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R2A-Issue RFP Provide Parking Attendants For City Parking GaragesCOMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AUTHORTZE THE TSSUANCE OF A REQUEST FOR PROPOSALS (RFP) NO.2O15-146.WG FOR PARKING ATTENDANTS FOR CITY PARKING GARAGES. Build And Maintain lnfrastructure With Full Accou Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation : On May 5,2011, the Mayor and City Commission awarded RFP 17-10111 for Parking Attendants for City Parking Garages to SP Plus Municipal Services, a division of Standard Parking Corporation. The start date of the initial three (3) year term was August 16, 2011, and expired August 15, 2014. The first of two one (1) year renewal options with SP Plus Municipal Services was exercised and commenced on August 16,2014 and will expire on August 15,2015. On July 30, 2014, the Mayor and Commission considered and approved an item referring to the Finance and Citywide Projects Committee discussion on the management agreement with SP Plus Municipal Services, a division of Standard Parking Corporation, for parking attendants. Specifically; the referral requested a decision on: (1) Not exercising the City's option to renew the agreement; and (2) Extending the Agreement on a monthto-month basis; and (3) lssuing a new RFP (Request for Proposals) for parking attendants for the City's parking garages. On February 2, 2015, the FCWPC discussed this item (ltem No. 3 on the Agenda) and recommended the issuance of an RFP for Parking Attendants for the City's Parking System. The pursuit of a formal procurement process for Parking Attendants for the City's Parking System is anticipated to yield cost savings through a combination of reduced personnel costs and gated revenue control system technology enhancements, including a central monitoring station. A central monitoring approach is anticipated to yield a 40o/o reduction in cashier/attendant hours which translates to an equivalent cost savings through the attached RFP. The Administration desires to seek proposals from fully qualified firms interested in partnering with the City to provide parking attendants for City parking garages. RECOMMENDATION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2015- 146-WG for Attendants for C Board Recommendation: The Finance and Citywide Projects Commlttee recommends the issuance of a formal procurement process for Parking Attendants for the City's Parking System. This, coupled with anticipated technology enhancements Financia! lnformation : Source of Funds: Amount Account 1 N/A Total Financial Impact Summary: N/A Alex Denis, Director Ext # 664'1 FP-2015-146-WG Parking Attendants for City Parking Garages- ISSUANCE SUMMARY.docx AGENDA ITEM N'AE MIAMIBEACH opre /-tI-t{242 City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov MIAMIBEACH FROM: DATE: TO: COMMISSION MEMORANDUM Mayor Philip Levine and Members of the City Commission Jimmy L. Morares, city Manas - ,ff-M{^ April 15,2015 SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSAL (RFp) TO PROVIDE PARKING ATTENDANTS FOR CIry PARKING GARAGES. ADMINISTRATION RECOMM EN DATION Authorize the issuance of the RFP. BACKGROUND On May 5,2011, the Mayor and City Commission awarded RFP 17-10111 for Parking Attendants for City Parking Garages to SP Plus Municipal Services, a division of Standard Parking Corporation. The start date of the initial three (3) year term was August 16,2011, and expired August 15,2014. The first of two one (1) year renewal options with SP Plus Municipal Services was exercised and commenced on August 16, 2014 and will expire on August 15,2015. On July 30, 2014, the Mayor and Commission considered and approved an item referring to the Finance and Citywide Projects Committee discussion on the management agreement with SP Plus Municipal Services, a division of Standard Parking Corporation, for parking attendants. Specifically; the referral requested a decision on: (1) Not exercising the City's option to renew the agreement; and (2) Extending the Agreement on a monthto-month basis; and (3) lssuing a new RFP (Request for Proposals) for parking attendants for the City's parking garages. On February 2,2015, the FCWPC discussed this item (ltem No. 3 on the Agenda) and recommended the issuance of an RFP for Parking Attendants for the City's Parking System. The pursuit of a formal procurement process for Parking Attendants for the City's Parking System is anticipated to yield cost savings through a combination of reduced personnel costs and gated revenue control system technology enhancements, including a central monitoring station. A central monitoring approach is anticipated to yield a 40% reduction in cashier/attendant hours which translates to an equivalent cost savings through the attached RFP. The Administration desires to seek proposals from fully qualified firms interested in partnering with the City to provide parking attendants for City parking garages. 243 City Commissioner Memorandum - RFP 2015-146-WG Parking Attendants for City Parking Garages. April 15, 2015 SCOPE OF SERVICES Successful Proposer shall provide trained and uniformed parking attendants for the City of Miami Beach Parking System, Monday through Sunday, including holidays and during special events. The attendants will be expected to collect parking fees, validate tickets, and perform related duties. OTHER RFP REQUIREMENTS o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015- 146-WG Parking Attendants for City Parking Garages. . SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015-146-WG Parking Attendants for City Parking Garages. o GRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015- 146-WG Parking Attendants for City Parking Garages. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2015-146-WG Parking Attendants for City Parking Garages. o ATTACHMENTS RFP 2015-146-WG Parking Attendants for City Parking Garages. JLM/MT/SF/AD T:\AGENDA\2015\April '1s\Procurement\RFP lssuance Parking Attendants for City Parking Garages. - MEMO.doc Page 2of2 244 REQUEST FOR PROPOSALS (RFP) PARKING ATTENDANTS FOR CITY PARKING GARAGES 201s-r 46-WG RFP ISSUANCE DATE: APRIL 15,2015 PROPOSALS DUE: MAY 15,2015 @ 3:00 PM ISSUED BY: WILLIAM GARVISO, CPPB E MIAAAIBEACH WIIIIAM GARVISO, PROCUREMENT COORDINATOR PROCU REMENT DEPARTMENT 1700 Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33139 3O5.673J000 X6650 | www.miomibeochfl.gov 245 g A;\lAA,,ilBEACH TABLE OF CONTENTS SOLICITAT!ON SECTIONS:PAGE 0100 NoT uTtLtzED ......... .......... N/A O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3 O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10 O4OO PROPOSAL EVALUATION ....... ,,,,,,..,.,.12 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS ,,,.....14 APPENDIX B "NO PROPOSAL" FORM. ,,........,21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .,,,,,,.,23 APPENDIX D SPECIAL CONDITIONS ... ........,,29 APPENDIX E COST PROPOSAL FORM ......,,,.34 APPENDIX F INSURANCE REQUIREMENTS ..........36 RFP 2015-146-WG Poge 2 246 b MIAMIBEACH SECTION ()2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s)(the "contractor[s]")if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is soliciting responses from proposers to supply trained uniformed attendants for the City of Miami Beach Parking System garages and lots. Attendant shall be responsible for a variety of garage/lot supportive functions which include (but may not be limited to): customer service, cashiering, preparing bank deposits assisting with the public, managing capacity of garages/lots, handling of money, operating revenue control equipment, filling out reports, opening and closing of booths. The City anticipates any resulting agreement will be awarded on a management fee plus agreed to reimbursable costs. The tentative schedule for this solicitation is as follows: RFP lssued April 16, 2015 Pre-Proposal Meeting Deadline for Receipt of Questions Responses Due Evaluation Committee Review Proposer Presentations Tentative Commission Approval Authorizing Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: William Garviso Telephone: 305.673.7000 x6650 Email: williamgarviso@miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado@miamibeachfl.qov ; or facsimile: 786-394-4 1 88. RFP 2015-146-WG Poge 3 247 g MtAti\IBEACH The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten ('10) 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. 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. A Pre-Proposal conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall- 4tt Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dialthe TELEPHONE NUMBER: '1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 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=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the exception of communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at RafaelGranado@miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http ://web. miamibeachfl.qov/procu remenVscroll.aspx?id=235 1 0 . CONE 0F SILENCE.... CITY CODE SECTION 2486 o PROTEST PROCEDURES CITY CODE SECTION 2-371 o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485,3 o LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES ... CITY CODE SECTIONS 2481 THROUGH 2-406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487 o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENTISSUES........... CITY CODE SECTION 2488r REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL CITY CODE SECTION 2-373 RFP 20r 5-r 46-WG Poge 4 248 b lvilAii,llBEACH BENEFITS FOR DOMESTIC PARTNERS o LIVING WAGE REQUIREI/ENT ......... CITY CODE SECTIONS 2407 THR0UGH2-410 o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE. DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 o FALSE CLAIMS 0RD|NANCE.... CITY CODE SECTION 70-300 o ACCEPTANCE OF GIFTS, FAVORS & SERVICES .. . CITY CODE SECTION 2449 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. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No.2011- 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. 12. 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 the Propose(s) he/she deems to be in the best interest of the City or may recommend relection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer, (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract, The City Commission shall consider the City Manager's recommendation and may approve such recommendation, The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also relect all Proposals. Upon approval of selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to arrive at a mutually acceptable Agreement. The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety, The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening. RFP 20r 5-r 46-WG Poge 5 249 tb ,'r\iA /'/',i BEACH 14. PROPOSER'S RESPONSIBILITY. Befoie 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. 15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City, 16. RELATIONSHIP T0 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. 17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 18. 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 RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 19. 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 consistent with Purchase Order format. 20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. 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, 21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract, Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all RFP 20r 5-r 46-WG Poge 6 250 b lvlilA,rv'ri BEACH 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. 22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23. 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. 24. 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 Proposers 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 supplied to the City. 25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise 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. 26. 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. 27. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of City or non- profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of City or non-profit agency. 28. 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 Cityal contract, or on an as-needed basis through the City's spot market purchase provisions. 29. 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 RFP 20r 5-r 46-WG Poge 7 251 g l,^tAt'llBEACH D. The Proposer's proposal in response to the solicitation. 30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or othenrrrise 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. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 calendar days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements underSection 119.07(1), Florida Statutes, and s. 24(a), Ar1,.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) calendar days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as othenruise 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. 33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP 20r 5-r 46-WG Poge 8 252 b 34. EXCEPTIONS TO RFP. Proposers musiclearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives, 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 RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). 35. 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 to improperly influence him/her in the discharge of his official duties, Balance of Pase lntentionallv Left Blank RFP 20r 5-r 46-WG Poge 9 253 sEcTloN 0300 1. SEALED RESPONSES. 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: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be relected. Proposals are to be delivered to City of Miami Beach Procurement Department, 1700 Convention Center Drive, 3d Floor, Miami Beach, Florida 33139. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid 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 othenrvise. 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 submittals should be tabbed as enumerated below and contains 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. 4 iv\lAi,AlBEACH PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 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 ions requirements established in Appendix C, Minimum Requirements and Specificati & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and 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 Gapacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer, The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended review the information contained in its SQR for to submittal to the Citv and RFP 20I 5-t 46-WG Poge 1 0 254 as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at800-424-2495. of Services 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 documentation, as applicable, which will allow the Evaluation Committee to complete a full review and score the proposed scope of services. b:TilIAIIIBTACH 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). Approach and Methodology 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: use of innovative technology, training received by attendants, communication protocols, and retaininq sufficient to meet the Citv's needs, Cost Submit a com Cost Form RFP 20r 5-r 46-WG Poge 1 1 255 g lv\tAt/rlBrACH SECTION O4O() 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 written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. 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 forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. 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 Methodology 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. Cost Proposal 35 20 Veterans Preference 4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula: Sample Oblective Formula for Cost Vendor Vendor Cost Proposal Example Maximum Allowable Points (Points noted are for illustrative purposes only. Actual points are noted above.) Formula for Calculating Points (lowest cost / cost of proposal being evaluated X maximum allowable points = awarded points) Round to Total Points Awarded Vendor A $100.00 25 $100 , $100 X25 = 25 25 Vendor B $150.00 25 $100/$150X25=16 16 Vendor C $200 00 25 $100/$200X25=13 13 RFP 20I 5-146-WG Poge 1 2 256 b ,',t'i- ',' BEACH 5. Determination of Final Ranking. At theionclusion of tne fvaluation 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 and2 scores will be converted to rankings in accordance with the example below: * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Committee Member 1 Step 1 Points 82 76 80 Step 2 Points 25 16 13 Total 107 92 93 Rank 3 2 Committee Member 2 Step 1 Points 79 85 72 Step 2 Points 25 16 13 Total 104 101 85 Rank 1 2 3 Committee Member 2 Step 1 Points 80 74 66 Step 2 Points 25 16 13 Total 't05 90 79 Rank ,|2 3 RFP 20r 5-r 46-WG Poge l 3 257 APPENDIX A MIAMIBEACH Proposo I Certificotion, auestionnoire & Req uirements Affid ovit 2015-1 46-WG PARKING ATTENDANTS FOR CITY PARKING GARAGES PROCUREMENI DEPARTMENT.l700 Convention Center Drive Miomi Beoch, Florido 33139 RFP 20r 5-r 46-WG Poge 1 4 258 Solicitation No: 2015-146-WG Solicitation Title: PARKING ATTENDANTS FOR CITY PARKING GARAGES Procurement Contact: William Garviso Tel: 305.673.7000 x 6650 Emarl: williamqarviso@miamibeachfl.qov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. General Proposer lnformation. FIRM NAME: No of Years in Business:No of Years in Business Locally: I No. of Employees: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE:ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: UI IY STATE:ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO,: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with conkact requirements. RFP 20r 5-r 46-WG Poge 1 5 259 2. Veteran Owned Business. ls Proposer claiming a veteran owned business status? YES l__l ruo SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal City, as required pursuant to ordinance 2011-3748. 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 Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,andchild)whoisalsoanemployeeoftheCityofMiamiBeach. Proposersmustalsodisclosethenameof 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 the 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) Narrative on Scope of Services Provided. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. lf "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 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? l__l vgs [__l ruo 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 codified in Sections 2-487 through 2-490 of the City Code, including a prohibition against any vendor giving a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. 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. A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (to which the definition of vendor as defined above may apply), including your sub-consultants), who 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. RFP 2015-r 46-WG Poge 1 6 260 9. Code of Business Ethics, Pursuant to 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 to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable Cityal rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. 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. Living Wage. Pursuantto Section 2-408of the MiamiBeach 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: The City Commission approved Ordinance 2014-3897 on September 30, 2014 increasing the living wage rate to $'13.3't/hourly without health benefits or $1 '1.62/hourly with health benefits with an effective date of January 1,2015. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Fu(her information on the Living Wage requirement is available at www.miamibeachfl .gov/procuremenU. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requrrement. 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 fulltime employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the conhact within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? [-_-l ves f--l t'to B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? [--.] ves l__--] uo RFP 20r 5- r 46-WG Poge 1 Z 261 Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not already specified. Note: some beneflts 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 with SDouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Familv Medical Leave Bereavement Leave lf Proposer cannot offer a benefit 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 Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal Benefi ts requirement is available at www.miamibeachfl . gov/procuremenU. Public Enti$ Crimes. Section 287.133(2)(a), Florida Statutes, as cunently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. lnitial to Confirm Rcmint lnitial to Confirm Receiot lnitial to Confirm Receiol Addendum'l Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover. 10. 11. RFP 20r 5-r 46-WG Poge 1 B 262 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. 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 from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. 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 terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the City-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation, By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respectthereto, such liability shallbe 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. RFP 20r5-r 46-WG Poge 1 9 263 I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Certiflcation, Questionnaire and Requi Affidavit are true and accurate. Name of Propose/s Authorized Representative:Title of Proposeis Authorized Representative: Signature of Propose/s Authorized Representative:Date: State of On this _day of _, 20_, personally appeared before me who County of _) stated that (s)he is the 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 My Commission Expires: of RFP 20r 5-r 46-WG Poge 20 264 APPEND tb :MIAM XB BEACH "No Bid" Form 2015-1 46-WG PARKING ATTENDANTS FOR CITY PARKING GARAGES PROCU REMENT DEPARTMENT,l700 Convention Center Drive Miomi Beoch, Florido 33139 RFP 20r 5-r 46-WG Poge 21 265 WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR !NDTCATED 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 product/service _OTHER (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCU REMENT DEPARTMENT ATTN: William Garviso RFP PROPOSAL #201 5-1 46-W G 1700 Convention Center Drive MIAMI BEACH, FL 33139 RFP-20r 5-r 46-WG Poge 22 266 APPENDIX C g MIAMIBEACH Minimum Requirements & Specificotions 2015-.l43-WG PARKING ATTENDANTS FOR CITY PARKING GARAGES PROCU REMENT DEPARTMENT 1700 Convention Center Drive Miomi Beoch. Florido 33.l39 RFP-20r 5-r 46-WG Poge 23 267 APPENDIX C CI. Minimum Requirements. The minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Proposer shall maintain commercial office within Miami-Dade, Palm Beach, Broward or Monroe Counties. SUBMITTAL REQUIREMENT: Submit the business tax receipt or occupational license for the Proposer's location which complies with this requirement. 2. Proposers shall have been awarded at least three (3) contracts of similar scope and size within the last five (5) years. Similar size and scope may include municipal parking Departments, parking authorities, and/or parking systems, including colleges/ universities; and/or hospitals. SUBMITTAL REQUIREMENT: For each of the three (3) required contracts, submit: the name of the awarding agency, agency contact person, address, telephone number, email address, and summary of scope of services provided. C2.Statement of Work Required. The successful Proposer shall be responsible for the following: 1. Providing trained and uniformed parking attendants at each of the designated parking facilities below, Monday through Sunday, including holidays and during special events. The parking facilities are located at:. G1 - 7th StreeUCollins Avenue. G2 - 12th Sheet/DrexelAvenue. G3 - 13th StreeUCollins Avenue. G4 - 16th StreeUCollins Avenue. G5 - 17th Street Garage. G6 - 42nd Street Garage. G7 - 18th and Meridian (City Hall Garage). G8 - Sth Street and Alton Garage. G9 - Pennsylvania Avenue Garageo G10 - Sunset Harbor Garage. Multiple municipal surface parking lots, including during special events and/or seasonally. 2. Propose/s parking Attendants I must:A. Collect parking fees, validate tickets, and perform related duties.B. Provide financial and ticket reports at the conclusion of each shift.C. Submit all monies representative of the shift's activity to the shifUfacility Attendant ll's, and assist in the recordation and deposit of the daily shift cash receipts.D. Maintain a clean work area, including the adjacent booth area and access control equipment. Each shift shall be responsible to maintain the fee computer as to cleanliness, dust, and appropriate use.E. Provide directions and general information to the public.F. Maintain a neat, well-groomed appearance at all times. RFP 20r 5-r 46-WG Poge 24 268 G. Maintain a friendly, courteous and service-oriented attitude at all times.H. Consistently demonstrate the ability to communicate effectively in the English language with the general public, supervisors, and City management.l. Be qualified to complete all required cash and ticket reports to ensure the accurate and complete recordation of such reports. Demonstrate ability to add, subtract, multiply, and divide in a consistent and accurate manner.J. Be familiar with City parking policies pertinent to: o Monthly Parking Program. City Decals and Permit Parkers : itr{il:ifu:,'J:'ffi;:1,* by,hec,y K. Be familiar with the location, hours of operation, and rates of all City parking facilities.L. Trained in operating the City's gated parking revenue control equipment and related mobile applications.M. Perform all other related duties as assigned by the City. 3. Proposer shall provide and require its employees to wear a uniform:A. SporUpolo shirt or collared shirt (no t-shirts), dark pants, shorts or skirt.B. The firm's employees will be issued official City of Miami Beach photo identifications and these shall be required to be worn daily as part of the employee's official uniform.C. The Proposer must include its name on the badge or uniform.D. The City reserves the right of final approval of the uniform selected by the Proposer. 4. Proposer will provide Attendants ll as requested by the City. 5. Attendant ll will perform the following duties, including all Attendant I duties, as required:A. Attendance verification: Verify at the beginning of each shift that all booths are staffed. lf personnel are absent or call in sick, it is the responsibility of the Attendant ll to replace the Attendant I immediately. The Attendant ll shall issue a bank for each Attendant l, whose duties are to cashier, per shift.B. Scheduling of shift locations and replacements for daily and weekly schedule and scheduling for vacations and emergencies.C. The shift shall serve as the City contact for any problems or questions during each shift.D. Provide required assistance to parking attendants during shift closeout procedures. Prepare all deposits for shift cash receipts.E. Perform the duties of a Parking Attendant l, when and if necessary.F. Assist in central monitoring station.G. Perform other related duties as requested by City staff. 6. Contractor shall use best efforts to transition employees of the existing service provider who choose to migrate to the Contractor. The City shall bear no responsibility for any transitioned employee. RFP 20r5-r 45-WG Poge 25 269 7 Proposer shall provide a full-time on-site Project Manager with experience handling the type of services requested by the City, who will have full authority to act on behalf of the firm. The Project Manager shall be scheduled at the sole and absolute discretion of the City and shall be available to respond to requests from the City, on an as needed basis, 24 hours a day/seven days a week. All Contractor employees must report any facility maintenance issues, including but not limited to graffiti; light bulb replacement; reskiping; signage; etc. that needs to be addressed. Contractor shall schedule monthly performance meetings with City management to review performance issues. Contractor shall notify the City immediately upon any change in its contractor management team that impacts services to the City. A minimum of two (2) contract representative names must remain on file with the City at all times. Contractor shall respond to any complaint received from the general public or the City Administration, in writing, within 24 hours of receipt of complaint. All training is the sole responsibility of the Contractor. Contractor will provide written rules of conduct for its personnel, which must be approved by the City's Parking Director. '13. Contractor must provide a Facilities Operation Manual to each employee and a permanent manual containing standard operating procedures shall be stored in each cashier booth and central facility office. Smoking, eating, and/or mobile phone use on the job is strictly prohibited. Contractor must supply a $100.00 bank foreach shift at each facility. The $100.00 bank shall consist of sufficient variety of currency and/or coin to properly provide change. The City reserves the right to alter the composition of the $100 bank; however, typically, eighty (80) one-dollar bills and two (2) rolls of quarters will be required. Contractor shall be responsible for all pay-on-foot stations, including but not limited to: providing all funds necessary for replenishing all cash for change bins (two bins per pay on foot station and $5,000.00 per bin is required); balancing all transactions at all pay-on- foot stations at applicable facilities; and pefforming all other related duties pertaining to pay-on-foot stations, as assigned by the City. Contractor must have sufficient cash on hand to ensure that at no time any pay-on-foot stations are depleted of change (smaller bill denominations). Contractor shall use best efforts to keep all pay on foot stations operational at all times including, but not limited to, minor repairs such as misread tickets; billjams; receipt rolls, etc. Contractor shall be responsible for any cash shoftages or missing tickets. Missing tickets shall be calculated at the maximum daily parking rate. All shortages shall be delivered to the City of Miami Beach Parking Department, c/o the Finance Manager, within 72 hours of notice of the shortage by the City. Contractor shall provide continuous and on-going procedural and equipment training to its employees. Proposer shall provide a roster of all trained employees to the City. 8. 9. 10. 11. 12. 14. 15. 16. 17 18. RFP 20r 5-r 46-WG Poge 26 270 B. Employees receiving training at the City's parking facilities must be scheduled to work at City parking facilities. Under no circumstances is the Proposer to train employees at City parking facilities and relocate the employee to another contract or client for any period of time without the prior written consent of the City. 19. Contractor shall provide sufficient vehicles, (in such number as reasonably determined by the City) for its employees to ensure the effective and efficient transport of attendants to assigned locations throughout all shifts. 20. Contractor shall perform a background check, in such manner as approved by the City, on all of its employees, as part of its employment process. Contractor may also be required to conduct other screening and/or investigative measures at the request of the City. The City has the right to refuse any personnel supplied by the firm. Any person employed by the successful Proposer whom the Parking Director, in sole and reasonable discretion, may deem temporarily or permanently incompetent or unfit to perform the work, shall be removed promptly from the job and such person shall not again be placed with the City. 21. Contractor shall include its audit and internal controls including, but not limited to, the following: code of conduct and a confirmation process; hiring and promoting of employees; continuous training; fair and balanced discipline; implementing and monitoring internal controls; having a strong and independent audit committee; and hiring effective internal auditors. The City reserves the right to require Proposer to conduct investigative measures, including audits, and/or surveillance, to ensure the integrity of the system and their employees. 22. Contractor shall provide samples of its standard monthly, quarterly, and annual, reporting forms. Said reporting may include, but is not limited to, any and all financial and/or operational reporting to the City, including invoicing; employee attendance; etc. 23. The City will at no time be responsible for any overtime payroll expense incurred by the Proposer unless the City authorizes said overtime in advance, in writing. MOST FAVORED CUSTOMER The successful proposer shall warrant and represent to the City that the prices, warranties, benefits and terms set forth in the resulting contract negotiated between Proposer and the City shall be at least equal to (or more favorable to) the City than the prices, warranties, benefits and terms now charged or offered by the firm, or that may be charged or offered during the term of the City contract for the same or substantially similar services as defined in the contract. lf at a time during the Term of the City contract, the successful Proposer enters into another agreement on a basis that provides prices, warranties, benefits and terms more favorable than those provided the City hereunder, then the successful Proposer shall, within thirty (30) calendar days thereafter, notifo the City of such fact and, regardless of whether such notice is sent by the successful Proposer or received by the successful Proposer or received by the City, the City contract shall be deemed to be automatically amended, effective retroactively to the effective date of the more favorable agreement, to provide the same prices, warranties, benefits and terms to the City; provided that the City shall have the right and option to decline to accept any such change, in which event such amendment shall be deemed null and void. RFP 20r 5-r 46-WG Poge 27 271 C.PERFORMANCE STANDARDS Uniforms/Name-tags: Proposer's employees must be in full uniform with their respective name{ag at the start of their shift. Failure to do so may result in a request to replace said employee with one in full uniform/nametag. Customer Service/Conduct: Employees must comport themselves in a respectful and courteous manner when addressing the public/customers. Conduct unbecoming shall include: smoking, eating, mobile phone use, rudeness, belligerence, hostility, quarrelsome, antagonistic, aggression, sarcasm, contempt, and mocking. All employees shall further refrain from smoking, eating, and/or drinking while on-duty. Complaints pertaining to customer service including, but not limited to, the behavior outlined above shall be immediately addressed by the firm. The City reserves the right, at its sole discretion, to determine if the employee is unfit or incompetent to perform the duties and may require the immediate removal of the employee and replacement with another within one (1) hour of said request. RESPONSIBILITY OF THE CITY The City shall be responsible for the following: The City will provide a clean and safe workplace. The City shall provide Contractor with a calendar of events at the City of Miami Beach Convention Center, The Fillmore at the Miami Beach Jackie Gleason, and New World Symphony. The City shall also provide Contractor with a copy of the City of Miami Beach annual calendar. The City shall use reasonable business efforts to notify Proposer of any special events and their specific parking requirements at least one week (seven calendar days) prior to commencement of the event. The City shall provide a comprehensive list of events requiring the staffing of surface parking lots. The City shall be responsible for all preventive maintenance; regular maintenance; and repairs of all pay on foot stations. The City shall provide a Parking Procedures Manual. 1. 2. D, 1. 2. 3. 4. 5. 6. RFP 20r 5-r 46-WG Poge 28 272 APPENDIX D g MIAMIBEACH Speciol Conditions 2015-1 46-WG PARKING ATTENDANTS FOR CITY PARKING GARAGES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miomi Beoch. Florido 33,l39 RFP 2015-146-WG Poge 29 273 1.TERM OF CONTRACT. The contract shall commence upon the date of notice of award and shall be effective for three (3) years. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one-year periods subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. PAYMENT FOR SERVICES RENDERED. The City shall pay the Contractor a management fee, the direct cost of labor, plus any authorized reimbursable expenses as indicated below. 1. Management Fee. The Proposer shall stipulate the management fee to be charged by the Contractor, on a monthly basis, to the City for the services rendered under any contract resulting from this RFP. a. Management Fee lnclusions. The following shall be included in the proposed Management Fee: profit and overhead costs; general and administrative expenses; office rent and utilities; telephone and internet service; employee training, including customer service, gated revenue control equipment; office supplies; salaries, benefits and bonuses for office personnel and management; depreciation on equipment; licenses and permits; advertising; tools, equipment and vehicles (unless approved by City); taxes; insurances (including workmen's compensation and unemployment insurance); charitable and other contributions; travel and entertainment; public relations, gifts, dues and memberships; any penalties, assessments or fines issues by any regulatory agency, court or the city; employee social functions; employees severance pay; fringe benefits not earned or accrued during the time of this agreement or while employee has worked for the operator other than at the facilities; charge-backs which resulted from the failure to apply controls as described in the parking procedures manual; and any other cost not included in the approved reimbursable list. b. Management Fee Adjustment. The proposed management fee shall remain constant for one (1) year from the contract's initial effective date. 60 days prior to each anniversary date of the contract, the Contractor may submit to the City a request for an adjustment to the preceding year's management fee for the subsequent year. Only request for increases based on a corresponding increase in the Consumers Price lndex for the local urban market (CP|-U), as established by the United States Bureau of Labor Statistics will be considered. ln the event that the City determines that the requested increase is unsubstantiated, the Contractor agrees to perform all duties at the then current cost terms. Requests for management fee adjustments shall be submitted to the City's Procurement Department. lf the requested adjustment is approved by the City Manager, the Procurement Department will notify the Contractor in writing. RFP 20r s-r 46-WG Poge 30 274 2.Direct Labor Costs. At the beginning of each contract year, or as modified during the year by the City with 72 hour notice to Contractor, the City will stipulate to Contractor the quantity and level (Attendant I or ll) of personnel required at each facility. The number of Attendants I and ll shall be determined by the City. For the agreed to personnel, the City shall reimburse the Contractor for direct labor costs as follows: a. Attendant l. The City shall reimburse the Contractor the cost of Attendant I personnel, on an hourly basis worked, in accordance with the City's then current Living Wage rate, Should the Contractor choose to pay its employees an hourly rate higher than the City's then current Living Wage rate, the City will only be responsible for the applicable Living Wage rate. b. Attendant ll, The City shall reimburse the Contractor the cost of Attendant ll personnel, on an hourly basis worked, in accordance with the following formula: Attendant I Rate + 5% = Attendant ll Rate, Reimbursable Expenses. The Contractor shall submit a proposed Reimbursable Expense Budget to the City 30 days prior to the commencement of each contract year. Prior to the commencement of each contract year, the Contractor and the City shall agree on a budget for reimbursable expenses. On a monthly basis, the successful proposer shall submit to the Parking Department a monthly expense report, certified by an officer of the operator and in the format specified by the City. This report will serve as a summary of the monthly reimbursable expenses, and as a monthly invoice. Only expenses for which proof of payment is provided shall be reimbursed. Only actual expenses shall be reimbursed; and, the use of estimates to substantiate monthly expenses will be prohibited. a. Authorized Reimbursable Expenses. The following services are required and will be included as a reimbursable expense: i. Pgect Manager Annual Salary - Proposer shall provide a full-time on-site Project Manager with experience handling the type of services requested by the City, who will have full authority to act on behalf of the firm. The Project Manager shall be scheduled at the sole and absolute discretion of the City and shall be available to respond to requests from the City, on an as needed basis, 24 hours a day/seven days a week. Prolect Manager's salary shall be approved by the City and should be within the range of $55,000 to $65,000, ii. Payroll taxes, social security, Medicare taxes and other related expenses that Contractor is required to withhold and/or to pay on behalf of Attendant I and ll employees assigned to the City employees. These must be itemized by employee. iii. Government mandated insurance costs for Attendant I and ll employees assigned to the City employees. These must be itemized by employee. RFP 20r 5-r 46-WG Poge 31 275 4. 5. iv. Any training the City deems relevant and appropriate in its sole discretion. v. Motorist Assistance Program (MAP) which includes but is not limited to flat tire assistance/repair, lock-out; fuel; battery jump start, and/or towing of the vehicle to a service facility. vi. Cardio Pulmonary Resuscitation (CPR) Certification for all contract personnel, vii. Mystery Shopper Reporting - An independent third party to perform a minimum of ten (10) "Shopper" reports per month, system-wide. A sample "Shopper" survey must be included in the Firm's proposal. Shopper reports must specify that these are actual customers and must be documented visits to one of the facilities where labor is provided. Telephone calls for information or visits/interaction with city staff is not permitted. viii. Other expenses requested or approved by the City for items not included in the management fee, including (but not limited to): uniforms; dedicated vehicle; gas and maintenance for dedicated vehicle; supplies utilized on City facilities; signs, ADDITIONAL SERVICES. Services not specifically identified in this request may be added to, or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties, and approval by the City Manager. PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. lt is the responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the Successful Contractor, its employees or agents. CONT!NUITY OF SERVICES. (a)The Contractor recognizes that the services under this contract are vital to the City and must be continued without interruption and that, upon contract expiration, a successor, either the City or another contractor, may continue them, The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor, (b)The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Office/s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. 6. RFP 20r 5-r 46-WG Poge 32 276 7. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract, The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. lf selected employees are agreeable to the change, the Contractor shall release them to the successor at the contract transition date mandated by the City. THIRD PARTY FIDELITY BOND, Third Party Fidelity Bond in the amount of $500,000.00 will be required of the Successful Proposer. The Fidelity Bond shall be renewable annually and on the options. The form of the bond shall be approved by the City Attorney and shall be a corporate surety bond company licensed to do business in the State of Florida. The City of Miami Beach must be included as the oblige for this bond, RFP 20r 5-r 46-WG Poge 33 277 APPENDIX E MIAMIBEACH Cost Proposol Form 2015-1 46-WG PARKING ATTENDANTS FOR CITY PARKING GARAGES PROCUREMENT DIVISION 1700 Convention Center Drive Miomi Beoch, Florido 33.l39 RFP 20r 5-r 46-WG Poge 34 278 APPENDIX E COST PROPOSAL FORM Proposer affirms that the prices stated on this form represents the entire cost of the items, except as otherwise allowed in this RFP, in full accordance with the requirements of this RFP, 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. This Cost Proposal Form shall be completed mechanically or, if manually, in ink. Proposal Tender Form completed in pencil shall be deemed non-responsive. All corrections shall be initialed. MANAGEMENT FEE PROPOSAL * The Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: RFP 20r 5-r 46-WG Poge 35 279 APPENDIX F 4 MIAMIBEACH I nsuro nce Requirements 2015-1 46-WG PARKING ATTENDANTS FOR CITY PARKING GARAGES PROCUREMENT DIVISION 1700 Convention Center Drive Miomi Beoch, Florido 33.l39 RFP 20r 5-r 46-WG Poge 36 280 g MIAMIBTACH INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3'd Floor, Miami, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability lnsurance on a comprehensive basis, including Personal lnjury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A" as to management, and no less than "Class Vll" as to financial strength, by the latest edition of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All lnsurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of lnsurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 17OO CONVENTION CENTER DRIVE 3RD FLOOR MIAM! BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. RFP 20r 5-r 46-WG Poge 37 281