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of Proposals, it is strongly recommended that Proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ualifications requirements established in Appendix C, Minimum Reouirements 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 identified in this solicitation, including experience in
providing similar scope of services to public sector agencles. For each prolect that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(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 arange 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.corn/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submiftal 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.
RFP 2014252'(G r0
161
of Services P
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.
Responses shall be in sufficient detail and include supporting documentatlon, as applicable, which will allow the
Evaluation Committee to comolete a fullv review and score the orooosed scooe of services.
and Meth
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: implementation plan, prolect timeline,
for assurino oroiect is i on time and within
Cost Pro
Submit a Cost Form
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).
RF? 2At4-252-YG tl
162
4 MIAA,IIBEACH
sEcTtoN 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. lf further information is desired, Proposers
may be requested to make additional writlen 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. lt 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 fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:. review and score all Proposals received, with or without conducting interview sessions; oro review all Proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Melhodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Miami Beach-Based Vendor Preference
Veterans Preference E
5. Determination of Final Ranking. Al the conclusion of the Evaluation Committee Step '1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
Step '1
Po ints 76 80
Step 2
Points '10 7 5
Total 84
,,,r., ,. .,,Rank ':il
:Commi
.,: .. r:::fYlgrn[|.7
Step 1
Points 90 85 72
Step 2
Points '10 7 5
60
20
RFP 2014-252-YG 12
163
,D
otJ
MIAMIBTACH
- Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Rankinq 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.
Rt-P 20 t 4252-YG t3
164
APPENDIX A
&
:r AAIA/\AIMMAC}-{
Proposo I Certificotion,
Questionnoire &
Req uirements Affid ovit
rTN 2014-252-YG
CONCESSION AGREEMENT(SI FOR THE
USE OF MIAMI BEACH RIGHT-OF-WAYS
FOR PASSENGER LOADTNG/UNLOADTNG
BY OPEN LOOP TOUR BUS OPERATORS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20I4252YG t4
165
Solicitation No:Solicitation Title:
Procurement Contaci:Tel:Email:
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of thrs 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 lnformation.
FIR[/ NAME:
No of Years in Business:No ofYeals in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNOER IN THE LAST 1O YEARS:
FtRV PRll\4ARY ADDRESS (HEADOUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO,:
TOLL FREE NO,:
FAX NO.:
F!RM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRII\4ARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EIVAIL:
FEDERAL TAX IDENTIFICATION NO,:
The City reserves the right to seek additional information fiom 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,
RFP 20]4252YG 1at-)
166
4.
Miami Beach Based (Loca!l!94dor. ls Proposer claiming Miami Beach based llrm status?f-l vrs T-l 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, to demonstrate that the
Proposer is a l\/liami Beach Based Vendor,
Veteran Owned Business. ls Proposer claiming a veteran owned business status?f. l vrs [ -l r.ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certifled 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 201'l-3748.
Conflict Of lnterest. 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 l\4iami 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
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as lhe work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
f__l ves [_--] t'to
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codilled 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
llnancial interest as deflned in solicitation, For each individual or entity with a controlling flnancial 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.
Code of Business Ethics. Pursuant lo City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code lo the Procurement lvlanagement 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, lhe conflict of interest, lobbying and ethics provision of the
City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit llrm's Code of Business Ethics. ln 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/procuremenU.
RFP 2014252YG t6
167
8.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 $1 1 ,28/hr with health
benefits, and $12.92/hr without benefits.
The living wage rate and health care beneflts rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CP|-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 liscally 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 sublect Proposer to additional penalties
and lines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.miamibeachfl .gov/procuremenV.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement,
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 lViami 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 lVliami Beach, Florida; and the Contractofs 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 lo employees with spouses or to spouses of employees?[--l ves [-_l r'ro
B. Does your company provide or offer access to any benellts to employees with (same or opposite sex) domestic parlners* or to
domestic partners of employees?
f---l ves [__-l No
c Please check all benefits that apply to your answers above and list in the "othed' section any additional
benefits not already specifled. 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
Employees wrth
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family lVledical Leave
Bereavement Leave
lf Proposer cannot offer a benellt to domestic partners because of reasons outside your control, (e.9., 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 l/easures Application will be reviewed for consideration by the City
Manager, or his designee, Approval is not guaranteed and the City Manager's decision is linal. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a) Florida Statutes, as currently enacted or as amended from time to time, states that a10.
RFP 2OI4?52-YG 17
168
11.
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 submil a proposal,
Proposal, or reply on a contract with a public entity for lhe construction or repair of a pubiic building or public work; may not submit
proposals, Proposals, or replies on leases of real property lo 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 requlred. 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.
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 cerlifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in Proposal disqualification.
lnitralto Conflrm
Receipt
lnitial t0 conflrm
ReceiDt
lnitialto Conflrm
Receiot
Addendum 1 Addendum 6 Addendum 'l 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submil under separate cover.
RFP 20r4252-YG t8
169
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.
ln 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 flom the solicitation, as it deems appropriate and in its best interest. ln ils sole discretion, the City may
delermine the qualilications and acceptability of any parly 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, ll 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 lhe recipienfs own risk, Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City wilhout any y/arranty
or representalion, express or implied, as to its content, its accuracy, or its completeness. No wananty 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 conection of enors, omissions, or withdrawal from the market without notice. lnformation 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 lerms 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{he-Sunshine Law, and all Proposals and supporling 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 documenls 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 certifes 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 llnal unappealable ludgment
by a court of competent jurisdiclion 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.
ln 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.
19
170
I hereby certify that l, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees t0 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 Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposeis Authorized Representative:Title of Proposeds Authorized Representative:
Signature of Proposeds Authorized Representative:Dale:
State of FLORIDA )
)
On this _day oI _,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 Florrda
My Commission Expires:
RFP 20I4252YG ll)
171
APPENDIX B
g MIAMImTACM
"No Bid" Form
rTN 2014-2s2-YG
CONCESSTON AGREEMENT(SI FOR THE
USE OF MIAMI BEACH RIGHT-OF-Y/AYS
FOR PASSENGER LOADTNG/UNLOADTNG
BY OPEN LOOP TOUR BUS OPERATORS
RFP 2014-?52-YG 2l
172
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TNDTCATED BELOW:
_ Workload.does not allow us to proposal
_lnsufficient 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 producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Steven Williams
PROPOSAL #2014-O8O-SW
1700 Convention Center Drive
MIAMI BEACH, FL 33,I39
RFP 2014252-YG tl
173
APPENDIX C
& AAIAMImTACH
inimum Requirements
& Specificotions
rTN 2014-252-YG
CONCESSTON AGREEMENT(SI FOR THE
USE OF MIAMI BEACH RIGHT-OF-WAYS
FOR PASSENGER LOADING/UNLOADING
BY OPEN LOOP TOUR BUS OPERATORS
PROCUREMENT DIVISION
']700 Convenlion Center Drive
Miomi Beoch, Florido 33139
RFP 20I4252YG aa
174
C1. Minimum Requirements, The Minimum Eligibility Requirements for this solicitation are listed below.
Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered,
. The Proposer must have provided sightseeing tour bus services for a minimum of one (1) year
from release of this lTN.
. The individual proposed as the Project Manager/Business Manager must have a minimum of
three (3) years'experience in administration and oversight ofopen-loop tour bus services.
C2. Description of Concession. Open Loop (Hop-on/Hop-off) Tour Services are tour seruices that operate
typically within a flxed route while stopping at various locations. Currently, various services with these
characteristics operate in the City of Miami Beach serving key locations i.e. Ocean Drive and Lincoln Road,
therefore City of Miami Beach is issuing this lnvitation To Negotiate for a Concession Agreement(s) for the
use of Miami Beach Right-of-Way for the use of Miami Beach Right-of-Way for passenger loading/unloading
by Open Loop Tour Bus openators.
The concession(s) are intended to provide a location for the Open Loop Tour Company(s) to offer their
services in the City without hindering traffic flow and following requirements, including but not limited to the
requirements outlined herein, to ensure that tour services complement other modes in use within the City
without affecting quality-of-life for residents and visitors. At a minimum, the proposer shall address the
following matters in its proposal:
C2.1 Concession Location
As part of the lnvitation To Negotiate, the City has identified two (2) locations for loading and unloading
of passengers, for Open Loop Tour Bus Company(s) (1000 block of Ocean Drive, at the Miami Beach
Welcome Center and in the vicinity of the '1700 block of Washington Avenue). The successful
propose(s) shall confine its vehicle, additional equipment, and the operations of its workmen indicated
by law, ordinances, permits, and negotiated agreemenl.
The Successful Propose(s) will be responsible for cleanliness and maintenance of loading/unloading
location(s). Successful Propose(s) shall be responsible for following all traffic laws, County and City
ordinances.
C2.2 Concession Kiosk
The City will grant the successful proposer or proposers, the right, during the Term of the Concession
Agreement, to manage and operate a kiosk at a location in the vicinity of the designated
loading/unloading concession(s) on public right-otway. The kiosk shall be provided by the successful
propose(s) operating from the structure. ln the case the kiosk was provided within a City of Miami
Beach structure or building, then the Successful Propose(s) shall be responsible for paying the City a
security deposit in the amounl of $10,000 a year, to be paid along with the concession fee. The kiosks
must have a minimum interior space of five feet (5') by five feet (5') and comply with all Americans with
Disabilities Act (ADA) requirements. ln addition, plans for the kiosk must be presented to the City of
Miami Beach Building Department for issuance of a building permit prior to installation of the kiosk. The
kiosk must be permitted and installed prior to the concessionaire(s) conducting business from its
Concession location.
The successful propose(s) must agree to manage and operate the kiosk and will only be authorized to
conducl Open Loop Tour Bus sales within the kiosk, all at its sole cost and expense. No soliciting is to
take place from Public Right-of-Way.
RtP',2014252YG 24
175
C2,3 Operational Requirements:
The Successful Propose(s) must follow the operational requirements described below:
o The kiosks would be allowed to operate from 9:00 AM to 6:00 PM.. Operations from the kiosk must follow the laws set forth in Chapter 46, Article lV of the City of
Miami Beach Code of Ordinance related to noise.. No hawking shall take place from the operator or its employees from the City of Miami Beach
Right-of-Way or the assigned kiosk.o Prices shall be clearly displayed at the kiosk location.o No sales shall be conducted from City of Miami Beach Rightof-Way other than in the designated
kiosk.. lnterior and exterior conditions of vehicles must be kept in pristine condition.r Vehicles must not show visible signs of exhaust or emissions.. No stopping orstanding shall occurfrom thetravel lanes.. No more than two (2) Open Loop Tour Bus Service vehicles, regardless of the number of operators
selected to offer the service, shall be allowed to stop at any of the loading/unloading zones within a one
hour period. Vehicle frequency shall be scheduled and coordinated amongst the selected operato(s)
such that vehicles are spaced no less than a half hour.
Failure to comply with one or more of the aforementioned operational requirements shall result in a in
the issuance of a Violation Notice by the City of Miami Beach Code Compliance Department. The
issuance of three (3) violations within one year shall result in the violation of the Concession Agreement
and termination of the agreement.
C2.4 Schedule of 0oeration:
Successful propose/s operations shall be open seven (7) days a week, 365 days a year, during agreed
upon hours, weather or events of force majeure permifting.
C2.5 Schedule of Pricinq
The Proposer must have a set pricing schedule, a copy of which must be on file with the City of Miami
Beach.
C2.6 Business Plan and Concession Fee
As part ofthe proposal package, the propose(s) shall present a business plan providing information on
revenue-sharing options and delineating the cost-beneflt of implementing this service in the City of
Miami Beach to which the receipts will be subjected to periodic audits by the City of Miami Beach.
Each submittal must include a specific description of the proposed revenues to be shared with the City
as compensation to the City for exclusive use of the loading/unloading zone and kiosk. This information
should also include projected flgures related to both having, and not having, advertisements on the
kiosks. lt should be noted by the propose(s) that the City would receive a minimum guarantee and/or
percentage of gross revenues, whichever higher, prior to the proposer commencing its services.
Proposers are encouraged to suggest other creative revenue sources to improve the flnancial stability
of the service,
Upon execution of the Agreement, the successful proposer shall furnish the City with a Concession
Fee, as agreed to by the City. Said Concession Fee shall serve to secure successful propose/s
performance in accordance with the provisions ofthe Agreement. ln the event the successful proposer
RtP 2014252-YG ,/1
176
fails to perform in accordance with said provisions, the City may retain said Concession Fee, as well as
pursue any and all other legal remedies as may be provided by applicable law.
C2.7 Capital lmorovements and Maintenance
The City shall provide in an "as is" condition, the loading/unloading location(s) to the successful
Propose(s), The successful Propose(s) shall be responsible for the design, construction, permitting
(including permit fees), and full maintenance in a satisfactory manner as determined by the City of the
kiosk and the Concession location. The successful Proposer shall be required to design, provide and
install all furnishings, fixtures, equipment, flnishes, and signage necessary to manage and operate the
Concession location/kiosk.
C2.8 Operator Requirements
Every person or entity that wlll be operating a Hop-on/Hop-off Open Loop tour vehicle must provide the
required vehicle operating license with appropriate endorsements as applicable under Florida law and
Federal Law
Proposals are required to outline implementation and operation for their service. Proposals must also
address the following points:
. Proposed Route description and map. Proposed Frequency. Proposed hours ofoperation and types ofcustomerservice. Proposed size of kiosk. Description of daily operations
. Proposal for Concession
C2.9 Proposal Reouirements
Proposals are required to outline implementation and operation for their service. Proposals must also
address the following points:
. Proposed Route description and map. Proposed Frequency. Proposed hours ofoperation and types ofcustomerserviceo Proposed size of kiosk
. Preliminary Design of Kiosk. Description of daily operations. Proposal for Concession. Proposed Schedule of Pricing for Tour Services
C2.10 Deliverables and Schedule
Deliverables shall be considered those tangible resulting work products to be delivered to the City of
Miami Beach designee. Deliverables and schedule for this prolect shall include, bul are not limited to:
. Detailed implementation schedule (to be received within one month of signed contract)
o Monthly reports that include:o Hours of vehicle(s) usage. Number of users. Descriptive statistic on frequency of usage. Number of tours sold from kiosk. User revenue collected
. Advertising revenue collected
RFP 20I4252YG ZA
177
. Damage Reporto Kiosk Maintenance Reports. Detailed report on net revenue or costs
C3 Term
The Term of this Agreement will be for a period of three (3) years with the sole option and discretion of the
City, to renew for two (2) additional one year terms.
RFP 2014-252-YG
178
@Nt e2p EEl6=6==t*:C -'= HJ =EEU) J- =n* X=.:()Ei<1, 185il4992 F=q.' -(\LUIncg.JEH6dH<co;o-=5=U8n=fi,U^g-tuZ:dC,^. IJ.JU=OcoLt-(r',+C()Eol-lo.oMoUCol-lt')Cr(.J-Jr-q-L}Jffi<{x€ltl,oXoZLUo-o_179
@ MIAMIMHACF{
INSURANCE REQUIREMENTS
This document sels forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
TBD 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida,
TBD 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exactly as wrrtten in "insurance requirements" of specifications).
TBD 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
TBD 4. Excess Liability - $_.00 per occurrence to follow the primary coverages.
TBD 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
TBD 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00
_ Liquor Liability $_.00
_ Fire Legal Liability $_.00
_ Protection and lndemnity $_.00
_ Employee Dishonesty Bond $_.00
_ Other $_.00
TBD 7, Thirty (30) days written cancellation notice required.
TBD 8. Best's guide rating B+:VI or better, latest edition.
TBD 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
PFP 2014252YG 29
180
THIS PAGE INTENTIONALLY LEFT BLANK
181