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20150731 AM1r^e. --.@f.-^- 1915.20r5 MIAMIBEACH City Commission Meeting ADDENDUM MATERIAL 1 City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 31,2015 Mayor Philip Levine Vice-Mayor Edward L. Tobin Commissioner Michael Grieco Commissioner Joy Malakoff Comm issioner Micky Steinberg Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visrt us at www.miamibeachft.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Gommission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. ADDENDUM AGENDA Moment Of Silence ln Honor Of Jacqueline Hertz, Great LadyAnd Resident Of Normandy lsland. (Sponsored by Commissioner Michael Grieco) R2 - Competitive Bid RePorts R2A RequestApproval To lssue An Addendum To Request For Proposals (RFP) 2015-178-WG, For Automated Teller Machine (ATM) Services AtVarious City-Owned Facilities, Amending The RFP Revenue Proposal Form. (Procurement) 4. 1 THIS PAGE INTENTIONALLY LEFT BLANK 2 4. AGENDA Moment Of Silence ln Honor Of Jacqueline Hertz, Great Normandy lsland. (Sponsored by Commissioner Michael Grieco) Lady And Resident Of Agenda ttem / 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 COMMISSION ITEM SUMMARY Condensed Title: REQUEST APPROVAL TO ISSUE AN ADDENDUM TO REQUEST FOR PROPOSALS (RFP) 2015-178- wG, FOR AUTOMATED TELLER MACHTNE (ATM) SERVICES AT VARTOUS C|TY-OWNED FACILITTES, AMENDING THE RFP REVENUE PROPOSAL FORM. Item Summary/Recommendation On May 6, 2015, the Mayor and Commission approved the issuance of the subject RFP. Following the issuance of the RFP and the Pre-Proposal meeting held to provide prospective bidders with an opportunity to ask questions regarding any portion of the RFP or its process, the City received concerns from several bidders regarding the format of the Revenue Proposal Form included in the RFP. Primarily, the concerns arose from the current Revenue Proposal Form which requires bidders to provide both an annual minimum guarantee and a revenue share to the City. The Revenue Proposal Form states that annual minimum guarantee plus the revenue sharing proposal is to be added toqether to determine the points that will allocated to each proposer for its revenue proposal. However, the Revenue Proposal Form appears contradictory to the Section 10 (p.27) of the specifications. The Administration has reviewed the concerns raised by bidders and believes that, despite the inadvertent discrepancy, the intention was to allow bidder's to propose a revenue sharing structure based on a percentage of gross sales, with a portion of the revenue to the City to be paid monthly as a minimum guarantee. ln this manner, the City will receive a monthly minimum payment to be supplemented on an annual basis by a "true- up" payment when the City's share of the agreed to revenue sharing proposal exceeds the minimum guarantee. An example of this methodology is noted in the attached memo. When the concerns first arose, staff believed it may have been more prudent to evaluate bidders on the annual minimum guarantee as this is the only amount that will be fixed during the term of the contract. This is due to the City's share of gross revenue fluctuating based on the percentage offered and each bidder's ability to generate revenue. However, after further review, the Administration recommends that bidders be evaluated on the proposed gross revenue share because, although not a guarantee, this amount could end up being significantly higher than the minimum annual guarantee. Therefore, the City Manager recommends releasing and addendum to the RFP amending the revenue proposal form in accordance with the attached to clarify the City's intent that revenue proposal evaluation points are to be allocated to the proposed percentage of revenue to be received by the City. The Administration believes this will result in the best overall financial return for the City. CONCLUSION The City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the issuance of an addendum to the RFP, amending Appendix E, Revenue Proposal Form, of RFP 2015-178-WG, for the lnstallation and Operation of Citywide Automated Teller Machines (ATM) at Various City Owned Facilities. Advisorv Board Recommendation: Financial lnformation : SUuIy\PROCUREMENT JULY 3'1 \RFP 201 AGENDA ITEM R 2A Build And Maintain Prioritv lnfrastructure With Full Accountabili Financial lmpact Summary: All funds will have been previously approved for the described scope of work. Alex Denis, Director Ext # 6641 (s MIAMIBEACH 178-WG A o*'ra -? -31'ti5 MIAMIBEACH City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members oflthe City FROM: Jimmy L. Morales, City Manager DATE: July 31 ,2015 SUBIECT: REQUEST APPROVAL TO ISSUE AN ADDENDUM TO REQUEST FOR PROPOSALS (RFP) 2015-178-WG, FOR AUTOMATED TELLER MACHINE (ATM) SERVTCES AT VARTOUS C|TY-OWNED FAC|L!T|ES, AMENDING THE RFP REVENUE PROPOSAL FORM. ADMIN ISTRATION RECOMMENDATION Approve the issuance of Addendum to the RFP. BACKGROUND On May 6, 2015, the Mayor and Commission approved the issuance of the subject RFP. Following the issuance of the RFP and the Pre-Proposal meeting held to provide prospective bidders with an opportunity to ask questions regarding any portion of the RFP or its process, the City received concerns from several bidders regarding the format of the Revenue Proposal Form included in the RFP. Primarily, the concerns arose from the current Revenue Proposal Form which requires bidders to provide both an annual minimum guarantee and a revenue share to the City. The Revenue Proposal Form states that annual minimum guarantee plus the revenue sharing proposal is to be added toqether to determine the points that will be allocated to each proposer for its revenue proposal. However, the Revenue Proposal Form appears contradictory to the Section 10 (p. 27) of the specifications which states that: During any term of the agreement, if the amount of the annual [City's share of the gross revenue yielded by the operator] is greater than the annual [Minimum Guarantee], then the successfu/ proposer shall pay to the City the difference between the [City's share of the gross revenuel amount and the fMinimum Guarantee] amount. 6 City Commission Memorandum - RFP for lnstallation, Operation, Maintenance, and Management of Automated Teller Machines (ATM) at Vaious City-owned Facilities May 6,2015 Page 2 of 2 The Administration has reviewed the concerns raised by bidders and believes that, despite the inadvertent discrepancy, the intention was to allow bidder's to propose a revenue sharing structure based on a percentage of gross sales, with a portion of the revenue to the City to be paid monthly as a minimum guarantee. ln this manner, the City witl receive a monthly minimum payment to be supplemented on an annual basis by a "true-up" payment when the City's share of the agreed to revenue sharing proposal exceeds the minimum guarantee. An example of this methodology is noted below: Proposed Revenue Share of 50% to the City $250,000 (Assume an Annual Gross Revenue Yield of $5oo,ooo) Proposed Annual Minimum Guarantee $25,000 "True-up" Amount Due to the City on Contract $225,0001 Anniversarv Date $250,000 - $25,000 already paid in monthly installments. When the concerns first arose, staff believed it may have been more prudent to evaluate bidders on the annual minimum guarantee as this is the only amount that will be fixed during the term of the contract. This is due to the City's share of gross revenue fluctuating based on the percentage offered and each bidder's ability to generate revenue. However, after further review, the Administration recommends that bidders be evaluated on the proposed gross revenue share because, although not a guarantee, this amount could end up being significantly higher than the minimum annual guarantee. Therefore, the City Manager recommends releasing and addendum to the RFP amending the revenue proposal form in accordance with the attached to clarify the City's intent that revenue proposal evaluation points are to be allocated to the proposed percentage of revenue to be received by the City. The Administration believes this will result in the best overall financial return for the City. CONCLUSION The City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the issuance of an addendum to the RFP, amending Appendix E, Revenue Proposal Form, of RFP 2015-178-WG, for the lnstallation and Operation of Citywide Automated Teller Machines (ATM) at Various 60tv Owned Facilities. Ikl!^l^5W^lfSJ#R"-Fp 2ols-.r7a-wc rnstaration and operation or Automated r6rer Machines (ArM) at various city-owned Facirities.- ISSUANCE MEMO-doc Page 2 ol 2 7 REVISED APPENDIX E REVENUE 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 Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. Atl conections shall be initialed. tThe Percentage Gross (PG) Revenue to be provided to the City shall be utilized to allocate Cost Points in the Evaluation of Proposals. zThe City Reserves the Right to Negotiate the Minimum Guaranteed Revenue to the City during Contract Negotiations. (c) Total (for point calculation purposes only) (A) Percentage 0f Revenue to City of MiamiBeach (B) Gross Annual Revenue (for point calculation Percentage Of Gross (PG) Transaction/Surcharge Revenue To Be Provided To The Ci Authorized Address: T e: Emailr Authorized 8