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RFPNumber:
Title:
Issue Date/Time:
RFPClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address:
Contracting Officer Facsimile:
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: www.miamiciov.com/procurement
1170387
Shared Motorized Scooter Services
18 -FEB -2020
31 -MAR -2020 @ 13:24:58
Voluntary
February 25, 2020 @ 10:00 AM
444 SW 2nd Avenue, Miami, FL 6th
Floor South Conference Room
March 3, 2020 at 10:00 AM
Griffin, James
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
j griffin@miamigov.com
305-400-5078
Page 1 of 66
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
CELL(Optional) :
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Page 2 of 66
Certifications
Legal Name of Firm:
Proposer's Federal Employer Identification Number:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt/Occupational License Number:
Business Tax Receipt/Occupational License Issuing Agency:
Business Tax Receipt/Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be
responsible for under this contract (a copy of their license(s) must be submitted with your bid response).
If no subcontractor(s) will be utilized, please insert N/A.:
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/19). If no addendum/addenda was/were issued, please insert
N/A.
If Proposer has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Proposer filled out, notarized, and included with its RFP response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Page 3 of 66
Acknowledge that if awarded, Proposer will be required to execute the Professional Services
Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain
clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records,
Upon Termination, #15 Nondiscrimination, and # 23 City Not Liable for Delays) are non-negotiable.
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Request for Proposals (RFP) 1170387
Table of Contents
Termsand Conditions......................................................................................................................................................6
1. General Terms and Conditions..........................................................................................................................6
1.1. GENERAL TERMS AND CONDITIONS.............................................................................................6
2. Special Conditions...........................................................................................................................................39
2.1. PURPOSE.............................................................................................................................................39
2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE............................................................................39
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION..........................................................................................................39
2.4. TERM OF CONTRACT.......................................................................................................................39
2.5. CONDITIONS FOR RENEWAL.........................................................................................................39
2.6. PROPOSER'S MINIMUM QUALIFICATIONS..................................................................................40
2.7. REFERENCES......................................................................................................................................40
2.8. SUBCONTRACTOR(S) OR SUBCONSULTANT(S).........................................................................40
2.9. INSURANCE REQUIREMENTS........................................................................................................40
2.10. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD..........................................43
2.11. PAYMENT AND PERFORMANCE BOND.....................................................................................44
2.12. EXECUTION OF AN AGREEMENT................................................................................................44
2.13. PROJECT MANAGER.......................................................................................................................44
2.14. OPERATING GUIDELINES..............................................................................................................44
2.15. COMPENSATION..............................................................................................................................45
2.16. MOTORIZED SCOOTER TRIP FEE.................................................................................................45
2.17. CONSUMER PRICE INDEX.............................................................................................................47
2.18. WORTHLESS CHECK OR DRAFT..................................................................................................47
2.19. UNAUTHORIZED WORK................................................................................................................47
2.20. REMOVAL OF EMPLOYEES/SUBCONTRACTORS.....................................................................47
2.21. CHANGES/ALTERATIONS..............................................................................................................47
2.22. RECORDS...........................................................................................................................................47
2.23. TRUTH IN NEGOTIATION CERTIFICATE....................................................................................47
2.24. FAILURE TO PERFORM..................................................................................................................48
2.25. TERMINATION.................................................................................................................................48
2.26. ADDITIONAL TERMS AND CONDITIONS...................................................................................48
2.27. ADDITION / DELETION OF FIRMS................................................................................................49
3. Specifications..................................................................................................................................................50
3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................50
4. Submission Requirements...............................................................................................................................60
4.1. SUBMISSION REQUIREMENTS.......................................................................................................60
5. Evaluation Criteria...........................................................................................................................................66
5.1. EVALUATION CRITERIA..................................................................................................................66
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Request for Proposals (RFP) 1170387
Terms and Conditions
1. General Terms and Conditions
I.I. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of a Request for Proposals (RFP), Request for Qualifications
(RFQ), or Request for Letters of Interest (RFLI) pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS, EQUIPMENT OR SERVICES - Any good(s), equipment or services
delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical
inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must
comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event
the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City
reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at
the Contractor's expense. In terms of this Solicitation the use of the word "services" includes without limitation
professional and personal services as that term professional and personal services is defined by the City of Miami
Procurement Ordinance and as set forth in the Definitions Section 18-73 of the City Code.
1.2. ACCEPTANCE OF OFFER -Subject to prior occurrence of all condition's precedent set forth in Section 1.88,
The signed or electronic submission of your solicitation response shall be considered an offer on the part of the
Proposer; such offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the
City of a purchase order or notice to proceed, as applicable. In summation, execution of a Professional Services
Agreement and/or Agreement, approval by a referendum as stated in this RFP, and issuance by the City of a
purchase order, and/or notice to proceed, as applicable.
1.3. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Procurement shall notify all affected Proposers and make available a written
explanation for the rejection. The City also reserves the right to reject:
l .the response of any Proposer who has previously failed to properly perform under the terms and conditions of
a Professional Services Agreement ("PSA") and/or Agreement,
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Request for Proposals (RFP) 1170387
2.Failed to deliver on time contracts of a similar nature,
3. Who is not in a position to perform the requirements defined in this formal solicitation
4. Who has been debarred,
5.Who is on the convicted vendors list,
6.Who is indebted to the City,
7.Who is otherwise determined to be non- responsive or non -responsible.
The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all
responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA -It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the
City's website at: https://imiami.miamigov.com/OA HTML/OA.isp?OAFunc—PON ABSTRACT PAGE
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without the City of Miami's prior written
consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post judgment
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all
reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and
records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination,
excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents,
papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other
pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the
immediate cancellation of this contract by the City. The audit and inspection provisions set forth in Sections 18-100
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Request for Proposals (RFP) 1170387
to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not-for-profit, or
quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all
goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when
permissible by Federal, State, and local laws, rules, and regulations.
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws,
rules, and regulations.
Each governmental, not-for-profit or quasi -governmental entity which uses this Formal Solicitation and resulting
Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from
and make its own payments, determine shipping terms and issue its own exemption certificates as required by the
Successful Proposer.
1.10. AWARD OF CONTRACT:
A.The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket
purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or
addenda.
B.The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Proposer shall be in default of its contractual obligation if
such documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in
default of these contractual requirements, the City, through action taken by the Department of Procurement, will
void its acceptance of the Proposer's Response and may accept the Response from the next lowest responsive,
responsible Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole
discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result
of damages or increased costs sustained as a result of the Proposer's default.
C.The term of the contract shall be specified in one of three documents which shall be issued to the Successful
Proposer. These documents may either be a blanket purchase order, notice of award and/or contract award sheet.
D.The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days
beyond the stated contract term in order to provide City departments with continual service and supplies while a new
contract is being solicited, evaluated, and awarded. If the right is exercised, the City shall notify the Proposer, in
writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days.
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Request for Proposals (RFP) 1170387
Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the
Successful Proposer are in mutual agreement of such extensions.
E.Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
F.An PSA and/or Agreement shall be awarded to the Proposer by the City Commission based upon the minimum
qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to
execute or not execute, as applicable, an PSA and/or Agreement with the Proposer, whichever is determined to be in
the City's best interests. Such PSA and/or Agreement which will be furnished by the City, will contain certain terms
as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. All conditions
precedent identified in Section 1.88 before any Agreement is binding.
L11.BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the
Proposer will accept the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall
forfeit proposal deposit to the City should the City award the contract/agreement to the Proposer and if Proposer
fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal
deposits are returned to unsuccessful Proposers within ten (10) days after the award and Successful Proposer's
acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no
contract has been awarded, all deposits will be returned on demand.
1.12.RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
1.13.BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a PSA and/or Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as
a penalty, but in mitigation of damages sustained. Award may then be negotiated with the next highest ranked
responsive and responsible Proposal most advantageous to the City or all responses may be rejected.
1.14.BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or Proposer catalog numbers are specified, it is for the purpose of establishing the type,
function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to
rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Proposers will submit, with their response, complete sets of necessary data (factory information
sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s)
bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
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Request for Proposals (RFP) 1170387
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a
formal request is made.
1.15.CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event of proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make
available a written explanation for the cancellation.
1.16.CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital
expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its
capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17.CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on
account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18.COLLUSION -Proposer, by submitting a response, certifies that its response is made without previous
understanding, agreement or connection either with any person, firm or corporation submitting a response for the
same items/services or with the City of Miami's Procurement Department or initiating department. The Proposer
certifies that its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is in
compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations
where collusion may have occurred, and the City reserves the right to reject any and all responses where collusion
may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, records keeping, competitive solicitations etc., et. al., as applicable. City and
Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A.Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race,
creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate
of pay or other compensation methods, and training selection.
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B.Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C.The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D.Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E.Uniform Commercial Code (Florida Statutes, Chapter 672).
F.Americans with Disabilities Act of 1990, as amended.
G.National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H.National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
LCity Procurement Ordinance City Code Section 18, Article III.
J.Conflict of Interest, City Code Section 2-611;61.
K.Cone of Silence, City Code Section 18-74.
L.The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M.City Financial Policies, City Code Chapter 18, Article IX.
N.City of Miami Charter Sections 3(f) (iii) and 29-13.
O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V.
P.City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code.
Q.Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws.
R.Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code.
Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, regulations, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
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Request for Proposals (RFP) 1170387
provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs, or RFLIs between, among others:
Potential vendors, service providers, Proposers, lobbyists or consultants and the City's professional staff including,
but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their
respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
Oral communications with the City's Procurement staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations
before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public
presentations made to the Miami City Commission during a duly noticed public meeting; or communications in
writing or by email at any time with any City employee, official or member of the City Commission unless
specifically prohibited by the applicable RFP, RFQ, or RFLI documents (See Section 2.2. of the Special
Conditions); or communications in connection with the collection of industry comments or the performance of
market research regarding a particular RFP, RFQ, or RFLI, by City Procurement staff.
Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made
available to any person upon request. The City shall respond in writing and file a copy with the Office of the City
Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications
may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any
award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same
to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these
provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami -Dade County
Ethics Commission. Proposers should reference Section 18-74 of the City of Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision and Florida municipality, the City of Miami is subject to
the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best of
their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested,
directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on
the part of the Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the
name of any City employee (or former employee of the City who left City service within the past two (2) years) who
owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the
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Proposer's firm.
A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within
their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer
may not disclose or use information not available to members of the general public and gained by reason of their
position, except for information relating exclusively to governmental practices, for their personal gain or benefit or
for the personal gain or benefit of any other person or business entity.
B.Proposer who is a person (every officer, official and employee of the city, including every member of any board,
commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not
contracted or transacted any business with the City or any person or agency acting for the City and has not appeared
in representation of any third party before any board, commission or agency of the City within the past two years.
Proposer further warrants that they are not related, specifically the spouse, son, daughter, parent, brother or sister, to:
(i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or
agency of the City.
C.A violation of this section may subject the Proposer to immediate termination of any Professional Services
Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23.COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of any intellectual
property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or
ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless
from any and all liability, loss, or expense occasioned by any such violation.
1.24.COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of
Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a)Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
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three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b)Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1)Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private
Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2)Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty.
(3)Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
(4)Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of
non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms
and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to
perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension.
(5)Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public)
agency or entity.
(6)False certification pursuant to paragraph (c) below.
(7)Found in violation of a zoning ordinance for which the violation remains noncompliant.
(8)Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing to the
city.
(9)Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c)Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d)Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
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1.26.DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not: 1) submit a response fora contract to provide goods or services to a
public entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public
building or public work; 3) Submit response on leases of real property to a public entity; 4)award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) transact business
with any public entity.
1.27.DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or
to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the
default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default.
Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract
being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the
termination. The following shall constitute default:
A.Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B.Failure to begin the work under this Contract within the time specified.
C.Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D.Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E.Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer
incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be
reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all
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documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has
appropriate signatures as required on each document. Failure to comply with these requirements may deem a
Proposal non-responsive.
B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal
and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the
Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and
performance.
1) Proposals will only be considered from any person or firm who are regularly engaged in the business of providing
the good(s)/service(s) required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory
record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel
resources, and expertise to meet all contractual requirements.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Proposer(s) to provide documentation that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Proposer(s) during the
term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City
Commission. Any discounts offered by a manufacturer to Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement
2)Specifications
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3)Special Conditions
4)General Terns and Conditions
1.31.EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32.ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33.ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only.
No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is
not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may
be used by the City for purposes of determining the most advantageous Proposer meeting specifications. The City
reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal
Solicitation.
1.34. EVALUATION OF RESPONSES
A. Rejection of Responses
The City may reject a Response for any of the following reasons:
1)Proposer fails to acknowledge receipt of addenda;
2)Proposer misstates or conceals any material fact in the Response;
3)Response does not conform to the requirements of the Formal Solicitation;
4)Response requires a conditional award that conflicts with the method of award;
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5)Response does not include required samples, certificates, licenses as required; and,
6)Response was not executed by the Proposer's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination from Consideration
1)A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate
furnished has not performed despite demand they do so or otherwise upon any obligation to the City.
2)A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3)A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the
City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1)Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory
record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel
resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used
herein shall be construed to mean a fully equipped and well-established entity in line with the best industry practices
in the industry as determined by the City.
2)The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Proposer, including past performance (experience) with the City or any other governmental entity in
making the award.
3)The City may require the Proposer(s) to show proof that they have been designated as an authorized representative
of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
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1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the
bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal.
1.37. FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm
throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will
remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or
supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE -
A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the Successful Proposer's/Contractor's and their subcontractor's responsibility to understand and comply with
this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate.
This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index
("CPI") for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States
Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the
Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st.
It is the Proposers and their subcontractor's (if applicable), full responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Proposer must provide, with its bid, employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Proposer's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact
its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The
City reserves the right to request and the Successful Proposer/Contractor must provide for any, and all information
to make a wage and contractual price increase(s) determination.
B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service
Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and
awarded on, or after January 1, 2017 by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
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If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who
provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
$13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review
Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage
Ordinance.
1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall
take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective
attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A.Use of information only for performing services required by the contract or as required by law;
B.Use of appropriate safeguards to prevent non -permitted disclosures;
C.Reporting to the City of Miami of any non -permitted use or disclosure;
D.Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E.Making Protected Health Information (PHI) available to the customer;
F.Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G.Making PHI available to the City of Miami for an accounting of disclosures; and
H.Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
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PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices
including specifically, a description of the types of uses and disclosures that would be made with protected health
information.
1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and
expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance
of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and
employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought
against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and
defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees
that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in
the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit
for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets
(MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on
file with the Buyer will not satisfy this provision.
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1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required
to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation.
Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of
tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance
with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or
supplemented from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's
Web Site following recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance
requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue,
9th Floor, Miami, Florida 33130, 305-416-1604.
The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e.
quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act).
1.48. LOCAL PREFERENCE
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A.City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price,
and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in
Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local
bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a
best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder.
Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid.
In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be
made to the local bidder."
B.City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate
Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may
result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full
liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than
any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause"
meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that
Successful Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
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appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Proposer's expense. These
non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
Proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION -Proposer agrees that it shall not discriminate as to race, sex, color, age, religion,
national origin, marital status, or disability in connection with its performance under this formal solicitation.
Furthermore, Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color,
age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of,
or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital
status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for
employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful Proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal
Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.56. NOTICE REGARDING "CURES" - Proposals submitted with irregularities, deficiencies, and/or
technicalities that deviate from the minimum qualifications and submission requirements of Request for
Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to
quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a
non-responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is
attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the
proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by
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the proposer, and are not waivable by the city.
PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES
THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF
THIS RFP/Q SHALL RESULT IN A NON-RESPONSIVE DETERMINATION. The City will not give
consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission
requirements of this RFP/Q. Proposer understands that non-responsive Proposals will not be evaluated and,
therefore, will be eliminated from the Evaluation/Selection Process
1.57. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Proposer to supply the license to the City during the evaluation period, but prior to award.
1.58. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation.
1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal
solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other
purposes whatsoever without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.61. PERFORMANCE/PAYMENT BOND- A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
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1.62. PREPARATION OF RESPONSES (HARDCOPY FORMAT) - Proposers are expected to examine the
specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if
required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the
Proposer's risk.
A.Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the
Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on
each continuation sheet thereof on which he/she makes an entry, where required.
B.If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling
and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in
the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by
the Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item.
Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item
offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C.The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services.
D.The Proposer should retain a copy of all response documents for future reference.
E.All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the
firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response maybe rejected.
F.Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Proposer's response may be included as part of the contract, at the City's discretion.
G.The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection
of the response. RESPONSES WILL BE SUBMITTED AS FOLLOWS: ONEORIGINAL HARDCOPY AND
SEVEN (7) COPIES INELECTRONIC FORMAT (FLASH DRIVE). NO ON-LINE SUBMITTALS WILL
BE ACCEPTED. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED
TO THE CITY OR YOUR RESPONSE SHALL BE DEEMED NON-RESPONSIVE.
1.63.PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of
market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.64. PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) becomes
unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized
representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in
advance of delivery and that the new product meets or exceeds all quality requirements.
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1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.66. PROMPT PAYMENT -Proposers may offer a cash discount for prompt payment; however, discounts shall
not be considered in determining the lowest net cost for response evaluation purposes.
Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If
no prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to
indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be
2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during
the term of the contract.
1.67. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list,
following a conviction for a public entity crime may not:
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A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS - Proposer understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents
subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of
Section 119.070 1, Florida Statutes, titled "Contracts; public records".
Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
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D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements.
E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR
REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE,
9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation.
1.72. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.73. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall
have the authority to resolve disputes between the Proposer and the City which arise under, or by virtue of, a
Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission
must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach
of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual
Party by submission of a protest to the City Manager.
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B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render
a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be
final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a
notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such
judicial relief without first having followed the procedure set forth in this Section.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104):
Right to protest.
The following procedures shall be used for resolution of protested solicitations and awards except for purchases of
goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon
shall be governed by the administrative policies and procedures of purchasing.
(1) Protest of solicitation.
a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within three days after the request for proposals, request for qualifications or request for letters
of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed
when received by the chief procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief
procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer
within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the chief procurement officer.
(2) Protest of award.
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the proposer of the notice of the city manager's
recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by
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facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer; or
b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the bidder of the notice of the city's determination of
non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer.
c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
days after the date the notice of protest was filed. A written protest is considered filed when received by the chief
procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the
required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement
officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
Authority to resolve protests; hearing officer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers
pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five
working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve
any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons
specified within ten days after he/she holds a hearing under the protest.
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(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given
to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from
alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a
recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The
engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers
appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this
section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of
intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and
the actual protest must each be timely received by the chief procurement officer and must comply with all
requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the
actual protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
why the decision of the city relative to the solicitation or the award, which may include a recommendation for award
by the city manager to the city commission, as applicable, should be overturned. The party recommended for award,
if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine
witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the
protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of
which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest
hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing
officer shall consider the written protest and supporting documents and evidence appended thereto, supporting
documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award
being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting
his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing
officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city
response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of
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multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing
shall not exceed a total of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer,
irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or
not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written
summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the
hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion,
or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final
order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as
applicable.
f The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate
Procedure.
Compliance with filing requirements.
Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the
required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in
subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in
this section.
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Stay of procurements during protests.
Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further
with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or
the city commission as provided in subsection (b) above, unless the city manager makes a written determination that
the solicitation process or the contract award must be continued without delay in order to avoid an immediate and
serious danger to the public health, safety or welfare.
Costs.
All costs accruing from a protest shall be assumed by the protestor.
Filing fee.
The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to
the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is
less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any
administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city
commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection
(e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, §
2,9-8-16).
1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30
days after notification. Failure to remove the samples will result in the samples becoming the property of the City.
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
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1.78. SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and
replacements that will be provided. Proposer must explain on the Response to what extent warranty and service
facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.79. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services are to be first quality. All interpretations of these
specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will
result in disqualification of proposal.
1.80. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted in hardcopy format to the
City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date
and time as designated in the RFP, RFQ, or RFLL NO EXCEPTIONS. Proposers are welcome to attend the
solicitation closing; however, no award will be made at that time.
A.Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Proposer. Hardcopy responses not submitted on the requisite Response Forms may
be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE., TURN
LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN
RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON
RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B.Facsimile responses will not be considered.
C.Failure to follow these procedures is cause for rejection of proposal.
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D.The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened and will not be considered for award.
E. Late responses will be rejected.
F.All responses are subject to the conditions specified herein. Those which do not comply with these conditions are
subject to rejection.
G.Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H.If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a
separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1.81. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that
all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the
Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto
and shall be paid solely by the Proposer.
1.82. TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A.The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
B.The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C.Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the
availability of appropriate funds.
1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect,
and properly invoiced. No advance payments of any kind will be made by the City of Miami.
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Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within
the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless
otherwise specified in the Special Conditions.
1.85. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first.
1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the
City by reason of any legal action challenging your claim.
1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Proposer(s) nor any of
his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and
received by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered
outside the scope of the contract or any work performed by an employee not otherwise previously authorized.
1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City
Manager or the City Commission.
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1.89. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate
any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated
on their Response, it will be assumed that the product fully complies with the City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract(s), for Shared Motorized Scooter Services, as specified
herein, from up to four (4) source(s), fully compliant with the terms, conditions and stipulations of the Solicitation.
2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE
A Voluntary Pre -Proposal Conference will be held on February 25, 2020 @ 10:00 AM, at 444 SW 2nd Avenue,
Miami, FL 6th Floor South Conference Room. A discussion of the requirements of the Solicitation will occur at that
time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and
all conditions and/or requirements that may in any manner affect the work to be performed. All questions and
answers affecting the scope of work/specifications of the RFP will be included in an addendum, that will be
distributed through the online iSupplier system, following the Pre -Proposal Conference to all the attendees Because
the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements,
attendance is highly recommended.
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: James Griffin; fax: (305) 400-5078 or email: JGriffin@miamigov.com, and a copy
filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number
shall be referenced on all correspondence. All questions must be received no later than March 3, 2020 at 10:00
AM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.4. TERM OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract shall be for three (3) years with an option to renew for one (1) additional two (2)
year period.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
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2.6. PROPOSER'S MINIMUM QUALIFICATIONS
Proposers interested in responding to this Request for Proposals must provide the information on the firm's
qualifications and experience, qualifications of the project team, Program Manager's experience, and previous
similar projects. Additionally, Proposers must:
(1) be an established firm for a minimum of one (1) year (as a business with the same Federal Employee
Identification Number; not just individual employees), and its owners and/or principals, must have a minimum of
one (1) year of related experience;
(2) only propose those individuals as the Program Manager that have a minimum of one (1) year of experience in the
provision of automated on -demand electric scooter sharing systems;
(3) be authorized to do business in the State of Florida, and in active status on the State of Florida's SunBiz.org
website.
See, "Instructions for Submitting a Response: (Submission Requirements)." Submittals that do not respond
completely to all requirements shall be considered non-responsive and eliminated from the process.
2.7. REFERENCES
Each proposal MUST be accompanied by a list of three (3) references, which shall include for each project: the
name of the organization; dates covering the term of the contract; description of the scope of work; client contact
person and phone number, and; a statement of whether Proposer was the prime contractor or subcontractor. Where
possible, list those references for projects performed for government clients of similar size to the City.
2.8. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or
Proposer's firm to assist in the performance of services required under this Solicitation. Sub -Contractors shall be
paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City
in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the
major Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or
reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any
and all liabilities regarding the use of a Sub-Contractor(s) shall be borne solely by the Successful Proposer(s) and
insurance for each Sub-Contractor(s) must be maintained in good standing and approved by the City throughout the
duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be
employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may
disqualify any proposed Sub -Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant
information required of the Proposer. In addition, within five (5) working days after the identification of the award
to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the Sub -Contractors that the
Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the
name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to
any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other
information required of Proposer.
2.9. INSURANCE REQUIREMENTS
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INDEMNIFICATION
Successful Proposer(s) shall indemnify, defend, and hold harmless the City, the MPA, jointly and severally, and
their respective officers, employees, agents and instrumentalities from any and all liability, losses or damages,
including any and all attorneys' fees and costs of defense, which the City and its officers, employees, agents and
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or
nature including, but not limited to, personal injury or wrongful death, property loss or damage, the conditions and
features on all Sidewalks and Sidewalk Areas, Bike Lanes or Bike Paths, Streets, Bay walks, or other areas within
the City on which a Motorized Scooter is operated, to the extent arising out of or in any way connected with the
operation of the Motorized Scooter Service or use of a Motorized Scooter. Successful Proposer(s) shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the City, where applicable, including administrative, trial, and appellate proceedings, and shall
pay all costs, judgments, and attorneys' fees which may issue thereon. Successful Proposer(s) shall expressly
understand and agree that any insurance protection required by this Article, or otherwise provided or secured by a
Successful Proposer(s), shall in no way limit the responsibility to indemnify, defend and hold harmless the City, the
MPA, or their officers, employees, agents and instrumentalities as required by this Section. The obligation to
indemnify, defend, and hold harmless will survive the revocation, cancellation, or expiration of any Agreement(s).
The Successful Proposer(s) will acknowledge on any Agreement(s), which will include this Indemnification in
substantially the language provided by this Section, that the Agreement(s) is, in part, conditioned on the granting of
this Indemnification which is knowingly and voluntarily given by the Successful Proposer(s).
Motorized Scooters are only authorized to be used in Commission District 2. Motorized Scooter use outside
Commission District 2 is not lawful, is not authorized and Successful Proposer(s) shall defend, hold harmless and
indemnify the City and MPA for every, any, and all liabilities, losses or damages, including any and all attorneys'
fees and costs of defense, which the City and its officers, employees, agents and instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature for Motorized Scooters
operating outside Commission District 2 including, without limitation, those listed in this Section and the
impoundment, seizure, and possible sale of Motorized Scooters operating anywhere outside of the Commission
District 2 in the City. In addition to other remedies available the City may make a claim against the Payment and
Performance Bond or Letter of Credit submitted by the Successful Proposer(s) and/or effectuate a termination of
Agreement(s).
Note:
Insurance Definitions, Conditions and Additional Requirements are provided as Attachment B, within the Header
section of this RFP.
Successful Proposer(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
1. Commercial general liability with limits of $2,000,000 per occurrence, $5,000,000 policy aggregate affording
coverage for claims resulting from bodily injury (including death) and property damage. The policy shall be written
on a primary and noncontributory basis, and should insure against premises and operations, personal injury, and
contingent and contractual exposures.
2. Automobile/Motorcycle liability affording coverage on all motor vehicles/scooters used in connection with the
operations or activities contemplated under this Article. The Successful Proposer(s) should furnish the City with a
policy affording coverage on all owned autos and scooters, including coverage for hired and non -owned auto
exposures, with a combined single limit for bodily injury (including death) and property damage of $2,000,000 per
accident.
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3. Workers Compensation subject to the statutory limits of the State of Florida.
4. The City retains the right to require additional insurance coverage in connection with the activities performed by
the Successful Proposer(s)under this Article as may be determined by the City Risk Management Director,
considering the size of the fleet and other liability insurance related factors.
5. Failure to maintain required insurance coverage is cause for immediate cancellation of the Agreement by the
City Manager or his or her designee.
6. Any insurance policy required by this Section must be on file with the Risk Management Department, in a form
acceptable to the City Manager, or his or her designee, prior to any Agreement arising out of this RFP.
7. Insurance required under this Section must include a cancelation provision in which the insurance company is
required to notify both the Successful Proposer(s) and City Manager, or his or her designee, in writing not fewer
than thirty (30) days before cancelling any insurance policy or before making a reduction in coverage. Successful
Proposer(s), upon receiving said notice, shall file with the Risk Management Department, in a form acceptable to the
City Manager, or his or her designee, any and all replacement insurance policies prior to the cancelation or reduction
of the same.
8. A Successful Proposer(s) may not be self-insured.
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Proposer(s) of his liability and
obligation under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer(s) shall
be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar
days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Request for Proposal.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Successful Proposer(s) in conjunction with the General and Special Terms and Conditions of the RFP.
The Successful Proposer(s) shall be responsible for assuring that the insurance certificates required in conjunction
with this Section remain in force for the duration of the contractual period; including any and all option terms that
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may be granted to the Successful Proposer(s).
2.10. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued;
(2) Receipt of responses;
(3) Opening and listing of all responses received;
(4) Procurement staff will review each submission for compliance with the submission requirements of the
solicitation, including verifying that each submission includes all documents required;
(5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff
and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge,
shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the
evaluation criteria as specified herein;
(6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations and/or
product demonstrations before the Committee as part of the evaluation process. The presentations and/or product
demonstrations may be scheduled at the convenience of the Committee and shall be recorded;
(7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager
requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such
negotiations thereof;
(8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the
Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any
rights against the City arising from such termination thereof,
(9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final
contract with the Successful Proposer(s), and submit a recommendation to award a contract (s) to the City Manager;
(10) The City Manager shall then submit their award recommendation and negotiated contract (s) to the City
Commission for approval. Written notice shall be provided to all proposers.
(11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of
contract will be posted on the City of Miami Procurement Department website, in the Supplier Comer, Current
Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation
can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of "Award To" fields. If `various" is indicated in the Recommendation of "Award To" field, the
Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names.
(12) After reviewing the City Manager's recommendation, the City Commission may:
1. Approve the City Manager's award recommendation and negotiated contract(s);
2. Reject all proposals;
3. Reject all proposals and instruct the City Manager to reissue a solicitation; or
4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three
individuals or firms possessing the ability to perform such services and obtain information from said individuals or
firms relating to experience, qualifications and the proposed cost or fee for said services, and make a
recommendation to the City Commission.
The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful
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Proposer.
2.11. PAYMENT AND PERFORMANCE BOND
(a) Prior to and/or simultaneous with the execution of a Professional Services Agreement ("PSA") with the City,
Successful Proposer(s) shall submit to the Risk Management Department a payment and performance bond, in a
format as prescribed in Section 255.05, Florida Statutes, and in a form acceptable to the City Manager, or designee.
(b) Alternatively, a Successful Proposer(s) may post an irrevocable letter of credit issued by a bank authorized to
transact business in Florida.
(c) The payment and performance bond or irrevocable letter of credit shall be in the sum of $75,000.00, and must
list the Successful Proposer(s) as principal and be payable to the City.
(d) The payment and performance bond or irrevocable letter of credit must remain in effect for the duration of any
Professional Services Agreement ("PSA") that Successful Proposer(s) have negotiated with the City.
(e) Cancellation of the payment and performance bond or irrevocable letter of credit does not release the Successful
Proposer(s) from the obligation to meet all requirements of this Article and License. If the payment and
performance bond or irrevocable letter of credit is cancelled, Successful Proposer(s) shall be suspended on the date
of cancelation and the Successful Proposer(s) shall immediately cease operations until the Successful Proposer(s)
provides the City Manager, or his or her designee, with a payment and performance bond or irrevocable letter of
credit that meets the requirements of this Section.
2.12. EXECUTION OF AN AGREEMENT
The Successful Proposer(s), evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the
right to execute or not execute, as applicable, a PSA with the Successful Proposer(s) in substantially the same form
as the sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain
terms as are in the City's best interest, and will be subject to approval as to legal by the City Attorney.
2.13. PROJECT MANAGER
Upon award, Successful Proposer(s) shall report and work directly with Alan Dodd, Director of Public Works, or
designee, who shall be designated as the Project Manager for the City.
2.14. OPERATING GUIDELINES
Successful Proposer(s) shall designate an appropriate number of local operational staff who will be responsible for
fielding complaints, addressing technical difficulties, coordinating the rebalancing and removal of scooters parked
illegally, and providing public education.
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Successful Proposer(s) shall have a maximum initial fleet of eight hundred thirty-three (833) Motorized Scooters.
Successful Proposer(s) shall observe all applicable laws, codes and ordinances, including but not limited to The
State of Florida Statutes, Section 316 on State Uniform Traffic Control provided as Attachment D, within the
Header section of this RFP.
The City Manager, or his or her designee, may administratively issue, promulgate and establish additional rules and
regulations, consistent with this Article and applicable state and federal laws, as determined to affect the policy of
this Article. The Rules may include Standard Operating Procedures ("SOP") addressing issues with persons under
the age of eighteen (18) operating Motorized Scooters in violation of this Article. All additional rules and
regulations shall be made available on the City's website.
Non-compliance with all local, state, and federal directives, orders, regulations, and laws may be considered grounds
for termination of contract(s). Lack of knowledge or notice by the Proposer will in no way be a cause for relief from
responsibility.
2.15. COMPENSATION
The Successful Proposer shall compensate the City for Shared Motorized Scooters as follows:
Minimum Annual Guarantee ("MAG"), payable in twelve (12) equal monthly payments; and
A Motorized Scooter Trip Fee generated through the Shared Motorized Scooter Program.
The MAG shall be no less than $75,000.00 annually, to be paid in twelve (12) equal monthly installments (no less
than $6,250.00, due on or before the first day of each month, without billing.
The Motorized Scooter Trip Fee shall be no less than $0.30 per motorized scooter trip, to be paid in twelve (12)
monthly installments on the tenth (10th) day of each month for the preceding month without billing.
Proposed compensation shall be submitted using Attachment C, Compensation Proposal, found within the
Header/Attachments Section of this Solicitation
Failure to submit Attachment C, Compensation Proposal, as required, shall disqualify Proposer from consideration.
2.16. MOTORIZED SCOOTER TRIP FEE
Successful Proposer(s) shall submit a Motorized Scooter Trip Fee during the duration of the Agreement to include
any extensions and/or renewals.
A. Motorized Scooter Trip Fee Defined: "Motorized Scooter Trip Fee" means the fee due to the City per
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motorized scooter trip, related to the operation of the Shared Motorized Scooters.
B. Certification of Motorized Scooters In Use: Successful Proposer(s) shall submit to the City on or before the
10th day following the end of each month during the term of this Agreement and on or before the 10th day following
the expiration or earlier termination of this Agreement, a written statement, signed by Successful Proposer and
certified by it to be true and correct, showing the amount of motorized scooters in use each day, during the
preceding month. Successful Proposer(s) shall submit to the City on or before the 60th day following the end of each
Agreement Year an Annual Written Statement, signed by Owner, CEO, or Financial officer of the Successful
Proposer(s) and certified by it to be true and correct, setting forth the amount of motorized scooters during the
preceding Agreement Year, which statement shall also be duly certified by an independent Certified Public
Accountant. The statement referred to herein shall be in such form and style and contain such details and
breakdowns as the City may reasonably determine or require.
C. Examination of Books and Records: Such books and records as are necessary to determine the amount of any
Motorized Scooter Fee payable to City, shall be subject to examination by City or its authorized representatives at
reasonable times during Successful Proposer(s)'s business hours, at City's expense and in such manner as not to
interfere unreasonably with the conduct of Successful Proposer(s)'s business. All information obtained by City or its
authorized representatives from Successful Proposer's books and records shall be kept confidential by City and all
such representatives except in connection with any assignment of this Agreement for financing purposes or if
subject to the requirements of Florida Public Records Act.
D. Records: For the purpose of computing and verifying the Motorized Scooter Fee due (if applicable) hereunder,
Successful Proposer(s) shall prepare and keep, for a period of not less than three (3) years following the end of the
applicable Agreement Year, adequate books and records, related to the number of motorized scooters in use each
day during the term of this Agreement, to include any extensions and/or renewals.
E. Audit of Business Affairs and Records: City shall have the right to cause, upon five (5) business days' written
notice to Successful Proposer(s), a complete audit to be made by a designated external auditing firm or other
certified public accounting firm selected by the City or the Office of the Independent Auditor General of the City.
Successful Proposer(s) shall make all such records available for said examination at a mutually agreeable location. If
the result of such audit shall show that Successful Proposer(s)'s statement of Approved Motorized Scooters for any
period has been understated, Successful Proposer(s) shall pay City the amount due. If such understatement is three
percent (3%) or more, Successful Proposer(s) shall pay City the cost of such audit in addition to any deficiency
payment required, plus ten percent (10%) of any such deficiency, all of which shall be collectible hereunder as
payment. A report of the findings of said accountant shall be binding and conclusive upon City and Successful
Proposer(s). The furnishing by Successful Proposer(s) of any grossly inaccurate statement shall constitute a breach
of this Agreement. Any information, excluding written documents, obtained by City as a result of such audit shall be
held in strict confidence by City except in any proceeding or action to collect the cost of such audit or deficiency, or
except in connection with any mortgage or assignment of this Agreement for financing purposes or if subject to the
requirements of Florida Public Records Act.
F. If Successful Proposer(s) fails to record, maintain, or make available sales supporting documentation as
specified above, then Successful Proposer(s) may be deemed by the City to be in default of this Agreement.
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2.17. CONSUMER PRICE INDEX
The Minimum Annual Guarantee paid to the City by the Successful Proposer(s) may be adjusted upward once at the
conclusion of the initial Agreement term, at the City's discretion, by the greater of : (i) a rate consistent with the
latest Consumer Price Index (CPI), under the City of Miami Group, for All Urban Consumers, All Items, or (ii) three
percent (3%), of the amount of the preceding Agreement year.
2.18. WORTHLESS CHECK OR DRAFT
In the event that Successful Proposer(s) delivers a dishonored check or draft to the City in payment of any obligation
arising under the Agreement resulting from this RFP, Successful Proposer(s) shall incur and pay a minimum service
fee of $25.00 or five percent (5%) of the face value of the check, whichever is greater, plus any subsequent bank
fees. For each such dishonored check, such payment shall be made within not more than ten (10) calendar days from
written notice of such default. Further, in such event, the City may require that future payments required pursuant to
the Agreement be made by cashier's check or other means acceptable to the City.
2.19. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Notice to Proceed is received.
2.20. REMOVAL OF EMPLOYEES/SUBCONTRACTORS
All employees of the Successful Proposer(s) and Subcontractor(s)'s, if applicable, shall be considered to be, at all
times, employees of the Successful Proposer(s) and subcontractor(s) under its sole direction and not employees or
agents of the City. The Successful Proposer(s) and Subcontractor(s) shall supply competent and capable employees.
The City may require the Successful Proposer(s) or Subcontractor(s) to remove an employee(s) the City deems
careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this
contract is not in the best interest of the City.
2.21. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral
modifications will be allowed. Written modifications shall not be allowed following the proposal deadline.
2.22. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer(s) shall provide
City access to all files and records maintained on the City's behalf.
2.23. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer(s) shall act as the execution of truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
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Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of the Agreement.
2.24. FAILURE TO PERFORM
Should it not be possible to reach the Successful Proposer(s) or supervisor and/or should remedial action not be
taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Successful Proposer(s) in default of the contract or make appropriate reductions in the contract payment.
The City reserves the right to impound at Successful Proposer(s)'s sole expense electric scooters and equipment
found outside of established, approved operating or parking areas if Successful Proposer's local staff do not respond
to complaints or remedy violations within forty-eight (48) hours.
The City reserves the right to fine Successful Proposer(s) fifty dollars ($50) per day per violation occurrence for
electric scooters and equipment found outside of established, approved operating or parking areas.
2.25. TERMINATION
A. FOR DEFAULT
If a Successful Proposer defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including
the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the
Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his
Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience
of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance
with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with
2.26. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
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solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement.
2.27. ADDITION / DELETION OF FIRMS
If a Successful Proposer defaults, is terminated, or otherwise ends the provision of its services under this RFP, then
the City reserves the right to hire another Proposer under the terms of this RFP. The addition of new members will
be done through a competitive process using the evaluation Request for Proposal (RFP) criteria established in this
Solicitation. The addition of new Successful Proposer(s) will be based upon the need determined by the City.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami ("City") intends to enter into an Agreement with up to four (4) firms that provide "turn -key"
services to implement and operate a successful automated on -demand electric scooter sharing System ("System").
The System should utilize information technology to operate a fleet of electric scooters that may be rented for short
periods of time by the general public, providing a transportation alternative to motor vehicle trips for Miami's
residents and visitors.
The Successful Proposer(s) shall provide and own all System equipment. The cost for all design, installation,
operating, maintenance, and promotional responsibilities will be borne and insured by the Successful Proposer(s).
The City anticipates the Successful Proposer(s) will collect user fees, sponsorships, and generate other revenue
streams to cover capital and operating costs. The City will not provide any funding or financial support for the
Successful Proposer(s) or related costs. Proposals requesting or relying on funding from the City will not be
considered.
1. General Items:
a. Proposer(s) must include concise descriptions of their approach and capability to provide the following Scope
of Work for an automated on -demand electric scooter sharing System, including but not limited to, ensuring that the
permitted number of scooters are not exceeded, enforcing the placement of scooters by riders to not impede ADA
accessibility within sidewalks, safety training of riders prior to scooter usage, minimizing scooter usage outside of
permitted areas within the City via the use of fines, disabling, speed reduction, etc.
b. The Successful Proposer(s) will be responsible for defining the desired locations and densities of System
stations and other infrastructure, but all locations must be approved by the City under the Agreement.
C. The City anticipates that the System can be planned and launched within thirty (30) days of contract signing.
Proposer(s)s may propose an alternative timeline for launch if this is not sufficient to ensure Program success.
d. The initial fleet size for the City will be Two -Thousand Four -Hundred Ninety -Nine Scooters (2,499), evenly
divided between all successful proposers. Any shared mobility device will count toward Successful Proposer's total
fleet size limit if the onboard technology will allow a user to check it out from the right of way at any point. The
City retains the right to set and adjust the maximum overall fleet size for each successful proposer at the sole
discretion of Alan Dodd, Director of Resilience and Public Works, or designee. The City will perform monthly fleet
analysis to determine any oversupply or latent demand in the maximum allowable number of scooters across all
successful proposers.
e. If a Successful Proposer exceeds four (4) trips per vehicle per day they will be subject to an increase in
maximum scooter fleet size via written direction from the City. If a Successful Proposer fails to exceed two (2) trips
per vehicle per day they will be subject to a decrease in maximum scooter fleet size via written direction from the
City. If a Successful Proposer does not exceed four (4) trips or fails to exceed two (2) trips per vehicle per day, then
no adjustments to their maximum scooter fleet size will be made.
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1. The amount of increase or decrease in scooter fleet size per successful proposer will be at the sole
discretion of the City with an equal application to any and all Successful Proposers in a given adjustment
period (monthly).
2. The aforementioned benchmarks and metrics are subject to change at the sole discretion of the City.
3. Maximum allowable fleet sizes are subject to be different for each Successful Proposer at any given
time as determined by the City. Other than the aforementioned benchmarks to determine the amount of
increase or decrease in scooter fleet size per successful proposer, the City shall consider:
a. Successful Proposer's response time to reports of violations or relocation requests;
b. Successful Proposer's number of violations of, or noncompliance with, Program rules
(e.g., scooter ID stickers, driver's license verification, etc.)
C. Whether Successful Proposer is in good standing with all fees and payments associated
with the program, including any citations, penalties, and fees issued by the City, including the
Miami Parking Authority;
d. Whether Successful Proposer has demonstrated a commitment to collaboration with the
City and to the importance of local control of regulation and management of the public
right-of-way;
e. Whether Successful Proposer has demonstrated serving all neighborhoods within the
allowable service area and/or has avoided concentrating all of its devices in the most popular
areas.
4. Successful Proposer(s) who are notified of fleet size changes shall comply with fleet limit caps
within twenty-four (24) hours of written notification.
5. Successful Proposer(s) will not be subject to any changes in fleet size arising from the first month of
operation.
£ Prior to commencing operations, the Successful Proposer(s) shall present to the City's representative or
designee a listing of all scooters and equipment that will be used in the System. Scooters or equipment designated
for use under this contract shall not be used for any other work during the working hours of this contract. Successful
Proposer(s) shall provide the City with a monthly updated list of all currently deployed devices, their unique
identification numbers, and, upon request, user information related to any ongoing criminal investigation. Successful
Proposer(s) shall also cooperate with any ongoing criminal investigation that involves an e -scooter user.
g. The City reserves the right to inspect the performance of a Successful Proposer at all reasonable times and
places during the term of the Agreement, including any extensions or renewals. If the performance of a Successful
Proposer fails to conform to the requirements of this Agreement, the City may require a Successful Proposer to
come into conformance promptly and at the sole expense of the Successful Proposer. If the performance of a
Successful Proposer cannot be brought into conformance by such corrective measures, the City may exercise any or
all of the remedies available under the Agreement, at law or in equity. Successful Proposer(s) shall permit the City,
the federal government, and governmental agencies having jurisdiction, in their sole discretion, to monitor all
activities conducted by Successful Proposer(s) pursuant to the terms of this Agreement using any reasonable
procedure.
2. Motorized Scooter Parking:
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a. No affixed structures for the parking of scooters within the Right of Way may be proposed. Nevertheless, the
City retains the right to designate or require temporary or permanent scooter parking areas such as hubs, corrals,
racks, etc. for all Successful Proposers. The City also retains the right to make any designated parking areas either
mandatory or financially incentivized. These scooter parking areas may be physical or digital in their expression, or
both physical and digital simultaneously. Designated physical parking can be in the form of metal racks, vinyl
ground cover signs, etc. Designated digital parking will be geofenced areas as designated by the City. For the
purposes of this RFP, a geofenced area is simply a virtual fence or a perimeter around a physical location where
Motorized Scooters are allowed to operate pursuant to this RFP. Successful Proposers will integrate any geofenced
parking into their System within 24 hours of written notification.
b. Motorized Scooters may not be parked at bicycle docking stations located on City and/or Miami Parking
Authority ("MPA") property.
C. Motorized Scooters must be parked on a Sidewalk or other hard surface, beside a bicycle rack, or at a
City -owned location. Motorized Scooters may only be parked on private property with the permission of the
property owner.
d. Successful Proposer(s) shall regularly deploy staff in the City to ensure that scooters are properly parked and
not blocking any public right of way. The City will not be liable for any parking tickets, injuries or damage incurred
from parking the scooters in the public right of way.
e. Motorized Scooters must be upright while parked.
£ Motorized Scooters must be parked in a manner that is compliant with the applicable provisions of the
Americans with Disabilities Act of 1990.
Motorized Scooters may not be parked in a way that blocks:
1. Fire hydrants call boxes or other emergency facilities;
2. Transit Facilities;
3. Loading spaces or zones;
4. Passenger loading spaces or zones, or valet parking service areas;
5. Railroad tracks or crossings;
6. Disabled or prohibited parking zones;
7. Street furniture that requires pedestrian access (for example, benches, parking pay stations, or
bicycle/news racks);
8. Window Displays;
9. Building entryways;
10. Vehicular traffic; or
11. Vehicular driveways.
h. Motorized Scooters may not be parked:
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1. In a manner that would impede normal and reasonable pedestrian access on a Sidewalk or in
any manner that would reduce the minimum clear width of a Sidewalk to less than 3 feet.
That would impose a threat to public safety or security.
3. On a block where the Sidewalk is at any point less than 6 feet in width, or on a block that does
not have Sidewalks.
4. In a visibility triangle as defined in Section 54-1 of this Code, measured in accordance with
Section 3.8.4 of Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended.
i. Motorized Scooters that are parked in an incorrect manner must be re -parked, removed and/or relocated by
Successful Proposer(s) within two (2) hours of receiving notification from the City.
j. Successful Proposer(s) shall provide the City with the contact information for the individual(s) who will be
responsible for the rebalancing, removal, and/or relocation of any Motorized Scooter(s). The Successful Proposer(s)
shall rebalance, remove, and/or relocate a Motorized Scooter(s) within two (2) hours of receiving notification from
the City.
k. Motorized Scooter Users shall provide a picture of the parked scooters at the end of their use so as to assure
they are not blocking pedestrian walkways, parked in a hazardous manner, etc. In the event the City establishes any
marked and designated motorized scooter parking corrals, scooters shall park in available spaces within such corrals.
1. Parking violations, including disabled parking space violations, will be subject to remedies as are provided by
State Uniform Traffic Control laws, this Article, and Section 1-13 of the City Code, titled "General Penalty."
Violations may be issued to Motorized Scooter Drivers or Successful Proposer(s). Remedies are cumulative and not
exclusive.
NOTE: The City or MPA may identify designated Motorized Scooter parking zones in order to guide riders to
preferred parking zones and assist with the orderly parking of Motorized Vehicles throughout the City.
3. Operations; Remedies:
a. No one under the age of eighteen (18) shall operate a Motorized Scooter. Persons under eighteen (18) years of
age may not be Motorized Scooter Users or passengers. No more than one (1) person, eighteen (18) years of age or
older, may ride a Motorized Scooter at any one time. There shall be a fine of one hundred dollars ($100.00) imposed
upon the Successful Proposer(s) for each instance that an unregistered person is found to be a user or passenger.
There shall also be a fine of one hundred dollars ($100.00) imposed upon the Successful Proposer(s) for each
instance of reckless use and operation of a Motorized Scooter.
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b. Persons operating Motorized Scooters ("Motorized Scooter Users") shall be subject to all rules, regulations,
and laws, including any additional rules and regulations promulgated by the City Manager, or designee, applicable
to Motorized Scooter Users.
C. Successful Proposer(s) shall come to an agreement with the City on procedures and protocols for:
1. Extreme weather (e.g. hurricanes, floods, etc.);
2. Emergencies (e.g. earthquakes, fires, etc.);
3. Special Events (e.g. marathons, events, parades, film shoots, etc.), and;
4. Maintenance (e.g. debris and trash removal) for small vehicle parking zones.
NOTE: This is a non-exclusive list and the City Manager, or designee, may include at a later date, other instances
and/or events that require the Successful Proposer(s) to come to an agreement with the City on procedures and
protocols.
e. Successful Proposer(s) should at all times maintain a staffed operations center within the City.
f. Successful Proposer(s) shall maintain a twenty-four (24) hour customer service phone number prominently
posted on each Motorized Scooter for customers and citizens to report safety concerns, make complaints, ask
questions, or request that a Motorized Scooter(s) be relocated.
h. Successful Proposer(s) shall notify the City within twenty-four (24) hours of a change in contact information.
i. Any Motorized Scooter that is removed due to maintenance or safety issues shall be fully repaired before
being returned to service.
Motorized Scooters must be:
Well maintained and in good operating condition;
2. Of a high quality and sturdily built to withstand the effects of weather and constant use for a period
of no less than five (5) years, and;
3. Rebalanced on at least a daily basis.
k. The City and/or MPA may, without prior notice to the Successful Proposer(s) or Motorized Scooter User(s),
remove any Motorized Scooter(s) that is/are visibly damaged or non-functional, or blocking the public right of way,
or located outside of the program boundaries, and take it to an MPA or other City facility for storage, at the sole
expense of the Successful Proposer(s).
1. The City and/or MPA shall charge a fee not to exceed $25.00 per scooter for removal and storage,
plus $5.00 per day thereafter up to thirty (30) days. Successful Proposer(s) forfeits its ownership of any
Motorized Scooter(s) that remains unclaimed with the City and/or MPA for more than thirty (30) days
and as such the Motorized Scooter(s) is subject to sale pursuant to the procedures for abandoned or lost
property set forth in Section 705.103, Florida Statutes, or by any other method allowed by the laws of the
State of Florida or the City.
2. Successful Proposer(s) will be notified that a scooter has been removed and is in storage within 24
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hours. Successful Proposer(s) shall be able to retrieve any removed scooters in storage on Monday
through Friday during regular business hours.
3. The City and/or the MPA shall invoice the Successful Proposer(s) for the cost of removal and storage.
1. Motorized Scooters shall not display any third -party advertising. The City reserves the right to change this
provision in the future.
in. Each Motorized Scooter shall be equipped with active global positioning System (GPS) technology.
n. Successful Proposer(s) shall educate Motorized Scooter Users regarding the rules, regulations, and laws
applicable to riding, operating, and parking a Motorized Scooter. Successful Proposer(s) must have a mobile
application that provides information notifying a Motorized Scooter User of the following:
1. Motorized Scooters may be operated on Bike Paths, Bike Lanes, including those within City Parks, and the
Baywalk, Streets, or Sidewalks/Sidewalk Areas in a manner similar to bicycles;
2. Motorized Scooters are to be operated at a person's own risk, and that no representation is being made by
the City as to the condition of any Sidewalk, Street, Road, Bike Path, Lane, Baywalk, or Sidewalk Area;
3. Motorized Scooters users shall at all times yield to pedestrians and shall give an audible signal before
overtaking and passing such pedestrian;
4. The use of helmets while operating a Motorized Scooter is strongly encouraged;
5. Prior to operating a Motorized Scooter, every Motorized Scooter User must pass a Motorized Scooter
Safety Education training provided by the Successful Proposer once before using a scooter.
6. The name of the Successful Proposer(s) (and if it can be accommodated, the local business address) along
with a unique identification number ("ID");
7. Each Motorized Scooter User must show or scan a photographic identification, which shall be a driver's
license, a state identification, or a passport, which must indicate that every Motorized Scooter User is at
least eighteen (18) years old, and;
8. A clear and legible map of the mandated geofenced areas within the City.
NOTE: This is a non-exclusive list and the City Manager, or designee, may require the Successful Proposer(s), at a
later date, to include additional information and notifications as to other rules, regulations, and laws applicable to
riding, operating, and parking a Motorized Scooter.
o. If the City or MPA incurs a cost in addressing or abating any violation of this Article, or incurs any cost of
repair or maintenance of any public property resulting from the use of Motorized Scooters, the Successful
Proposer(s) shall reimburse the City for the full cost within thirty (30) days of receiving written notification from the
City.
P. Motorized Scooter Users shall have all of the rights and duties applicable to a rider of a bicycle riders under
Section 316.2065, Florida Statutes, titled "Bicycle regulations," except the duties imposed by Sections 316.2065(2),
(3)(b), and 3(c), Florida Statutes, which by their nature do not apply. However, this Section may not be construed to
prevent the City, through the exercise of its powers under Section 316.008, Florida Statutes, from adopting an
ordinance governing the operation of Micromobility Devices, Motorized Scooters on streets, highways, sidewalks,
and sidewalk areas under the City's jurisdiction.
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q. Motorized Scooter Users who are in violation of this Article, or in violation of Applicable State Laws
including State Uniform Traffic Control Laws, will be subject to enforcement as provided by applicable Florida
Laws, and Section 1-13 of the City Code, titled "General Penalty." Remedies are cumulative and are not exclusive.
However, this Section may not be construed to prevent the City, through the exercise of its powers under Section
316.008, Florida Statutes, from adopting an ordinance governing the operation of Micromobility Devices, Motorized
Scooters on streets, highways, sidewalks, and sidewalk areas under the City's jurisdiction.
r. Any complaints or comments about scooters communicated via Miami -Dade County's 311 system will be relayed
in real time to the relevant vendor as well as the MPA in order to be addressed as soon as possible. At the
conclusion of each month, the City shall receive a report broken out by complaint type, complaint instances, and by
vendor. The City, in its best interests, retains the right to create financial or other disciplinary penalties based on
the findings of these reports.
s. The City retains the sole discretion to set and adjust the maximum overall actual geographic area of operation for
Successful Proposer(s). Similarly, the City retains the right to implement "buffer areas" that are geofenced areas
wherein scooter functionality may be limited to prevent Motorized Scooter Users from exceeding the boundaries of
City Commission District 2.
t. Motorized Scooter Users engaging in repeated violations and/or bad behavior may be subject to being banned
from the System.
u. The City reserves the right to use third -party scooter retrieval services.
4. Safety, Marketing, and Awareness
a. Successful Proposer(s) shall comply with all applicable rules, regulations, and laws, including any additional
rules and regulations promulgated by the City Manager, or designee. Successful Proposer(s) shall encourage the use
of a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that
meets the Federal safety standard for bicycle helmets, Final Rule, 16 C.F.R. Part 1203.
b. Successful Proposer(s) shall work with local businesses or other organizations to promote the use of helmets by
persons operating Motorized Scooters through partnerships, promotional credits, and other incentives.
c. Each Motorized Scooter shall have a unique identification number ("ID") matching that motorized scooter's
Quick Response ("QR') code. Each ID must be placed on both sides of the vertical post of the scooter and each digit
within the ID must be at least three inches (3") in height. This will aid with reporting, monitoring, and compliance
issues.
d. Motorized Scooters should be designed to accommodate, to the best extent feasible, people of all shapes and
sizes. Key features may include a one -size -fits -all highly durable design which contains front and rear wheel brakes,
as well as front and rear lights. The Successful Proposer(s) will not be responsible for providing helmet to users.
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e. The Successful Proposer(s) must design a System which is accessible both for subscribers as well as walk-up
users. The System must be accessible via a smart phone application, though alternatives for those without
smartphones is encouraged.
f. Successful Proposer(s) shall implement marketing and targeted community outreach plans, at their own expense,
and to the satisfaction of the City, to promote the use of Motorized Scooters, particularly in low-income
communities, and provide education regarding the rules, regulations and laws applicable to riding, operating, and
parking a Motorized Scooter, as well as safe, prudent, defensive, and courteous operation.
g. Successful Proposer(s) shall create a safety monitoring team to implement and enforce standard operating
procedures the team shall use to ensure that users are operating the scooters in a safe manner.
h. Successful Proposer(s) will require every Motorized Scooter User to pass a Motorized Scooter Safety Education
training provided by the Successful Proposer(s).
i. Each Motorized Scooter shall display the name of the Successful Proposer(s), (and if it can be accommodated, the
local business address) along with a unique identification number. Each Motorized Scooter shall have an
identification number ("ID") matching that motorized scooter's Quick Response ("QR') code and each digit within
the ID must be at least three inches (3") in height. Each ID must be placed on both sides of the vertical post of the
scooter. This will aid with reporting, monitoring, and compliance issues.
j. Successful Proposer(s) will require every Motorized Scooter User to show or scan a photographic identification,
which shall be a driver's license, a state identification, or a passport, which must indicate that every Motorized
Scooter User is at least eighteen (18) years old.
5. Data Sharing:
a. Successful Proposer(s) shall cooperate with the City in the collection and analysis of aggregated data
concerning its operations. All data furnished will be in a form reasonably acceptable to the Chief Information
Officer of the City. Successful Proposer(s) shall provide the City with real-time information on all Motorized
Scooters operating within its boundaries through a documented Application Programming Interface ("API").
Successful Proposer(s) shall provide the City Manager, and their designee, and the Chief Information Officer, with
the procedure and credentials to authenticate to the API.
b. Successful Proposer(s) shall publish to the API (1) the point location, and (2) identification number for each
Motorized Scooter. The City shall be permitted to display real-time data provided via the API and may publish
real-time Motorized Scooter availability data to the public.
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C. Successful Proposer(s) shall also provide the following anonymized data for each trip record through the API:
Field Name
Format
Description
Company Name
[Company Name]
N/A
Trip Record Number
XXX0001, XXX0002, XXX0003, ...
3 -Letter Company Acronym
+ Consecutive Trip Number
Trip Duration
MM:SS
N/A
Trip Distance
Feet
N/A
Start Date
MM/DD/YYYY
N/A
Start Time
HH:MM:SS (00:00:00 —
N/A
End Date
MM/DD/YYYY
N/A
End Time
HH:MM:SS (00:00:00 —
N/A
Start Location
XY or Lat/Lon Coordinates
XY or Lat/Lon Coordinates
N/A
End Location
XY or Lat/Lon Coordinates
N/A
Identification Number
xxxxI, xxxx2, ...
Unique Identification for Every
Motorized Scooter
1. Route: Successful Proposer(s) will create a GeoJSON Feature Collection where every observed point
in the route, plus a time stamp, should be included. The route must include at least two (2) points, a
starting point and end point. Additionally, it must include all possible GPS samples collected by a
provider.
2. Standard Cost: The cost, in cents that it would cost to perform that trip in the standard operation of the
System.
3. Actual Cost: The actual cost in dollars and/or cents paid by the user for the trip.
d. Successful Proposer(s) shall provide the City's Department of Innovation and Technology with well-developed
data through the Mobility Data Standard ("MDS") in two (2) different feeds: real-time/current information; and
historical information. In -trip, route telemetry data is required for analysis in MDS Historical feeds, but may be
excluded from the MDS Realtime feed. However, Successful Proposer(s) must provide scooter availability in
real-time for enforcement purposes.
e. The Successful Proposer(s) will be expected to provide quarterly reports to the City documenting ridership
and other pertinent information pertaining to carbon emission reductions compared with operating personal vehicles.
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f. At a minimum, the City will require monthly reports regarding performance of the Program including but not
limited to:
1. Program utilization, including data on points of origin and destination;
2. scooter distribution;
3. customer satisfaction/feedback;
4. membership levels (if applicable);
5. safety statistics;
6. complaints and their resolutions, and;
7. parking violations.
g. Each Successful Proposer will provide the City and the MPA with two (2) accounts/memberships/tokens each
at the cost of the Successful Proposers for the purposes of allowing government employees to regularly field test
compliance and safety features required on motorized scooters.
h. The City reserves the right to use a third -parry data aggregator and auditing service.
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4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements where
indicated. Proposals should contain the information itemized below and in the order indicated. This information
should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this
Solicitation. Proposals submitted which do not include the following items shall be deemed non-responsive and shall
not be considered for contract award.
The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the
proposed services. However, overly elaborate responses are neither requested nor desired.
Sealed written Proposals must be received by the Office of the City Clerk no later than the date, time and at the
location indicated in within the RFP cover page, in order to be considered. Faxed documents are not acceptable. One
(1) unbound original and six (6) USB drives each containing separate copies in digital format (USB in .pdf file
format), of the Proposer's Proposal must be timely received by the Office of the City Clerk, 3500 Pan American
Drive, Miami, FL 33133, or the Proposal will be disqualified. Untimely, misdelivered, or online submittals will not
be considered. NO EXCEPTIONS.
The responses to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non-responsive.
A. Include the signed RFP Certification Statement.
B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification
requirements, pursuant to Section 2.6, Proposer's Minimum Qualifications.
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract;
Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable
Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number.
Table of Contents
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below,
including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures,
should be clearly and consecutively numbered and correspond to the table of contents.
Executive Summary
A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and
Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the
organization, business phone and contact person and a summary of the work to be performed.
Proposer's Relevant Experience. Qualifications and Past Performance
i. Describe the Proposer's organizational history and structure, provide a brief history of the firm, including
years Proposer/firm has been in business providing a similar service(s), and indicate whether the City has previously
awarded any contracts to the Proposer/firm.
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ii. Provide the name of the Proposer's firm, corporation, joint venture, partnership, individual, or other legal
entity's address, telephone/fax/email address, name of contact individual, date incorporated, principals and officers
of Proposer, and federal employer identification number. Include location from where work will be performed.
iii. Provide specific qualifications, project experience, and credentials that demonstrate Proposer's ability to
perform the required scope of work. Proposer must clearly describe its qualifications and experience in the provision
of similar work of a similar nature in the scooter and/or micromobility industry. Include discussion of experience in
specific fields or industries related to the proposed project. Include any and all licenses and certifications held.
iv. Discuss Proposer's and/or Team's overall resources, including personnel, equipment, present work load,
supervision and coordinating capacity, etc.
V. Provide a list of clients that have discontinued use of Proposer's services within the past two (2) years and
indicate the reasons for the same. The City reserves the right to contact any reference as part of the evaluation
process.
vi. Provide a complete list of clients for which Proposer has provided a similar service(s) as required in this
RFP. This list should detail Proposer's experience and include those services performed within the past five (5)
years, as applicable. Include the name, address, phone number(s) and contact persons within each organization. The
City reserves the right to contact references as part of the evaluation process.
vii. Provide a list of not less than three (3) references within the past five (5) years for whom similar services
were performed. Include the overall value of the contract, the term of the contract, and include the address, phone
number(s) and contact persons within each organization. The City reserves the right to contact any reference as part
of the evaluation process.
viii. Describe any litigation or proceeding against Proposer, its partners, managers, sub-consultants/contractors
and/or other key staff members, within the past five (5) years. Provide the circumstances and statuses of any
disciplinary actions taken or pending against the Proposer, its partners, managers and/or other key staff members, by
the state regulatory bodies or professional organizations or by any court or administrative agency which has ruled
against its professional activities or performance.
ix. Describe any current or pending litigation or proceeding involving Proposer, its partners, managers and/or
other key staff members, and its professional activities or performance, if applicable. State the nature of the
litigation, a brief description of each case, the outcome or projected outcome, and the monetary amounts involved.
X. Discuss any bankruptcies involving Proposer, its partners, manager, and/or other key staff members, if
applicable.
Relevant Experience and Qualifications of Key Personnel
i. Provide copies of resumes and describe meaningful experiences in implementing automated on -demand
electric scooter sharing systems of the partners, managers, key staff members, and other supervisory staff assigned
to this project including names and overall work to be performed. The City reserves the right to contact any
reference as part of the evaluation process.
ii. Provide the name of the Project Manager and other individual(s) who would be assigned to the project and
referencing those individual(s) who are experienced with scooter sharing systems. Discuss the specific qualifications
and experience of the Project Manager and/or Team member(s) to be assigned to the engagement, particularly as it
relates to scooter sharing projects of similar scope.
iii. Should Proposer plan to utilize a Sub-Contractor(s), provide detailed information regarding qualifications
and experience, and the work to be performed related to the Scope of Services for each proposed Sub-Contractor(s),
highlighting all similar experience as addressed in this RFP and anticipated to be performed by each of the same.
Proposer shall provide for each Sub-Contractor(s) the same information required of Proposer. The City retains the
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right to accept or reject any Sub-Contractor(s) proposed. The City reserves the right to contact any reference as part
of the evaluation process.
iv. Describe your team's experience advancing transportation and mobility priorities in Miami.
V. Describe your firm's accreditation by national organizations and disclose any conduct code violations recorded
by such organizations.
vi. Clearly identify which team members will perform the functions detailed in your proposal, including any
subcontractors.
Proposer's Proposed Approach to Providing Services
i. Provide a description of the Proposer's overall Approach and Methodology to be utilized during this
engagement, per each element of work depicted in the Scope of Services.
ii. Provide a tentative schedule for performing key aspects of the automated scooter sharing system.
iii. Provide detailed responses to each of the City's requirements as stipulated within Section 3,
Specifications/Scope of Work, of this RFP.
iv. Provide a list of any additional services, not included in this Solicitation, that the Proposer can offer to the
City.
V. Describe your proposed deployment areas, including your approach to site assessment and stakeholder
engagement.
vi. Provide a project schedule that describes your intended launch of the automated on -demand electric scooter
sharing System. Include anticipated planning and deliverables.
vii. Describe where and how scooters may be operated and parked. Specifically address the following: - Any
geographic limitations for where scooters may be operated, parked, or rented. Note: Parked scooters, proposed
stations, designated docking/parking locations, and/or other collection points shall not hinder access under the
Americans with Disabilities Act ("ADA"), public access, or access to private businesses. - Any "Lock -to"
requirements or other rules to create a more orderly System; -Any use of GPS or geo-fencing technology to enforce
parking/operating compliance;
viii. Provide a detailed description of maintenance plans for both regular service intervals as well as emergency
repairs to all Program equipment to ensure safe and working conditions at all times. Descriptions should include
procedures and protocol for extreme weather, emergencies, special events, and public maintenance (e.g. trash
removal) for scooter parking & infrastructure zones.
ix. Propose your hours of operation for use of the scooters.
X. Provide to the City the 24 hour / 7 days per week contact information (name, phone number, address, and
email) of a locally -based manager/operations staff with decision-making power who can respond to City requests,
emergencies, and other issues at any time. This information must be displayed on every piece of System equipment.
xi. Describe your process for daily collection of scooters and preparation for daily use including charging.
xii. Describe your customer service protocols, complaint response protocols, and your expected response times
to customer service and complaint issues.
xiii. Provide your approach to relocating or adding additional stations.
xiv. Describe how rides are tracked (e.g., GPS, user's phone, etc.).
xv. Identify what roles your proposal requests from the City, if any. Proposals requesting or relying on funding
from the City will be considered non-responsive.
xvi. Describe how the Program may address first mile/last mile challenges to the City's Transit System.
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xvii. Provide details on scooter infrastructure, including any docking stations or other temporary, semi-
permanent, or permanent infrastructure necessary to support the program. Details should include space
requirements, marking/signage, electrical requirements, and operations & maintenance requirements
xviii. Provide samples of any proposed signage incidental to the operation of the Program, to include proposed
placement, sizing, and dimensions. All signage must be compliant with the City zoning code.
xix. Describe your System for reserving scooters through mobile and web -based platforms.
xx. Describe how your pricing options will address the needs of low-income residents, non-English speakers,
and those without access to credit cards or smartphones (e.g., discount programs, cash -payment options, etc.).
xxi. Provide details of customer service system to be provided, including staffmg, wait time or availability,
languages, and medium (text, phone, twitter, etc.).
xxii. Describe your labor and workforce policies, particularly any innovative training, and career pathway
opportunities for employees and residents of Miami.
7. Application ("App")
i. Describe the capabilities of your firm's app and the user experience.
ii. Describe the possibilities of development of an app that can house multiple shared mobility devices
including those provided by the City (e.g., Citibike).
iii. Describe the possibilities of developing an app that will host other shared mobility devices, rideshare
services vehicles, car-pool vehicles, and van -pool vehicles. Describe how the unique aspects of each transportation
mode will be managed.
iv. Describe how the app will support directing City event visitors to proper parking locations.
8. Proposer's Safety, Marketing, and Awareness Plan
i. Provide a detailed specification of the scooters, stations, and any equipment accessories to be used. Include
details on the motors, top speed the scooter may achieve, how the scooters will work with the topography of Miami,
branding, any onboard technology, lighting, safety features, and all other amenities.
ii. Describe your plan to encourage rider safety and your System for educating riders on safety protocols, safe
riding, parking, and rider compliance with local laws and regulations. Successful Proposer shall be solely
responsible for users of the Program and shall hold harmless and indemnify the City.
iii. Describe how your firm will engage with the public to promote responsible use and safety awareness for
both users and non-users.
iv. Describe rider -specific rules, e.g. age limits, helmets, weather restrictions, etc.
V. Describe your protocols for educating System users on lawful and safe operation of the electric scooters.
vi. Provide safety records for similar installations and describe efforts that resulted in safety improvements.
vii. Describe your plan to publicize and market the System.
viii. Describe how your firm will reach underserved communities through education and strategic positioning of
the shared mobility devices.
ix. Describe any ADA complaints or similar violations received at current installations and steps taken to
resolve complaints/issues.
X. Describe your approach to creating the safety monitoring team and what measures the team will take to
ensure that users are operating the scooters in a safe manner.
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Request for Proposals (RFP) 1170387
xi. Describe your approach to preventing two (2) users from using one (1) scooter simultaneously.
xii. Describe your approach to enforcing a ban on users that repeatedly misuse scooters, endanger others, or
violate terms of use.
9. Equipment
Provide specific details of the proposed equipment and supporting elements:
i. Type and specifications of all devices. The Selection Committee may request a device demonstration if
desired to clarify or confirm device details or functionality.
ii. Number of devices proposed at launch and anticipated at the maximum during the pilot program. Please also
indicate the proposed size of the "buffer stock" required to maintain the approved deployed fleet quantity. Please
note, all devices to include "buffer stock" will be subject to any per device fees and/or registration requirements.
iii. Device communications, device location systems, device capabilities, and system data collection details.
iv. Functionality and features of software and operations management systems.
V. Identify ability to provide the minimum number of devices needed to deploy at program launch date.
vi. Identify location of local warehouse or operational centers.
vii. Identify the precision of geofencing applications used with the Proposers' scooters paying attention to ping
rates, lag time, and any other factor affecting the response time of Proposers' scooters to geofencing applications.
10. Data
i. Describe your approach to sharing information with the City about program functionality, usage, and safety,
including what data is collected and will be reported, and how your team will respond to data requests.
ii. Describe in detail the front and back -end technology, including but not limited to, data availability,
specifications and content.
iii. Provide the scope and specifications of data available.
iv. Describe the method of making data available to the City, including components/details of a data dashboard.
Include screenshots and provide examples of any similar monthly reports. Monthly reports will be required showing
ride data, including data for rides originating/terminating within the City.
V. Describe the plan for monitoring system effectiveness, customer satisfaction, and municipal relationships
over time.
vi. Describe the plan to comply with privacy laws and best practices. Provide your most recent third -party
Payment Card Industry Data Security Standard (PCI DSS) audit.
vii. Describe the plan to protect personal customer data.
viii. Describe what, if any, user data you intend to collect and sell; and if so how this will be communicated to
users and how they will be able to opt -out.
11. Proposer's Proposed Compensation to the City (Refer to Sections 2.15 and 2.16 of this RFPI
i. Proposer shall state its price for providing the services as stated within this Solicitation. Proposer shall
submit pricing stated as a Minimum Annual Guarantee for the right to operate a Shared Motorized Scooter Program,
which shall be due in twelve (12) equal monthly payments.
ii. Proposer shall submit pricing to pay the City a Motorized Scooter Trip Fee, related to the operation of the
Shared Motorized Scooter Program.
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Request for Proposals (RFP) 1170387
iii. Proposer must use Attachment C, Compensation Proposal.
FAILURE TO SUBMIT ATTACHMENT C, COMPENSATION PROPOSAL AS REQUIRED AND IN THE
FORMAT DESCRIBED ABOVE SHALL DISQUALIFY PROPOSER FROM CONSIDERATION.
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Request for Proposals (RFP) 1170387
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Each proposal will be reviewed to determine whether or not it is responsive to the submission requirements outlined
in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all
required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has
appropriate signatures as applicable. Failure to comply with these requirements may result in the proposals being
deemed non-responsive.
Proposals will be evaluated by an Evaluation Selection Committee ("Committee") which will evaluate and rank
proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of
the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized
with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the
criteria and weight:
Technical Criteria and Points
Proposer's Relevant Experience, Qualifications, and Past Performance (10 points)
Relevant Experience and Qualifications of Key Personnel (5 points)
Proposer's Proposed Approach to Providing Services (15 points)
Proposer's Application (10 points)
Proposer's Safety, Marketing, and Awareness Plan (30 points)
Proposer's Equipment (10 points)
Proposer's Data Sharing (10 points)
Price Criteria and Points
Proposer's Proposed Compensation to the City (10 points)
Maximum Points Available: 100 points
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City of Miami RFP 1170387
ATTACHMENT A
CITY OF MIAMI LIVING WAGE ORDINANCE
ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY
EMPLOYEES
Footnotes:
(9)
Note— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006.
Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004,
repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing
authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001.
Sec. 18-556. - Definitions.
City means the government of the City of Miami or any authorized agents, any board, agency, commission,
department, or other entity thereof, or any successor thereto.
Contract means any contract to provide services to the city in which the total value of the contract exceeds
$100,000.00 per year.
Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability
company, joint venture, or similar business entity which meets the following criteria:
(1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds,
special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like,
whether by competitive bid process, requests for proposals, or some other form of competitive
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and
(2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of
the city. This section shall apply to employees of the contractor who spend the majority of their time on
covered City of Miami service contracts. If the contract is for both goods and services it shall only apply
to the services portion of such contract. This section shall not apply to contracts which are primarily for
the sale or leasing of goods. Goods are defined in section 18-73 of the City Code.
Covered employee means anyone employed by the city working more than 35 hours per week or any service
contractor employee, working full or part-time, with or without benefits, that is involved in providing services under
the service contractor's contract with the city.
Covered employer means the city and any and all service contractors and subcontractors of a service
contractor.
Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted
once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by
the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all
request for proposals, or other competitive solicitation documents, issued by the city for the procurement of
services (unless the living wage provisions are excluded as provided in section 18-557 herein).
New service contracts means those having contracts competitively solicited and awarded on or after January
1, 2017.
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Service contract means a contract to provide services to the city excluding, however, professional services
as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the
City Code and/or the other exclusions provided by section 18-557 of the City Code.
(Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16)
Sec. 18-557. - Living wage.
(a) Living wage paid.
(1) New service contractors. All new service contracts shall pay to all its employees who provide covered
services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
$13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this
article.
(2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to
January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall
continue to be governed by the terms and conditions of the respective solicitation and resulting
contractual documents, when applicable.
(3) The living wage provisions shall apply to all contracts covered by this section unless specifically
excluded by one or more subsections below:
a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements,
or by a contract the city is accessing by "piggybacking", and which contract does not include a living
wage provision;
b. Funding sources for the contract disallow the living wage provision or provide contradictory funding
requirements, or are contained in a contract awarded or solicited prior to the effective date of
January 1, 2017, and which contract includes renewals or extensions;
c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S.
§ 287.055, for the professional services within the scope of the practice of architecture, professional
engineering, landscape architecture, registered surveying, and/or mapping;
d. The living wage provision is waived by the city commission by resolution, prior to issuance of the
competitive solicitation document, upon written recommendation of the city manager or authorized
designee, when the city commission finds it is in the best interest(s) of the city to approve such
waiver, in which case the living wage provision shall not apply in the competitive solicitation
document; or
e. All responsible wage construction contracts covered by section 18-120 of this Code.
(4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase-
in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the
2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval,
shall have the option to consider whether it is in the city's best interest to complete the phase-in payment
of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city
shall be subject to negotiations within the collective bargaining structure.
(b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the
lower wage scale available when a covered employer also provides a standard health benefit plan, such
health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits
for covered employees and their dependents and shall be approved by the city.
If the health benefit plan of the covered employer requires an initial period of employment for a new employee
to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per
hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will
be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days.
(c) Certification required before payment. Any and all service contracts subject to this article shall be void, and
no funds may be released, unless prior to entering any such contract with the city, the service contractor
certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this
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RFP 1170387
certificate must be made available to the public upon request. The certificate, at a minimum, must include
the following:
(1) The name, address, and phone number of the employer, a contact person, and the specific project for
which the service contract is sought;
(2) The amount of the service contract and the city department the contract will serve.
(3) A brief description of the project or service provided;
(4) A statement of the wage levels for all covered employees; and
(5) A commitment to pay all covered employees the living wage.
(d) Observation of otherlaws. Every covered employee shall be paid without subsequent deduction or rebate on
any account (except as such payroll deductions as are directed or permitted by law or by a collective
bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with
federal and all other applicable laws such as overtime and similar wage laws.
(e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article,
at the site of the work in a prominent place where it can easily be seen and read by the covered employees
and shall be supplied to such employees within a reasonable time after a request to do so. Additionally,
service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity
submitting a bid for a subcontract on any service contract subject to this article.
Posting requirements will not be required where the service contractor subject to this article, prints the
following statements on the front of the covered employee's first paycheck and every six months thereafter. "You
are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are
being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be
printed in English, Spanish and Creole.
(f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor
subject to this article, to reduce wages set by a collective bargaining agreement or as required under any
prevailing wage law.
(Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13;
Ord. No. 13648, § 2, 11-17-16)
Sec. 18-558. - Implementation.
(a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as
described in this article, shall maintain payroll record for all covered employees and basic records relating
thereto and shall preserve them for a period of three years from the date of termination or expiration of the
service contract. The records shall contain:
(1) The name and address of each covered employee;
(2) The job title and classification;
(3) The number of hours worked each day;
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments including contributions to approved plans; and
(8) Any other data or information the city shall require from time to time.
(b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as
described in this article, shall file with the city's procurement director a listing of all covered employees
together with a certification of compliance with this article. Upon request from the city, the service contractor
shall produce for inspection and copying its payroll records for any or all of its covered employees for any
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RFP 1170387
period covered by the service contract. The city may examine payroll records as needed to ensure
compliance.
(Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09)
Sec. 18-559. - Compliance and enforcement.
(a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or
representatives to observe work being performed at, in or on the project or matter for which the service
contractor has a contract. The city representatives may examine the books and records of the service
contractor relating to the employment and payroll of covered employees and may survey covered employees
to determine if the service contractor is in compliance with the provisions of this article.
(b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a
service contractor and that the service contractor is or was not complying with the requirements of this article
has a right to file a complaint with the procurement director of the city. Such complaints may be made at any
time and shall be investigated within a reasonable period of time by the city. Written and oral statements by
any such employee shall be treated as confidential and shall not be disclosed without the written consent of
the employee to the extent allowed by the Florida Statutes.
(c) Private right of action against service contractor. Any covered employee or former covered employee of a
service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in
addition to such procedure, bring an action by filing suit against the service contractor in any court of
competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits,
attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided
in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court
may also impose sanctions on the service contractor, including those persons or entities aiding or abetting
the service contractor, to include wage restitution to the affected covered employee and damages payable
to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have
violated this article.
(d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor
by requiring the service contractor to pay wage restitution at its expense for each affected employee. The
city may also sanction the service contractor in at least one of the following additional ways:
(1) The city may impose damages in the sum of $500.00 for each week for each covered employee found
to have not been paid in accordance with this article;
(2) The city may suspend or terminate payment under the service contract or terminate the contract with
the service contractor; and
(3) The city may declare the service contractor ineligible for future service contracts for three years or until
all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall
be ineligible for a service contract where principal officers of such employer were principal officers of a
service contractor who has been declared ineligible under this article.
(4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend
the contractor as provided therein.
(e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record.
(f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or
parties aiding and abetting in any violation of this article.
(g) Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or
otherwise discriminate against any covered employee for making a complaint to the city, or otherwise
asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies
to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city
administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and
reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief
as deemed appropriate.
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(h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite
for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not
be construed to limit an employee's right to bring a common law cause of action for wrongful termination.
(Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16)
Sec. 18-560. - Employers receiving direct tax abatement or subsidy.
The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017
on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city.
(Ord. No. 13648, § 2, 11-17-16)
Secs. 18-561-18-599. - Reserved.
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The City of Miami — Attachment B
RFP 1170387
INSURANCE DEFINITIONS, CONDITIONS, AND ADDITIONAL REQUIREMENTS
The Successful Proposer agrees to provide and maintain throughout the life of this
contract and at Successful Proposer's expense insurance coverage outlined herewith as
applicable insuring all operations related to the contract and any extensions thereof.
Workers Compensation and Employers Liability
Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable,
and this coverage is subject to the Laws of the State of Florida. This coverage protects
against lawsuits stemming from workplace accidents. It provides for medical care to
injured employees, along with compensation for lost income.
Commercial General Liability
It protects against accidents and injuries that occur on company property or the property
of a customer. It compensates an injured person or owner of property for injuries and
property damages, and the cost of defending lawsuits, including legal settlements or
investigations. This policy also covers claims resulting from products exposures, libel,
slander, copyright infringement, and other personal and advertisement injuries.
Commercial Automobile Liability
It protects against liability, no fault, medical payments, uninsured and underinsured
motorists claims, collision and other than collision physical damage. In addition, this policy
affords coverage on autos that are hired or borrowed or non -owned for use in the
business. The non -owned can be autos owned by employees or members of their
households.
Non -Owned Auto exposures can be endorsed or added under the Commercial General
Liability Policy.
Professional/Errors and Omissions Liability
Used by many professionals such as engineers, lawyers, accountants, stock brokers,
financial advisers, insurance agents, court reports, dentists, nurses and teachers. It
protects against the financial effects of liability lawsuits filed by clients. It basically protects
professionals who cause harm to a client due to incompetence, errors , or negligence.
The City of Miami — Attachment B RFP 1170387
Umbrella Liability
It protects against liability and losses after primary insurance benefits have been
exhausted. This supplemental coverage kicks in only after the underlined liability policies
have paid their maximum benefits.
Environmental Liability
It protects against the financial costs of claims of injury or damage due to pollution, and
other costs of cleaning up pollutants. These policies are designed to cover both property
and liability risks.
Directors and Officers Liability
This coverage protects against claims from stockholders, employees and clients that are
also aimed individually at directors and officers. These claims typically stem from errors
in judgement, breaches of duty and wrongful acts in connection with company business.
Cyber Liability
It protects against costs of the theft, destruction or unauthorized use of electronic data
through computer viruses or network intrusions. It also adds protection to a business
against such costs if a business fails to safeguard another party's electronic data.
Companies sharing data outside their internal network benefit from this coverage
Commercial Property
It protects against claims or damages to the insured's buildings, business personal
property and personal property of others. It can also provide for loss of business income
coverage or extra expenses incurred because of physical loss by a covered peril to the
insured's property.
Commercial Crime
It protects against loss of money, securities and other property because of a variety of
criminal acts such as employee theft or embezzlement, burglary, robbery, forgery,
computer fraud, kidnapping and extortion. Crime insurance also covers money and
securities against damage or destruction by almost any cause of loss, not just crime.
The City of Miami — Attachment B RFP 1170387
Builders Risk
It protects against damage to or destruction of buildings or other structures during their
construction. Any party with a financial interest in a construction, remodeling, or repair
project benefits from this coverage.
Surety Bonds
Surety bonds are three party contracts. The principal, the party that undertakes the
obligation, pays for the issuance of a bond by a surety company. The bond provides
capital to guarantee the obligation will be performed. The obligee is the party that receives
the benefit of the bond If the obligation is improperly performed. If payment and
performance bonds are required such bonds must be substantially in the form prescribed
by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of
Miami Director of the Department of Risk Management.
Valuable Papers
It pays for the cost to reconstruct damaged or destroyed valuable papers and records.
Typically is defined to include almost all forms of printed documents or records with the
exception of money or securities, and data and media which is usually excluded.
Additional Requirements
The Successful Proposer must furnish the City of Miami, Department of Procurement,
and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original
Certificates of insurance to be in force on the date of this Contract, and Renewal
Certificates of insurance thereafter. All policies indicated on the certificate must be in
compliance with all Contract requirements. The failure of the City to obtain the applicable
or corresponding certificates from Contractor is not a waiver by the City of any
requirements for the Successful Proposer.
The Successful Proposer must furnish Certificates insurance listing the City of Miami as
an additional insured. All insurance certificates must be signed, dated and reference the
City contract number.
The insurance must provide for sixty (30) days prior written notice to be given to the City
in the event coverage is substantially changed, canceled, or non -renewed.
Any deductibles or self-insured retentions on referenced insurance coverages must be
borne by Successful Proposer. The Successful Proposer further agrees to have insurers
waive their rights of subrogation against the City of Miami, its employees, elected officials,
agents, or representatives.
The City of Miami — Attachment B RFP 1170387
The coverages and limits furnished by Successful Proposer in no way limit the Successful
Proposer's liabilities and responsibilities specified within the Contract or law.
Any insurance or self-insurance programs maintained by the City of Miami shall not
contribute with insurance provided by the Successful Proposer under the Contract.
The required insurance to be carried is not limited by any limitations expressed in the
indemnification language in this Contract or any limitation placed on the indemnity in this
Contract given as a matter of law.
If the Successful Proposer is a joint venture or limited liability company, the insurance
policies must name the joint venture or Limited Liability Company and each of its separate
constituent entities as named insureds.
The Successful Proposer must require all subcontractors to provide the insurance
required herein. All subcontractors are subject to the same insurance requirements of the
Successful Proposer unless otherwise specified in this Contract.
If the Successful Proposer or subcontractor desire additional coverages, the party
desiring the additional coverages is responsible for the acquisition and cost.
Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk
Management Department maintains and reserves the right to modify, delete, alter or
change these requirements.
Note:
The duty to carry and maintain insurance during the life of the contract will survive the
cancellation or expiration, as applicable, under the Contract.
City of Miami, Florida — Attachment C Contract No. RFP1170387
Compensation Proposal
Provide Proposer's payment proposal on this Attachment C "Compensation Proposal Schedule",
pursuant to Section 2.15, "Compensation". The pricing includes a Minimum Annual Guarantee
("MAG"), and an individual Motorized Scooter Trip Fee as further detailed below.
A. The Successful Proposer shall pay a MAG for the right to operate Shared Motorized
Scooters, which shall be due in twelve (12) equal monthly payments.
The Successful Proposer shall pay the City of Miami
(Insert written amount)
($ ) per month.
(Insert number)
dollars
The MAG shall be received by the City of Miami from the Successful Proposer on or before the
first day of each month, as of the first date of the implementation of the Shared Motorized
Scooters. The MAG shall be adjusted upward at the end of each Agreement Year, at a rate
consistent with the latest Consumer Price Index (CPI), this CPI adjustment will be based on the
CPI Index -All Urban Consumers, Miami -Fort Lauderdale, FL, All items.
B. The Successful Proposer proposes to remit to the City a Motorized Scooter Trip Fee of
($ ) per motorized scooter trip, related to the operation of the Shared
(Insert number) Motorized Scooters.
Notes:
1) The MAG shall be no less than $75,000.00 annually, to be paid in twelve (12) equal
monthly installments (no less than $6,250.00, due on or before the first day of each month,
without billing.
2) The Motorized Scooter Fee shall be no less than $0.30 per motorized scooter trip, to be
paid in twelve (12) monthly installments on the tenth (10th) day of each month for the
preceding month without billing.
3) The MAG and Motorized Scooter Fee stated shall be guaranteed.
4) Notwithstanding any proposed prices, the City of Miami reserves the right to negotiate the
final amounts of the MAG and Motorized Scooter Fee.
Signature
Print Name
Date
The City of Miami — Attachment D
Florida Statutes, Section 316.003 Definitions.
RFP 1170387
The following words and phrases, when used in this chapter, shall have the meanings respectively
ascribed to them in this section, except where the context otherwise requires:
(11) CHILD.—A child as defined in s..39.01, s. 984.03, or s. 985.03.
(38) MICROMOBILITY DEVICE.—Any motorized transportation device made available for private use by
reservation through an online application, website, or software for point-to-point trips and which is not
capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes
motorized scooters and bicycles as defined in this chapter.
(45) MOTORIZED SCOOTER.—Any vehicle or micromobility device that is powered by a motor with or
without a seat or saddle for the use of the rider, which is designed to travel on not more than three
wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on
level ground.
Florida Statutes, Section 316.2128 Micromobility devices, motorized scooters, and miniature
motorcycles; requirements.
(1) The operator of a motorized scooter or micromobility device has all of the rights and duties
applicable to the rider of a bicycle under s. 316.2065, except the duties imposed by s. 316.2065(2),
(3)(b), and (3)(c), which by their nature do not apply. However, this section may not be construed to
prevent a local government, through the exercise of its powers under s. 316.008, from adopting an
ordinance governing the operation of micromobility devices and motorized scooters on streets,
highways, sidewalks, and sidewalk areas under the local government's jurisdiction.
(2) A motorized scooter or micromobility device is not required to satisfy the registration and
insurance requirements of s. 320.02 or the licensing requirements of s. 316.605.
(3) A person is not required to have a driver license to operate a motorized scooter or micromobility
device.
(4) A person who offers motorized scooters or micromobility devices for hire is responsible for
securing all such devices located in any area of the state where an active tropical storm or hurricane
warning has been issued by the National Weather Service.
(5) A person who engages in the business of, serves in the capacity of, or acts as a commercial seller of
miniature motorcycles in this state must prominently display at his or her place of business a notice that
such vehicles are not legal to operate on public roads, may not be registered as motor vehicles, and may
not be operated on sidewalks unless authorized by an ordinance enacted pursuant to s. 316.008(7)(a) or
s. 316.212(8). The required notice must also appear in all forms of advertising offering miniature
motorcycles for sale. The notice and a copy of this section must also be provided to a consumer prior to
the consumer's purchasing or becoming obligated to purchase a miniature motorcycle.
(6) Any person selling or offering a miniature motorcycle for sale in violation of this section commits an
unfair and deceptive trade practice as defined in part 11 of chapter 501.
The City of Miami — Attachment D RFP 1170387
Florida Statutes, Section 316.2065 Bicycle regulations.
(1) Every person propelling a vehicle by human power has all of the rights and all of the duties
applicable to the driver of any other vehicle under this chapter, except as to special regulations in this
chapter, and except as to provisions of this chapter which by their nature can have no application.
(2) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat
attached thereto.
(3)(a) A bicycle may not be used to carry more persons at one time than the number for which it is
designed or equipped, except that an adult rider may carry a child securely attached to his or her person
in a backpack or sling.
(b) Except as provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4
years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that
age or size and that secures and protects the child from the moving parts of the bicycle.
(c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the
rider is not in immediate control of the bicycle.
(d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is
properly fitted and is fastened securely upon the passenger's head by a strap and that meets the federal
safety standard for bicycle helmets, final rule, 16 C.F.R. part 1203. A helmet purchased before October
1, 2012, which meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle
Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective
Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted
by the department may continue to be worn by a bicycle rider or passenger until January 1, 2016. As
used in this subsection, the term "passenger" includes a child who is riding in a trailer or semitrailer
attached to a bicycle.
(e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a
verbal warning to a bicycle rider or passenger who violates this subsection. A bicycle rider or passenger
who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine
for a pedestrian violation, as provided in s. 318.18. The court shall dismiss the charge against a bicycle
rider or passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet that
complies with this subsection.
(4) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same
or himself or herself to any vehicle upon a roadway. This subsection does not prohibit attaching a bicycle
trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has
been designed for such attachment.
(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the
time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if
no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway
except under any of the following situations:
The City of Miami — Attachment D RFP 1170387
1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition or potential conflict, including, but not
limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal,
surface hazard, turn lane, or substandard -width lane, which makes it unsafe to continue along
the right-hand curb or edge or within a bicycle lane. For the purposes of this subsection, a
"substandard -width lane" is a lane that is too narrow for a bicycle and another vehicle to travel
safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may
ride as near the left-hand curb or edge of such roadway as practicable.
(6) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or
parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast may not impede
traffic when traveling at less than the normal speed of traffic at the time and place and under the
conditions then existing and shall ride within a single lane.
(7) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front
exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector
on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider
may be equipped with lights or reflectors in addition to those required by this section. A law
enforcement officer may issue a bicycle safety brochure and a verbal warning to a bicycle rider who
violates this subsection or may issue a citation and assess a fine for a pedestrian violation as provided in
s. 318.18. The court shall dismiss the charge against a bicycle rider for a first violation of this subsection
upon proof of purchase and installation of the proper lighting equipment.
(8) No parent of any minor child and no guardian of any minor ward may authorize or knowingly
permit any such minor child or ward to violate any of the provisions of this section.
(9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway
upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same
circumstances.
(10) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a
crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian.
(11) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar
device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing,
such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians.
(12) This section shall not apply upon any street while set aside as a play street authorized herein or as
designated by state, county, or municipal authority.
(13) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the
bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.
The City of Miami — Attachment D
RFP 1170387
(14) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the
bicycle has an identifying number permanently stamped or cast on its frame.
(15)(a) A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the
age of 16 years unless:
1. The child possesses a bicycle helmet; or
2. The lessor provides a bicycle helmet for the child to wear.
(b) A violation of this subsection is a nonmoving violation, punishable as provided in s. 318.18.
(16) The court may waive, reduce, or suspend payment of any fine imposed under subsection (3) or
subsection (15) and may impose any other conditions on the waiver, reduction, or suspension. If the
court finds that a person does not have sufficient funds to pay the fine, the court may require the
performance of a specified number of hours of community service or attendance at a safety seminar.
(17) Notwithstanding s. 318.21, all proceeds collected pursuant to s. 318.18 for violations under
paragraphs (3)(e) and (15)(b) shall be deposited into the State Transportation Trust Fund.
(18) The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a
child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or
contributory negligence.
(19) Except as otherwise provided in this section, a violation of this section is a noncriminal traffic
infraction, punishable as a pedestrian violation as provided in chapter 318. A law enforcement officer
may issue traffic citations for a violation of subsection (3) or subsection (15) only if the violation occurs
on a bicycle path or road, as defined in s. 334.03. However, a law enforcement officer may not issue
citations to persons on private property, except any part thereof which is open to the use of the public
for purposes of vehicular traffic.
Florida Statutes, Section 316.1995 Driving upon sidewalk or bicycle path.—
(1) Except as provided in s. 316.0081 s. 316.212(8), or s. 316.2128, a person may not drive any vehicle
other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent
or duly authorized temporary driveway.
(2) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as
provided in chapter 318.
(3) This section does not apply to motorized wheelchairs.
Sample Professional Services Agreement Contract No. RFP1170387
PROFESSIONAL SERVICES AGREEMENT
By and Between
The Citv of Miami. Florida
And
CONTRACTOR
This Professional Services Agreement ("Agreement") is entered into this day of
2020 by and between the City of Miami, a municipal corporation of the State
of Florida, whose address is 444 S.W. 211 Avenue, 10th Floor, Miami, Florida 33130 ("City"), and,
company, qualified to do business in the State of Florida whose principal
address is , hereinafter referred to as the ("Contractor")
RECITALS:
WHEREAS, the City of Miami issued Request for Proposal No. 1170387, on ,
2020 (the "RFP" attached hereto, incorporated hereby, and made a part of as Exhibit A) for the
provision of Shared Motorized Scooters, ("Services" as more fully set forth in the scope of work
"Scope" attached hereto as Exhibit B) for the City of Miami's Department of Public Works, and
Contractor's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof
as Exhibit C), in response thereto, has been selected as the most qualified proposal for the
provision of the Services.
WHEREAS, the Evaluation/Selection Committee appointed by the City Manager
determined that the Proposal submitted by the Contractor was responsive to the RFP
requirements, and recommended that the City Manager negotiate with the Contractor; and
WHEREAS, the City wishes to engage the Services of Contractor, and Contractor wishes
to perform the Services for the City; and
WHEREAS, the City and the Contractor desire to enter into this Agreement under the
terms and conditions set forth herein;
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NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Contractor and the City agree as follows:
TERMS:
1. RECITALS AND INCORPORATIONS: DEFINITIONS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement. The City's RFP is hereby incorporated into and made a part of this Agreement and
attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and
made a part of this Agreement and attached as Exhibit "B". The Contractor's Response and Price
Schedule, dated , 2020 in response to RFP 1170387, is hereby incorporated into
and made a part of this Agreement as attached Exhibit "C". The Contractor's Insurance Certificate
is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order
of precedence whenever there is conflicting or inconsistent language between documents is as
follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2)
Addenda/Addendum to the RFP, if any; (3) RFP; and (4) Contractor's response and Price
Schedule, d a t e d , 2020 acknowledging scope of services and pricing
component of services and, response to the Request for Proposals.
2. TERM:
The Agreement shall become effective on the date on the first page and shall be for the
duration of five (5) years: Initial term of three (3) years with an option to renew for one (1) additional
two (2) year period. The City, acting by and through its City Manager, shall have the option to
extend or terminate the Agreement for convenience, that is, for any or no cause.
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3. SCOPE OF SERVICES:
A. Contractor agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Contractor represents to the City that: (i) it possesses all qualifications, licenses,
certificates, authorizations, and expertise required for the performance of the Services, including
but not limited to full qualification to do business in Florida, and meet all requirements of section
468.385, et seq., Florida Statutes; (ii) it is not delinquent in the payment of any sums due the City,
including payment of permits, fees, occupational licenses, etc., nor in the performance of any
obligations or payment of any monies to the City; (iii) all personnel assigned to perform the
Services are and shall be, at all times during the term hereof, fully qualified and trained to perform
the tasks assigned to each and possess the licenses , registrations, and certifications required by
law to perform such tasks ; (iv) the Services will be performed in the manner described in Exhibit
"A"; and (v) each person executing this Agreement on behalf of Contractor has been duly
authorized to so execute the same and fully bind Contractor as a party to this Agreement.
C. Contractor shall always provide fully qualified, competent, and physically capable
employees to perform the Services under this Agreement. Contractor shall possess and maintain
any required licenses, permits and certifications to perform the Services under this Agreement.
City may require Contractor to remove any employee the City deems careless, incompetent,
insubordinate, intoxicated on the job, or otherwise objectionable and whose continued services
under this Agreement is not in the best interest of the City.
4. COMPENSATION:
A. The amount of compensation payable to the City by the Contractor shall be based
on the price quoted in Exhibit "B" hereto, which by this reference is incorporated into and made a
part of this Agreement.
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Sample Professional Services Agreement Contract No. RFP1170387
B. Contractor agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Contractor and not paid directly by the
City, and (ii) any and all liabilities regarding payment to, or use of, subcontractors for any of the
Services related to this Agreement shall be borne solely by Contractor.
5. OWNERSHIP OF DOCUMENTS:
Contractor understands and agrees that any information, document, report, data or other
digital record, or any other material whatsoever which is given by the City to Contractor, its
employees, or any subcontractor, or which is otherwise obtained or prepared by Contractor solely
and exclusively for the City pursuant to or under the terms of this Agreement, is and shall always
remain the property of the City. Contractor agrees not to use any such information, document,
report, data, or material for any other purpose whatsoever without the written consent of the City
Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion.
Contractor is permitted to make and to maintain duplicate copies of the files, records, documents,
etc. if Contractor determines copies of such records are necessary after the termination of this
Agreement; however, in no way shall the confidentiality as permitted by applicable laws be
breached. The City shall maintain and retain ownership of any and all documents which result
upon the completion of the work and Services under this Agreement as per the terms of this
Section 5.
6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Contractor agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Contractor which are directly
pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The
City may, at reasonable times, and for a period of up to three (3) years following the date of final
payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited
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Sample Professional Services Agreement Contract No. RFP1170387
and inspected, those books, documents, papers, and records of Contractor which are related to
Contractor's performance under this Agreement. Contractor agrees to maintain all such books,
documents, papers, and records at its principal place of business in Miami -Dade County, or its
local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for
a period of three (3) years after final payment is made under this Agreement and all other pending
matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall
result in the immediate cancellation of this Agreement by the City.
B. The City may, at reasonable times during the term hereof, inspect the Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof. Contractor shall make available to the City all reasonable facilities and assistance
to facilitate the performance of tests or inspections by City representatives. All audits, tests and
inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100,
18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which Sections apply
to this Agreement, as same may be amended or supplemented, from time to time.
7. AWARD OF AGREEMENT:
Contractor represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
8. PUBLIC RECORDS:
A. Contractor understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City Agreements, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
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Sample Professional Services Agreement Contract No. RFP1170387
documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
B. Contractor shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) upon request from the City's custodian
of public records, provide the City with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and following
completion of the Agreement if the Contractor does not transfer the records to the City; (4) upon
completion of the Agreement, transfer, at no cost, to the City all public records in possession of
the Contractor or keep and maintain public records required by the City to perform the service, if
the Contractor transfers all public records to the City upon completion of the Agreement, the
Contractor shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements, if the Contractor keeps and maintains public records
upon completion of the Agreement, the Contractor shall meet all applicable requirements for
retaining public records, all records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City. Notwithstanding the foregoing, Contractor shall be
permitted to retain any public records that make up part of its work product solely as required for
archival purposes, as required by law, or to evidence compliance with the terms of the Agreement.
C. Should Contractor determine to dispute any public access provision required by
Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
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Sample Professional Services Agreement Contract No. RFP1170387
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305)
416-1800, VIA EMAIL AT PUBLICRECORDSC&MIAMIGOV.COM, OR REGULAR MAIL AT
CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FLOOR, MIAMI,
FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN ATTHE
CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
Contractor understands that agreements with local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Contractor agree to comply with and observe all such applicable federal,
state and local laws, rules, regulations, codes, and ordinances, as they may be amended from
time to time.
Contractor further agrees to include in all of Contractor's agreements with subcontractors
for any Services related to this Agreement this provision requiring subcontractors to comply with
and observe all applicable federal, state, and local laws rules, regulations, codes, and ordinances,
as they may be amended from time to time. Local laws in accordance with this Section shall mean
the applicable laws of the City of Miami, and Miami -Dade County.
10. INDEMNIFICATION:
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of
this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save
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Sample Professional Services Agreement Contract No. RFP1170387
and hold harmless for, and defend (at its own cost), the City its officials and/or employees against
any civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent.
In the event that any action or proceeding is brought against the City by reason of any such claim
or demand, the Contractor shall, upon written notice from the City, resist and defend such action
or proceeding by counsel satisfactory to the City. The Contractor expressly understands and
agrees that any insurance protection required by this Contract or otherwise provided by the
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Contractor to defend, at its own
expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding,
or to provide for such defense, at the City's option, any and all claims of liability and all suits and
actions of every name and description which may be brought against the City, whether performed
by the Contractor, or persons employed or utilized by Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will
be interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable
and as amended.
Contractor shall require all sub -contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The
Contractor agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any actions or omissions of the Contractor in which the City
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City,
in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor
under this Contract.
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Sample Professional Services Agreement Contract No. RFP1170387
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by the Contractor.
11. DEFAULT:
If Contractor fails to comply with any term or condition of this Agreement, or fails to perform
in any material way any of its obligations hereunder, and fails to cure such failure after reasonable
notice from the City, then Contractor shall be in default. Contractor understands and agrees that
termination of this Agreement under this section shall not release Contractor from any
obligation(s) accruing prior to the effective date of termination. Should Contractor be unable or
unwilling to commence to perform the Services within the time provided or contemplated herein,
then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred
by the City in preparation and negotiation of this Agreement, as well as all costs and expenses
incurred by the City in the re -procurement of the Services, including consequential and incidental
damages. Upon the occurrence of a default hereunder the City, in addition to all remedies
available to it by law, may immediately, upon written notice to Contractor, terminate this
Agreement whereupon all payments, advances, or other compensation paid by the City to
Contractor while Contractor was in default shall be immediately returned to the City.
If the City fails to comply with any term or condition of this Agreement, or fails to perform
in any material way any of its obligations hereunder, and fails to cure such failure after reasonable
notice from Contractor, the City shall be in default, which shall be treated as a termination
pursuant to Section 13.
12. RESOLUTION OF AGREEMENT DISPUTES:
Contractor understands and agrees that all disputes between Contractor and the City
based upon an alleged violation of the terms of this Agreement by the City shall be submitted to
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Sample Professional Services Agreement Contract No. RFP1170387
the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved
or disapproved, as applicable, by the City Commission, whose decision shall be final. Contractor
shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has
first received City Manager's written decision, approved or disapproved, as applicable, by the City
Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars
and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City
Manager a detailed statement of the dispute, accompanied by all supporting documentation one
hundred twenty (120) days if City Manager's decision is subject to City Commission approval); or
(iii) City has waived compliance with the procedure set forth in this section by a written instrument
clearly waiving compliance , signed by the City Manager. In no event may the amount of
compensation under this Section exceed the total compensation set forth in Section 4 (A) of this
Agreement. The adherence to this Section is the condition precedent to the institution of any civil
action by the Contractor against the City.
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to
Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such
event, the City shall pay to Contractor compensation for Services rendered and approved
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Contractor for any additional compensation and expenses incurred, other than that provided
herein, and in no event shall the City be liable for any consequential or incidental damages. The
Contractor shall have no recourse or remedy against the City for a termination under this
subsection except for payment of fees due prior to the effective date of termination.
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Sample Professional Services Agreement Contract No. RFP1170387
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. In such event, the City shall not be obligated to pay any amounts to Contractor for
Services rendered by Contractor after the date of termination, but the parties shall remain
responsible for any payments that have become due and owing as of the effective date of
termination. In no event shall the City be liable to Contractor for any additional compensation and
expenses incurred, other than that provided herein, and in no event shall the City be liable for any
direct, indirect, special, consequential, or incidental damages.
14. INSURANCE:
A. Contractor shall, always during the term hereof, maintain such insurance
coverage(s) as may be required by the City. The insurance coverage(s) required as of the
Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by
this reference. The City RFP number and title of the RFP must appear on each certificate of
insurance. The Contractor shall add the City of Miami as an additional insured to its commercial
general liability, and auto liability policies, and as a named certificate holder on all policies.
Contractor shall correct any insurance certificates as requested by the City's Risk Management
Administrator. All such insurance, including renewals, shall be subject to the approval of the City
for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City
Risk Management Administrator on Certificates of Insurance indicating such insurance to be in
force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap
and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall
be filed with the City prior to the performance of Services hereunder, provided, however, that
Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with
the City.
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B. If, in the judgment of the City, prevailing conditions warrant the provision by
Contractor of additional liability insurance coverage or coverage which is different in kind, the City
reserves the right to require the provision by Contractor of an amount of coverage different from
the amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect. Should
the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days
following the City's written notice, this Agreement shall be considered terminated on the date that
the required change in policy coverage would otherwise take effect.
C. Contractor understands and agrees that all liabilities regarding the use of any of
Contractor's employees or any of Contractor's subcontractors for Services related to this
Agreement shall be borne solely by Contractor throughout the term of this Agreement and that
this provision shall survive the termination of this Agreement. Contractor further understands and
agrees that insurance for each employee of Contractor and each subcontractor providing Services
related to this Agreement shall be maintained in good standing and approved by the City Risk
Management Director throughout the duration of this Agreement.
D. Contractor shall be responsible for assuring that the insurance certificates required
under this Agreement remain in full force and effect for the duration of this Agreement, including
any extensions hereof. If insurance certificates are scheduled to expire during the term of this
Agreement and any extension hereof, Contractor shall be responsible for submitting new or
renewed insurance certificates to the City's Risk Management Administrator as soon as
coverages are bound with the insurers. In the event that expired certificates are not replaced, with
new or renewed certificates which cover the term of this Agreement and any extension thereof:
(i) the City shall suspend this Agreement until the new or renewed certificate(s) are
received in acceptable form by the City's Risk Management Administrator; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and seek
re -procurement damages from Contractor in conjunction with the violation of the
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terms and conditions of this Agreement.
E. Compliance with the foregoing requirements shall not relieve Contractor of its
liabilities and obligations under this Agreement.
15. NONDISCRIMINATION:
Contractor represents to the City that Contractor does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Contractor's
performance under this Agreement on account of race, color, sex, religion, age, handicap, marital
status, or national origin. Contractor further covenants that no otherwise qualified individual shall,
solely due to his/her race, color, sex, religion, age, handicap, marital status, or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
16. ASSIGNMENT:
The Contractor's services are considered specialized and unique. This Agreement shall
not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in
part, and Contractor shall not assign or otherwise subcontract any part of its operations performing
these services under this Agreement, without the prior written consent of the City Manager, which
may be withheld or conditioned, in the City Manager's sole discretion.
17. NOTICES:
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party
may designate by notice given as herein provided. Notice shall be deemed given on the day on
which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual
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receipt, whichever is earlier.
TO CONTRACTOR:
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TO THE CITY OF MIAMI:
Emilio T. Gonzalez, Ph.D.
City Manager
444 SW 211 Avenue, 1011 Floor
Miami, FL 33130-1910
Victoria M6ndez
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130-1910
Director, Public Works
444 SW 2nd Avenue
Miami, FL 33130-1910
Annie Perez, CPPO
Procurement Director
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130-1910
Sample Professional Services Agreement Contract No. RFP1170387
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida.
Each party shall bear its own attorney's fees. Each party waives any defense, whether
asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient
venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts
and irrevocably waive any objections to said jurisdiction. The parties irrevocably, knowingly and
voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of
this Agreement.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in
either event, the remaining terms and provisions of this Agreement shall remain unmodified and
in full force and effect or limitation of its use.
D. Contractor shall comply with all applicable laws, rules, and regulations in the
performance of this Agreement, including but not limited to licensure, and certifications required
by law for professional service Contractors.
E. No modification or amendment hereto shall be valid unless in writing and executed
by properly authorized representatives of the parties hereto. Except as otherwise set forth in
Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this
Agreement on behalf of the City.
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19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns, if any.
20. INDEPENDENT CONTRACTORS:
Contractor has been procured and is being engaged to provide Services to the City as an
independent contractor, and not as an agent or employee of the City. Accordingly, neither
Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services
under this Agreement shall attain, nor be entitled to, any rights, emoluments, or benefits under
the Civil Service or Pension Ordinances of the City, nor any rights afforded classified or
unclassified employees of the City. Contractor further understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Contractor, its
employees, or any subcontractor hired by Contractor to provide any Services hereunder, and
Contractor agrees to provide or to require subcontractor(s) to provide, as applicable, workers'
compensation insurance for any employee or agent of Contractor rendering Services to the City
under this Agreement. Contractor further understands and agrees that Contractor's or
subcontractors' use or entry upon City properties shall not in any way change its or their status
as an independent contractor.
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in
program directions, applicable laws or regulations, upon thirty (30) days written notice.
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22. FORCE MAJEURE:
A "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or
embargo not within the control of the Contractor. In the event that either party is delayed in the
performance of any act or obligation pursuant to or required by the Agreement because of a
Force Majeure Event as herein defined, the time for required completion of such act or
obligation shall be extended by the number of days equal to the total number of days, if any,
that such Force Majeure Event actually delay such party. The party seeking delay in
performance shall give notice to the other party in writing, within two (2) days of the Force
Majeure Event, specifying the anticipated duration of the delay, and if such delay shall extend
beyond the duration specified in such notice, additional notice shall be repeated no less than
monthly so long as such delay due to a Force Majeure Event continues. Any party seeking
delay in performance due to a Force Majeure Event shall use its best efforts to rectify any
condition causing such delay and shall cooperate with the other party to overcome any delay
that has resulted.
23. CITY NOT LIABLE FOR DELAYS:
Contractor hereby understands and agrees that in no event shall the City be liable for,
or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or
on account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable proceedings
or on account of any delay(s) for any cause over which the City has no control. The sole remedy
which may be granted to the Contractor, in the reasonable discretion of the City Manager,
following a prompt and detailed request to be officially transmitted by the Contractor is an
extension of time. No other recourse or remedy will be available to the Contractor against the
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City.
24. USE OF NAME:
Contractor understands and agrees that the City is not engaged in research for
advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited
scope of normal and customary marketing and promotion of its work, to use the general results
of this project and the name of the City. The Contractor agrees to protect any confidential
information provided by the City and will not release information of a specific nature without prior
written consent of the City Manager or the City Commission.
25. NO CONFLICT OF INTEREST:
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding
conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor,
no employee, and no subcontractor under this Agreement nor any immediate family member of
any of the same is also a member of any board, commission, or agency of the City. Contractor
hereby represents and warrants to the City that throughout the term of this Agreement, Contractor,
its employees, and its subcontractors will abide by this prohibition of the City Code.
26. NO THIRD -PARTY BENEFICIARY:
No persons other than the Contractor and the City (and their successors and assigns)
shall have any rights as an express or implied third -party beneficiary whatsoever under this
Agreement.
27. SURVIVAL:
All obligations (including but not limited to indemnity and obligations to defend, save and
hold harmless) and rights of any party arising during or attributable to the period prior to expiration
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or earlier termination of this Agreement shall survive such expiration or earlier termination.
28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
Contractor hereby certifies, represents and warrants to the City that on the date of
Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Contractor
under this Agreement are and will continue to be accurate, complete, and current. Contractor
understands, agrees, and acknowledges that the City shall adjust the amount of the compensation
and any additions thereto to exclude any significant sums by which the City determines the
contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such contract adjustments shall be made within
one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant
to the provisions hereof.
29. COUNTERPARTS:
This Agreement may be executed in three or more counterparts, each of which shall
constitute an original, but all of which, when taken together, shall constitute the same agreement.
30. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and final agreement of the parties
relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
M
Todd B. Hannon, City Clerk
ATTEST:
Print Name:
Title:
(Corporate Seal)
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Victoria Mendez
City Attorney
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"City"
CITY OF MIAMI, a municipal
corporation
Emilio T. Gonzalez, Ph.D., City Manager
"Contractor"
By:
Print Name:
Title:
(Authorized Corporate Officer)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe
Risk Management Director
Sample Professional Services Agreement Contract No. RFP1170387
CORPORATE RESOLUTION
(This Resolution must authorize the signatory to sign)
WHEREAS, ., a corporation, desires to
enter into an agreement with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perform any acts in connection therewith
as may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of , 202_
ntractor")
A (State) Corporation
By: (sign)
Print Name: ,
TITLE:
(sign)
Print Name:
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EXHIBIT A
RFP No.
1170387
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EXHIBIT B
SCOPE OF WORK
Provide Shared Motorized Scooters services per specifications.
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EXHIBIT C
PRICE PROPOSAL
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Sample Professional Services Agreement Contract No. RFP1170387
EXHIBIT D
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT
SHARED MOTORIZED SCOOTERS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $2,000,000
General Aggregate Limit $5,000,000
Personal and Adv. Injury $2,000,000
B. Endorsements Required
City of Miami, Miami Parking Authority,
and their officers and employees listed as an
additional insured
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto and Scooters
Including Hired, Borrowed or
Non -Owned Autos and Scooters
Any One Accident $2,000,000
B. Endorsements Required
City of Miami, Miami Parking Authority,
and their officers and employees listed as an
additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
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The City retains the right to require additional insurance coverage in connection with the activities
performed by the Operator under this Article as may be determined by the City Risk Management
Director, considering the size of the fleet and other liability insurance related factors.
Any insurance policy required by this Section must be on file with the Risk Management
Department, in a form acceptable to the City Manager, or his or her designee, prior to the issuance
of a License under this Article.
Insurance required under this Section must include a cancelation provision in which the insurance
company is required to notify both the Operator and City Manager, or his or her designee, in writing
not fewer than thirty (30) days before cancelling any insurance policy or before making a reduction
in coverage. An Operator, upon receiving said notice, shall file with the Risk Management
Department, in a form acceptable to the City Manager, or his or her designee, any and all
replacement insurance policies prior to the cancelation or reduction of the same.
An Operator may not be self-insured.
Companies authorized to do business in the State of Florida, with the following qualifications, shall
issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH
CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and
obligation under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall
be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten
(10) calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which
cover the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the
City in the manner prescribed in the Request for Proposals.
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(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special Terms and Conditions of the
Bid.
The Contractor shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in force for the duration of the contractual period; including
any and all option terms that may be granted to the Contractor.
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EXHIBIT E
CORPORATE RESOLUTIONS
AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA
(To be provided upon document execution)
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