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LTC 009-2008 RFP 11-07/08 to Provide Parking Staff for CMB Parking System m MiAMIBEACH OFFICE OF THE CITY MANAGER NO. LTC # 009-2008 To: Commissioner Jonah Wolfson From: Jorge M. Gonzalez City Manager Date: January 9, 2008 2008 JAN -9 Pti 3~ 3 i CITY CL~fK`S Gf"f fC~: LETTER TO COMMISSION Subject: REQUEST FOR PROPOSALS (RFP) NO. 11- 07/08, TO PROVIDE PARKING CASHIERS, ATTENDANTS, AND SUPERVISORS FOR THE CITY OF MIAMI BEACH PARKING SYSTEM. As per your request, attached please find the above subject RFP that has been issued today. Please note the following RFP schedule: 1. APre-Proposal Submission Meeting is scheduled for January 22, 2008 at 11:00 am at the following address: City of Miami Beach City Hall - 4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 2. An original and ten (10) copies of complete Proposals must be received no later than 3:00 pm on February 15, 2008. 3. An Evaluation Committee is anticipated to convene on February 22, 2008. I will distribute the names of the individuals that I am considering for appointment to the Evaluation Committee via Letter to Commission (LTC). 4. I would expect to present to the commission our recommendation on the selected firm as soon thereafter as possible. Pursuant to the requirements of the City's Cone of Silence Ordinance, all prospective bidders/proposers have been informed that the contact person for this RFP is Gus Lopez, Procurement Director. Communications between a proposer, bidder, lobbyist, and/or consultant and the Procurement Director are limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Director, and a copy to the City Clerk. All prospective bidders/proposers will be advised that oral communications between the proposer, or their representatives, and the Mayor and City Commissioners and their respective staff, or members of the City's Administrative staff (including but not limited to the City Manager and my staff), or evaluation committee members, is prohibited. As always, please do not hesitate to call on me for additional information. C: Mayor Matti H. Bower Members of the City Commission Jose Smith, City Attorney Robert Parcher, City Clerk Executive Staff (without attachment) Management Team (without attachment) F:\PURC\$ALL\GUS\LTC\Parking RFP.doc REQUEST FOR PROPOSALS TO PROVIDE PARKING CASHIERS, ATTENDANTS, AND SUPERVISORS FOR THE CITY OF MIAMI BEACH PARKING SYSTEM RFP # 1 1- 07/08 PROPOSAL DUE DATE: February 15, 2008 at 3:00 PM GUS LOPEZ, PROCUREMENT DIRECTOR PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, FL 33139 guslopezC miamibeachfl.gov F:\PURC\$ALl\GUS\RFP\PARKING RFP\RFP for Parking Cashiers Attendants etc .doc 01/08/08 RFP No: 11-07/08 City of Miami Beach 1 of 44 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673-7490, Fax: 786-394-4007 REQUEST FOR PROPOSALS (RFP) NO. 11- 07/08, TO PROVIDE PARKING CASHIERS, ATTENDANTS, AND SUPERVISORS FOR THE CITY OF MIAMI BEACH PARKING SYSTEM The City of Miami Beach is soliciting responses from Proposers for providing parking cashiers, attendants, and supervisors for the City of Miami Beach Parking System. The City contemplates entering into an agreement with the successful Proposer, for an initial year term of three (3) years, with two (2) one-year renewal options, to be exercised at the City's sole discretion. Sealed Proposals will be received until 3:00 PM on February 15, 2008 at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any Proposal received after 3:00 PM on February 15, 2008 will be returned to the Proposer unopened. The responsibility for submitting Proposals before the stated time and date is solely the responsibility of the Proposer. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Submission Meeting is scheduled for January 22, 2008, 11:00 am at the following address: City of Miami Beach City Hall - 4th Floor 1700 Convention Center Drive City Manager's Large Conference Room Miami Beach, Florida 33139 Attendance (in person or via telephone) to this Pre-Proposal Submission Meeting 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) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). 01/08/08 RFP No: 11-07/08 City of Miami Beach 2 of 44 Proposers who are interested in participating via telephone, please send an a-mail to guslopez@miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City of Miami Beach is using RFP Depot, a central notification system which provides bid notification services to interested vendors. RFP Depot allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.rfpdepot.com. If you do not have Internet access, please call the RFP Depot's vendor support group at 801-765-9245. The City of Miami Beach has also contracted with BidNet and is utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI BEACH, OR WAIVE ANY INFORMALITY IN ANY PROPOSAL. THE CITY OF MIAMI BEACH MAY ALSO REJECT ANY AND ALL PROPOSALS. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp • CONE OF SILENCE --ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS -ORDINANCE NO. 2003-3389. • EQUAL BENEFITS ORDINANCE -ORDINANCE NO. 2005-3494. • LIVING WAGE REQUIREMENT --ORDINANCE NO. 2001-3301. Sincerely, ~~--_.. Gus Lopez, CPPO Procurement Director 01/08/08 RFP No: 11-07!08 City of Miami Beach 3 of 44 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 786394- 4007 RFP No. 11- 07/08 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a Proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our Company does not handle this type of product/service. We cannot provide the services requested in the scope of services. Our Company is simply not interested in bidding at this time. Due to prior commitments, I was unable to submit a proposal. OTHER. (Please specify) We do do not want to be retained on your mailing list for future Request for Proposals (RFPs) for similar services outlined in this RFP. Signature: Title: Company: Note: Failure to respond, either by submitting a Proposal or this completed form, may result in your company being removed from the City's bid list. 01/08/08 RFP No: 11-07/08 City of Miami Beach 4 of 44 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394- 4007 TABLE OF CONTENTS PAGE OVERVIEW AND PROPOSAL PROCEDURES 6-12 II. SCOPE OF SERVICES 13-17 III. PROPOSAL FORMAT 18-20 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 21-22 V. SPECIAL TERMS AND CONDITIONS- INSURANCE . 23 VI. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY WITH PROPOSAL SUBMISSION -All items outlined as required under Proposal Format (Section 111) And Scope of Services/Specifications (Section II) -Signed Insurance Checklist 24 -Proposer Information 25 -Acknowledgment of Addenda 26 -Declaration 27 -Sworn Statement/Section 287.133(3) (a), Florida Statutes - Public Entity Crimes 28-29 - Questionnaire 30-33 - Declaration: Nondiscrimination in Contracts and Benefits 34-36 - Reasonable Measures Application (If Applicable) 37-38 - Substantial Compliance (If Applicable) 39-41 - Living Wage Certification 42 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 43 -Performance Evaluation Survey 44 01/08/08 RFP No: 11-07/08 City of Miami Beach 5 of 44 SECTION I -OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION I BACKGROUND The City of Miami Beach Parking Department (the Department) has collaborated with private industry and, through a partial privatization of services, accomplished a "partnership approach" to managing its parking facilities. The Department has been very successful using the concept of private sector expertise with public sector oversight. The Department has a management team in place consisting of an Assistant Director (Project Manager), an Operations Manager, and five (5) facility supervisors, all of who are employed by the City. The City's existing contract for cashiers, attendants, and supervisors will expire upon January 3, 2008, and (pursuant to City Resolution No. 2007-26731) has been extended on a month-to-month term until such time that a new contract is awarded by the Mayor and City Commission as a result of this RFP. This necessitates a competitive bidding process, vis-a-vis the issuance of this RFP, in order to acquire the services outlined in Section II hereof, entitled "Scope of Services". At its December 12, 2007 meeting, pursuant to Resolution No. 2007-26731, the Mayor and City Commission authorized the Administration to issue this Request for Proposals (RFP) for parking cashiers, attendants, and supervisors for the City of Miami Beach Parking System. Additionally, at that time, the Mayor and City Commission (and their respective staff), and the City Administration (and its respective staff), instituted and agreed to be bound by the City's Cone of Silence Ordinance (as codified in Section 2-486 of the City Code), with said "cone" to be effective as of December 12, 2007. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued Pre-Proposal Submission Meeting Deadline for receipt of questions Deadline for receipt of Proposals Evaluation Committee meeting City Commission approval Contract negotiations Projected contract start date January 8, 2008 January 22, 2008 January 29, 2008 February 15, 2008 at 3:00 pm February 22, 2008 March 12, 2008 March, 2008 April 1, 2008 C. PROPOSAL SUBMISSION An original and ten (10) copies of complete Proposals must be received no later than 3:00 pm on February 15, 2008, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, telephone number, RFP number and title, and due date. No facsimile, electronic, or a-mail responses will be considered. 01/08!08 RFP No: 11-07/08 City of Miami Beach 6 of 44 The responsibility for submitting Proposals to the Procurement Division on or before the stated time and date will be solely and strictly that of the Proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any other occurrence. Proposals received after the RFP due date and time will not be accepted and will not be considered. D. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS Proposers are advised that this RFP and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners" (the "Ordinance"). The Ordinance applies to all employees of a Contractor who works within the city limits of the City of Miami Beach, and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All Proposers shall complete and return, with their Proposal, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Proposer certifies that it does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Proposers may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that: a. The Proposer shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed; AND. b. The Proposer shall complete and return the "Substantial Compliance Authorization Form" contained herein. It is important to note that Proposer is considered in compliance if Proposer provides benefits neither to employees' spouses nor to employees' Domestic Partners. E. LIVING WAGE REQUIREMENT Pursuant to the City of Miami Beach Living Wage Ordinance, as codified in Chapter 2, Division 6, Sections 2-407 thru 2-410 of the City Code, all service groups or individuals, entering into a contract with the City shall pay to all its employees, a living wage of not less than $8.56 an hour with health benefits, or a living wage of not less than $9.81 an hour without health benefits. For a covered employer to comply with the living wage provision by choosing to pay the lower wage scale ($8.56/hour) when a covered employer also provides health benefits, such health benefits shall consist of payment of at least $1.25 per hour toward the provision of health benefits for covered employees and their dependents. 01/08/08 RFP No: 11-07/08 City of Miami Beach 7 of 44 F. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting is scheduled for January 22, 2008 at 11:00 am at the following address: City of Miami Beach City Hall - 4th 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-RFP Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers, who are interested in participating via telephone, please send an a-mail to the contact person listed below, expressing your intent to participate via telephone. G. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is Gus Lopez, Procurement Director, who may be reached by phone: 305-673-7490; fax 786-394-4007; or a-mail: guslopez miamibeachfl.gov. Communications between a Proposer, bidder, lobbyist, and/or consultant and the Procurement Director are limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Division. Facsimile or a-mail requests are acceptable. Please send all questions to guslopez .miamibecahfl.g_ov and copy the City Clerk's Office RobertParcherCc~miamibeachfl.gov no later than the date specified in the RFP timetable. The Procurement Division will issue replies to inquiries and any other corrections or amendments, as it deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations, other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. Proposers are advised that oral communications between the Proposer, or their representatives, and the Mayor and City Commissioners and their respective staff, or members of the City's Administrative staff (including but not limited to the City Manager and his staff), or evaluation committee members, is prohibited. H. MODIFICATIONNVITHDRAWALS 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. 01/08/08 RFP No: 11-07/08 City of Miami Beach 8 of 44 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. I. RFP POSTPONEMENTICANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposer and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered; which exceptions and alternatives shall be included and clearly delineated in Proposer's submittal response. The City, at its sole and absolute discretion, may accept or reject any or all exceptions. In cases in which exceptions are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP which Proposer takes exception to (as said term and/or condition was originally set forth on the RFP). L. SUNSHINE LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Proposals, in compliance with Chapter 286, Florida Statutes (the Florida "Government in the Sunshine Law"). M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the top-ranked Proposer, and/or successful Proposer (following authorization of negotiations by the City). Notwithstanding the preceding, the City is in no way obligated to enter. into a contract with the top-ranked and/or successful Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposer's that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protest(s) not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 01/08/08 RFP No: 11-07/08 City of Miami Beach 9 of 44 O. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following award by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, within 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. R. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws, as amended from time to time. Proposers shall ensure that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. S. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such 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. T. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 01/06/08 RFP No: 11-07/08 City of Miami Beach 10 of 44 U. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. V. CONE OF SILENCE Proposers are hereby advised that this RFP is subject to the City's Cone of Silence requirements, as set forth in Section 2-486 of the City Code. W. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is subject to the City's Debarment Ordinance (Ordinance No. 200-3234), as codified in Section 2-397 through 2-406 of the City Code. X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all 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, as amended from time to time. Proposers shall insure 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. Note to Proposers: Proposers are hereby advised that, at its December 12, 2007 meeting, the Mayor and City Commission directed the City Administration to prepare an amendment or amendments to the City's Campaign Finance Reform laws which would entail expanding the definitions therein of the terms "Vendor" and "Contribution." While it is not anticipated that the aforestated amendment(s) will be considered and, if approved, adopted by the City Commission prior the opening date for Proposals herein, said amendment(s) (if approved) may take effect by the time of, or following, execution of a contract between the successful Proposer and the City and, accordingly, shall apply to (and be legally binding upon) said Proposer and the contract. Any requests for further information and/or other questions with regard to the status of the proposed amendment(s) should be made in writing to the Procurement Director by facsimile (786.394.4007), or a-mail (guslopez@miamibeachfl.gov). Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 01/08/08 RFP No: 11-07/08 City of Miami Beach 11 of 44 Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information. on ADA compliance, please call Robert Halfhill, Public Works Department, at 305-673-7631. AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 01/08/08 RFP No: 11-07/08 City of Miami Beach 12 of a4 SECTION II -- SCOPE OF SERVICES The City of Miami Beach is actively seeking proposals from qualified parking companies/operators to supply trained parking cashiers, attendants, and supervisors for the City of Miami Beach Parking System, in accordance with the terms, conditions, and specifications contained in this Request for Proposals. A. INTENT It is the intent of the City to enter into a three (3) year Agreement with the successful Proposer to provide the necessary labor pool of cashiers, attendants, and supervisors for the City operated cashiered/attended parking facilities, with an option for an additional two (2) one-year renewal terms, at the sole discretion of the City. B. RESPONSIBILITY OF THE PROPOSER The successful Proposer shall be responsible for the following: To provide trained and uniformed parking cashiers, attendants, and supervisors at each of the designated parking facilities, Monday through Sunday, including holidays and during special events. The parking facilities are located at: A. 7th Street & Collins Avenue Garage (24 hours per day) B. 17th Street Garage (24 hours per day) C. 13th Street Garage (24 hours per day) D. 42nd Street Garage (12 hours per day) E. 12th Street 8 Drexel Garage (24 hours per day) F. .17th Street & Washington Ave Surface Parking Lots (16 hours per day) G. Preferred Parking Surface Lot (Convention Center Lot/180 days per year) H. Anchor Garage (16th Street and Collins Avenue/24 Hours per day) I. Municipal surface parking lots during special events and/or seasonally) 2. The parking cashiers, attendants, and supervisors must: A. Maintain a neat, well-groomed appearance at all times. B. Collect parking fees, validate tickets, and perform related duties. C. Provide financial and ticket reports at the conclusion of each shift, to the satisfaction of the City. D. Submit monies representative of the shift's activity to the shift/facility supervisor, and assist in the recordation and deposit of the daily shift cash receipts. E. 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. F. Provide directions and general information to the public. 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 staff. I. Perform all other related duties as assigned by the City. J. All cashiers, attendants, and supervisors shall be qualified to complete all required cash and ticket reports. Such qualification shall be to ensure the accurate and complete recordation of such reports. Ability to add, subtract, multiply, and divide in a consistent and accurate manner is essential. K. All cashiers, attendants, and supervisors must be trained in CPR and 01/08!08 RFP No: 11-07/08 City of Miami Beach 13 of 44 emergency procedures. L. All cashiers, attendants, and supervisors are required to know City parking policies pertinent to: 1. Monthly Parking Program 2. City Decals and Permit Parkers 3. Special Event Parking 4. Parking Meter Smart Card Program 5. Hotel Hang-Tag Program; and 6. Any and all other programs implemented by the City M. All cashiers, attendants, and supervisors must be familiar with the location, hours of operation, and rates of all City parking facilities. N. All cashier, attendants, and supervisors will be trained in operating Federal APD revenue control equipment. O. The City shall require that all such training shall be completed no later than the commencement date of contract. In the event the successful Proposer has not completed said training, extensions may be given, in writing, at the sole and absolute discretion. Any training as well as familiarization with the City's Parking Policies and Procedures shall be the successful Proposer's sole responsibility and shall be done at its sole cost and expense. 3. The successful Proposer shall provide and require its employees to wear a uniform: Sport/polo shirt or collared shirt (no t-shirts), dark pants, shorts or skirt. The Proposer'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. The successful Proposer must include its name on the badge or uniform. The City reserves the right for final approval of the uniform selected by the successful Proposer. 4. The successful Proposer shall provide afull-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 Proposer. The successful Proposer will also provide one (1) trained working supervisor per location, as requested on each shift. The responsibilities of the supervisors will be: a. Attendance verification: Verify at the beginning of each shift that all booths are staffed. If personnel are absent or call in sick, it is the responsibility of the supervisor to replace the parking cashier immediately. The supervisor shall issue a bank for each cashier/attendant per shift. b. Scheduling of shift locations and replacements for daily and weekly schedule and scheduling for vacations and emergencies. c. The shift supervisor(s) shall be an employee of the successful Proposer and shall serve as the City contact for any problems or questions during each shift. d. Provide required assistance to parking cashiers and attendants during shift closeout procedures. Prepare all deposits for shift cash receipts as required by the City. e. Perform the duties of a parking cashier and/or attendant. f. Perform related duties as requested by City staff. 5. The successful Proposer shall schedule monthly performance meetings with City management to review performance issues. 6. The successful Proposer shall notify the City of a 24 hour contact via telephone 01/08/08 RFP No: 11-07/08 City of Miami Beach 14 of 44 and/or pager. A minimum of two contact names must remain on file with the City at all times. 7. The successful Proposer shall respond to any complaint received from the general public or the City of Miami Beach, in writing, within 24 hours of receipt of complaint. 8. All training of new personnel will be the sole responsibility of the successful Proposer. The successful Proposer will provide written rules of conduct for its personnel. All rules of conduct for the successful Proposer must be .approved by the City. 9. The successful Proposer 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. 10. All employees of the successful Proposer shall be bonded and insured. Smoking and/or eating on the job or in a parking facility is strictly prohibited. 11. The successful Proposer must supply a $100.00 bank for each 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 one-dollar bills and two rolls of quarters will be required. 12. The successful Proposer shall maintain a trained and courteous workforce. 13. The successful Proposer shall ensure that each cashier booth and facility office is equipped with the following: A. City of Miami Beach Parking Guide B. Chamber of Commerce Visitor Guide C. City of Miami Beach ELECTROWAVE Guide D. Any other materials provided by the City. 14. The successful Proposer shall be responsible for any cash shortages 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 to the Proposer. 15. The successful Proposer shall provide continuous and on-going procedural and equipment training to its employees assigned to the City. The successful Proposer shall provide a roster of all trained employees to the City. Employees receiving training at the City's parking facilities must be scheduled to work at City parking facilities, at a minimum of fifty percent (50%) of their total weekly hours. Under no circumstances is the successful Proposer to train employees at City parking facilities and relocate the employee to another contract or client for any period of time without the expressed written consent of the City. 16. The successful Proposer shall provide sufficient vehicles, as required by the City, for its employees to ensure the effective and efficient transport of cashiers, attendants, and supervisors to assigned locations throughout all shifts. 17. The successful Proposer shall perform a background check, in such manner and form as shall be approved by the City, on all of its employees, including psychological and/or aptitude examinations as part of their employment process. The employee must agree to submit to the successful completion of all required background checks and any other screening processes as a condition of his/her employment, within the first thirty (30) days of said employment. The successful Proposer may also be required to conduct other screening and/or investigative measures, at the request of the City. 01!08108 RFP No: 11-07/08 City of Miami Beach 15 of 44 C. RESPONSIBILITY OF THE CITY The City shall be responsible for the following: 1. The City will provide a clean and safe workplace. 2. The City has the right to refuse any personnel supplied by the successful Proposer. Any person employed by the successful Proposer who the City 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. 3. The City shall make every effort to notify the successful Proposer in writing of any special events and their specific parking requirements at least one week (seven calendar days) prior to commencement of the event. 4. The City shall provide the successful Proposer with a calendar of events at the City of Miami Beach Convention Center, The Fillmore Miami Beach at the Jackie Gleason Theater, and the Lincoln Theatre. The City shall also provide the successful Proposer with a copy of the City of Miami Beach annual calendar. 5. The City shall provide a comprehensive list of events requiring the staffing of surface parking lots (See Attachment A). 6. The City shall continuously work with the successful Proposer to assure that residents and visitors are served in an efficient, professional, and courteous manner. 7. The City shall provide in-service training to the entire successful Proposer's employees assigned to the City parking facilities. 8. The City reserves the right to require the successful Proposer to conduct investigative measures, including, audits, and/or surveillance, to ensure the integrity of the system and of its employees. 9. The City will at no time be responsible for any and all overtime payroll expense incurred by the successful Proposer. D. PERFORMANCE STANDARDS Absenteeism/Attendance: Failure to maintain a daily attendance record of 90% of the scheduled cashiers, attendants, and/or supervisors at each respective facility shall be deemed as non- performance on the part of the successful Proposer, and shall be subject to a penalty consistent with the dollar value of the duration of time that the employee(s) were absent or $100.00, whichever is greater, as liquidated damages. The value shall be based on the hourly rate assessed to the City. For example, a cashier fails to appear fora 9 AM to 9 PM shift and he/she has a contract hourly rate of $12.00. The liquidated damage for this instance is $144.00 ($12.00 per hour times 12 hours). This formula is based on reduced service levels that the City must absorb by compensating with the reallocation of labor from other duties and/or facilities. Absenteeism/attendance shall be defined as the number of cashiers, attendants, and/or supervisors scheduled in any facility at the start of any shift. 2. Uniforms/Name-tags: All employees must be in full uniform with their respective name-tag at the start of their shift. Failure to do so may result in a request to replace said employee with one in full uniform/name-tag. The successful Proposer's failure to produce a replacement may trigger Performance Standard No. 1 above and an assessment of liquidated damages. 01/08/08 RFP No: 11-07/08 City of Miami Beach 16 of 44 3. Customer Service/Conduct: All employees must comport themselves in a respectful and courteous manner when addressing the public/customers. Conduct unbecoming shall include: 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. Failure of the successful Proposer to do so may trigger Performance Standard No. 1 and an assessment of liquidated damages. 4. Most Favored Customer: The successful Proposer warrants and represents that the prices, warranties, benefits and terms set forth in its Proposal and contract are at least equal to or more favorable to the City than the prices, warranties, benefits and terms now charged or offered by the successful Proposer, or that may be charged or offered during the term of the contract for the same or substantially similar services, as defined in this RFP. If at any time during the term of the contract, the successful Proposer enters into an agreement on a basis that provides prices, warranties, benefits and terms more favorable than those provided the City, then the successful Proposer shall within thirty (30) calendar days thereafter notify 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 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. If the successful Proposer is of the opinion that an apparently more favorable price, warranty, benefit or term of the contract is not in fact more favored treatment, the successful Proposer will promptly notify the City in writing, setting forth in detail the reasons that the successful Proposer believes said apparently more favored treatment is not in fact more favored treatment. The City after due consideration of such written explanation may decline to accept such explanation and thereupon the contract shall be deemed to be automatically amended effective retroactively to the effective date of the more favorable agreement, provide the same prices, warranties, benefits and terms to the City. 01/08/08 RFP No: 11-07/08 City of Miami Beach 17 of 44 SECTION III -PROPOSAL FORMAT/ MINIMUM REQUIRMENTS Proposals must contain the following documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the Proposal shall be deemed non-responsive.. The City will not accept fee/cost information after deadline for receipt of Proposals. 1. Table of Contents Outline in sequential order the major areas of the Proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposers must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter: outlining the Proposer's professional specialization; provide past experience to support the qualifications of the Proposer. b) Proposer's must provide documentation: Proposer's shall submit such supporting documentation as they deem necessary to demonstrate the capability to provide and implement the services that provide evidence as to the capability to provide and implement the services as outlined in this RFP. c) References: List at least five (5) client references, to include contact name, title, company, address, telephone number, a-mail address, fax number. d) Qualifications of Proposer/ Management Team and Key Personnel: Outline in detail the experience and qualifications of the Proposers entity, and the Proposer's management team, in providing similar .projects/programs as the one proposed in this RFP. Provide an organizational chart of all personnel and consultants to be used on this project/program and their qualifications. Aresume of each individual, including education, experience, and any other pertinent information, shall be included for each team member to be assigned to this project/program. e) Past Performance Client Survey Information: Past performance information will be collected on all Proposers. Proposers are required to identify and submit their best projects. Proposers will be required to send out Performance Evaluation Surveys to each of their clients. Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 43 and 44, and request that your client submit the completed survey to Gus Lopez, at (Fax) 786-394-4007 or (e-mail) guslopez@miamibeachfl.gov. The Citv will not accept Client Survevs sent to the Procurement Division from the office of the Proposer. Survevs must be sent to the Procurement Division directly from your client's officels). Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and successful Proposer any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. 01/08/08 RFP No: 11-07/08 City of Miami Beach 18 of 44 g) Methodology and Approach The Proposer must specifically describe its Proposal methodology and approach for the management and operation of the parking facilities. Proposer must address their recruitment plan to include how employees will be retained. Excellent customer service is essential. The Proposer must describe its approach to addressing unique needs, responding to complaints, and evaluating customer satisfaction. h) Hourly Billing Rates: Hourly Billing Rates for cashiers, attendants, and supervisors, for all parking facilities must be submitted with Proposal. Notwithstanding any billing rates submitted, the City reserves the right to further negotiate same with the successful Proposer. i) Minimum Requirement/Qualification: A. The Proposers shall have a record of satisfactory performance in the past three consecutive years providing trained cashiers/attendants and supervisors with experience in self-parking operations at surface parking lots and garages with gated parking revenue control equipment to a public agency and/or private concern. B. The Proposers shall be fully licensed in the state of Florida to perform the work described herein. C. List the present contracts held and contracts previously held during the past three years, specifically listing any similar contracts held. Identify the firm/organization, type of labor furnished, contact person, address, phone number, length of time contract held and total dollar amount of the contracts listed. D. Describe in detail the daily oversight of your attendants/cashiers and supervisors; contract management best practices; how you measure your staffs performance; and how you hold staff (at each and every level) accountable. E. Each Proposer is required, before submitting a proposal, to examine carefully the requirements set forth in this document and to be familiar with all the terms and conditions that are contained within this RFP. The Proposer shall submit the following detailed information with the proposal: Describe your approach to the project and your management plan for both regularly attended facilities/garages and special event staffing. Include your staffing strategies, implementation of the contract, training, supervision and continued support throughout the year. 01/08/08 RFP No: 11-07/08 City of Miami Beach 19 of 44 Describe your plan in detail for recruiting, training, and retaining cashiers/attendants and supervisors. 2. A brief history of the company, name(s) of owner and principal(s) and number of years in business. Include the location(s) of the offices. 3. The number of employees that are employed by your Firm /Company on a full-time and part-time basis. Describe your active trained work pool that can be immediately deployed. 4. Number of personnel on file for each type of work. Example: Clerical: 58, Manual labor: 37, etc. 5. Provide the hourly billing rate for a parking cashier/attendant and the hourly billing rate for ashift/facility supervisor. Include any and all other costs associated with this project that shall be borne by the City. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. 4. Any other Documents Required by this RFP. 01/08/08 RFP No: 11-07/08 City of Miami Beach 20 of 44 SECTION IV -EVALUATION/SELECTION PROCESS The procedure for Proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of Proposals. 3. Opening of Proposals and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the Proposal or Proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 6. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: Evaluation Criteria: Weight Experience and Qualifications of the Proposer 20 pts :Experience and Qualifications of Management Team and Key Personnel 10 pts Hourly Billing Rates 40 pts Methodology and Approach 15 pts Past Performance (based on surveys and the Administration's due diligence) 15 pts Total 100 pts 7. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the Mayor and Commission the Proposal or Proposals acceptance of which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Manager's recommendation(s) as it deems appropriate and may: approve the City Manager's recommendation(s); make its own recommendation(s); reject all Proposals; or may prescribe such other action, as it deems necessary and in the best interest of the City. 9. Following recommendation of award by the City Commission, negotiations between the selected Proposers and the City Administration take place to arrive at a contract. If the Mayor and Commission has so directed, the City Manager may proceed to negotiate a contract with a Proposer other than the top-ranked Proposer if the negotiations with the top-ranked Proposer fail to produce a mutually acceptable contract within a reasonable period of time. 10. A proposed contract (or contracts) is presented to the Mayor and Commission for approval, modification and approval, or rejection. 11. If and when a contract (or contracts) acceptable to the respective parties is approved by the Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected Proposers) has (or have) done so. 01/08/08 RFP No: 11-07/08 City of Miami Beach 21 of 44 By submitting a Proposal, all Proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. 01/08/08 RFP No: 11-07/08 City of Miami Beach 22 of 44 SECTION V -SPECIAL TERMS AND CONDITIONS: INSURANCE INSURANCE: The successful Proposer shall obtain, provide and maintain during the term of the contract the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold, harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancies of Proposer outside the proposed contract, Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: The successful Proposer's failure to procure or maintain required the insurance program shall constitute a material breach of the contract by which City may immediately terminate same. 01/08/08 RFP No: 11-07/08 City of Miami Beach 23 of 44 INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4. The City must be named as an additional insured on the liability policies; and it must be stated on the certificate. 5. Thirty (30) days written cancellation notice required. 6. Best's guide rating B+: VI or better, latest edition. 7. The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract by which the City may immediately terminate same. For Proposer/ Print Name /Title Signature of Proposer 01 /OS/OB City of Miami Beach RFP No: 11-07/08 24 of 44 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Printed: Address: City/State: Telephone: Fax: E-mail: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a Proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and signed by both parties. For Proposer: (Authorized Signature) (Date) (Printed Name) 01/08/08 RFP No: 11-07/08 City of Miami Beach 25 of 44 CACKNOWLEDGEMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: 11-07/08: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Proposer -Name Signature Date Date 01/08/08 RFP No: 11-07/08 City of Miami Beach 26 of 44 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2008. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFP No. 11-07/08 WITNESS PRINTED NAME WITNESS PRINTED NAME 01 /OB/OB City of Miami Beach PROPOSER SIGNATURE PRINTED NAME TITLE RFP No: 1 t-07/08 27 of 44 SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to [print name of public entity] By [print individual's name and title] For [print name of entity submitting sworn statement] Whose business address is And (if applicable) its Federal Employer Identification Number (FEIN) is (If the Entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in Paragraph 287.133(1)(8), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in 01/08/08 RFP No: 11-07/08 City of Miami Beach 28 of 44 statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in neither the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of , 2008 Personally known OR Produced identification Notary Public -State of (Type of Identification) My commission expires (Printed typed or stamped Commissioned name of Notary Public) 01/08/08 RFP No: 11-07/08 City of Miami Beach 29 of 44 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: 01/08/08 RFP No: 11-07/08 City of Miami Beach 30 of 44 Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 2. Have any agreements held by Proposer for a project ever been canceled? Yes () No ( ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible bidder/proposer, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes () No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP and Qualification Form have ( )have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) 01/08/08 RFP No: 11-07/08 City of Miami Beach 31 of 44 completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. 01/08/08 RFP No: 11-07108 City of Miami Beach 32 of 44 The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the RFP, and such information is warranted by the Proposer to be true and accurate. The Proposer agrees to furnish such additional information, prior to acceptance of any Proposal, relating to the qualifications of the Proposer, as may be requested by the City Manager. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: Secretary Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Print Name 01!08/08 RFP No: 11-07/08 33 of 44 City of Miami Beach ~`'~ ~~ ~. CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Vendor Number (if known): Federal ID or Social Security Number: Fax Number: E-mail: Approximate Number of Employees in the U. S.: (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. Race _Yes _ No Sex _Yes _ No Color _Yes _ No Sexual orientation _Yes _ No Creed _Yes _ No Gender identity (transgender status) _Yes _ No Religion _Yes _ No Domestic partner status _Yes _ No National origin _Yes _ No Marital status _Yes _ No Ancestry _Yes _ No Disability _Yes _ No Age _Yes _ No AIDS/HIV status _Yes _ No Height _Yes _ No Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _ Yes _ No 01/08/08 RFP No: 11-07/08 City of Miami Beach 34 of 44 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _Yes_No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? _ Yes _No ---- *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 26, please continue to Question 2C below. Question 2. (Continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health ^ ^ ^ ^ Dental ^ ^ ^ ^ Vision ^ ^ ^ ^ Retirement (Pension, 401 k ,etc. ^ ^ ^ ^ Bereavement ^ ^ ~ ^ Famil Leave ^ ^ ^ ^ Parental Leave ^ ^ ^ ^ Employee Assistance Pro ram ^ ^ ^ ^ Relocation & Travel ^ ^ ^ ^ Company Discount, Facilities & Events ^ ^ ^ ^ Credit Union ^ ^ ^ ^ Child Care ^ ^ n ^ Other ^ ^ ^ ^ Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable 01/08/08 RFP No: 11-07/08 City of Miami Beach 35 of 44 Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at _ City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title 01!08!08 RFP No: 11-07/08 City of Miami Beach 36 of 44 ~~`~ ~ ~ ~ CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent for employees to whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that 1 am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title Mailing Address of Company City, State, Zip Telephone Number Date 01 /08/08 City of Miami Beach RFP No: 11-07/08 37 of 44 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided. by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits applies: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off. for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. 01/08/08 RFP No: 11-07/08 City of Miami Beach 38 of 44 CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: 01!08!08 RFP No: 11-07/08 City of Miami Beach 39 of 44 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Baraainina Agreements ICBA Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. 01/08/08 RFP No: 11-07/08 City of Miami Beach 40 of 44 For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title Mailing Address of Company City, State, Zip Telephone Number Date 01 /08108 City of Miami Beach RFP No: 11-07!08 41 of 44 LIVING WAGE CERTIFICATION Pursuant to Section 2-408(a)(1) of the Miami Beach City Code, all Service Contractors (as said term is defined in the City's Living Wages Ordinance, as codified in Sections 2-407 through 2-410 of the City Code), entering into a contract with the City of Miami Beach shall pay to all its employees who provide services covered by the Living Wage Ordinance (Covered Services), a living wage of no less than $8.56 an hour with health benefits, or a living wage of not less than $9.81 an hour without health benefits. Additionally, pursuant to Section 2-408(d) of the Miami Beach City Code, any and all contracts for Covered Services shall be void, and no funds may be released, unless prior to entering into any agreement with the City for a Covered Services contract, the employer certifies to the City that it will pay each of its employees no less than the living wage described above. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum must include the following: a. the name, address, and phone number of the employer, a local contact person, and the specific project for which the Covered Services is sought; b. the amount of the Covered Services contract and the City Department the contract will serve; c. a brief description of the project or service provided; d. a statement of the wage levels for all employees; and e. a commitment to pay all employees a living wage, as defined by Section 2-408 (a) of the Miami Beach City Code. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to comply with the Living Wage Ordinance requirements shall constitute a material breach of the contract by which the City may immediately ,terminate same. I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at Signature Name of Signatory (please print) Title City State Mailing Address City, State, Zip Code 01/08/08 RFP No: 11-07108 City of Miami Beach 42 of 44 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4007 To: Phone: Fax: E-mail: Subject: Performance Evaluation of: Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information pursuant to the submittal of responses to this Request for Proposal (RFP) No. 11-07/08 entitled To Provide Parking Cashiers, Attendants, and Supervisors for the City of Miami Beach Parking System. The information will be used to assist City of Miami Beach in the evaluation of Proposals received in response to the RFP. . The company listed in the subject line has chosen to participate in this RFP. They have listed you as a past client for which they have provided services. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes of your time to complete the accompanying questionnaire. Please review all items in the following document and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Gus Lopez by February 15, 2008 via fax: 786-394- 4007; or email guslopez@miamibeachfl.gov. Thank you for your time and effort. . ~ rte, . , :..... Gus Lopez, CPPO Procurement Director 01/08/08 RFP No: 11-07/08 City of Miami Beach 43 of 44 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786.394-4007 Company Name: Point of Contact: Phone and email: PERFORMANCE EVALUATION SURVEY RFP 11-07/08 Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT Ability to maintain courteous and professional service (1-10) 1 with the ublic. Communication, resolution of discrepancies, (1-10) 2 res onsiveness of ersonnel servicin the account. 3 Res onsiveness to a enc 's riorities for service. 1-10 Overall customer satisfaction and hiring again based on (1-10) 4 erformance comfort level in hirin vendor a ain . Overall Comments: Company providing Referral: Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form via fax to 786-394- 4007 Attn. Gus Lopez, or via a-mail: guslopez@miamibeachfl.gov. 01 /08!08 City of Miami Beach RFP No: 11-07/08 44 of 44