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HomeMy WebLinkAboutExhibit 1KENNETH ROBERTSON Chief Procurement Officer November 23, 2011 iritt zit., -Lame JOHNNY MARTINEZ, P.E. Ciry R'ianaeer SENT VIA U.S. MAIL, E-MAIL and FED -EX # nilarta,actioncc.or2 HenrvFiood( Atianticbb.net Maria P. Albo, Executive Director Action Community Center, Inc. 970 S.W. First Street, Suite 304 Miami, Florida 33130 RE: IN RESPONSE TO YOUR WRITTEN PROTEST OF AWARD: CITY OF MIAMI REQUEST FOR PROPOSALS (RFP) 274276 — ON -DEMAND TRANSPORTATION SERVICES Dear Ms. Albo: The City of Miami received the written protest of award (Protest) submitted by Action Conununity Center, Inc. (Action), on August 29, 2011 (Attachment 1), relative to the above -referenced Request for Proposals (RFP) 274276 (Project). Pursuant to my duties under Section 18-104(b) of the City of Miami Procurement Code (Code), Resolution of protested solicitations and awards. Authority to resolve protests. I have completed my due diligence review of your Protest. The results of my review are as follows: Code Section 18-104(a)(2)c., Resolution of protested solicitations and awards. Richt to protest, Protest of award, third paragraph, states: "The 14'ritten protest shall state with particularity the specific facts and lash upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence [emphasis added] and shall be accompanied by the required filing fee as provided in subsection 62. This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protestor's submission [emphasis added] to the chiefprocurement officer at the time offrling the protest shall be permitted in the consideration of -the written protest The codified use of the word "shall" denotes mandatory or imperative requirements. The permissive. "may" is not used in this Code section. Action, as the Protestor, is required by the City of Miami Code of Ordinances to provide "all pertinent documents and evidence" in support of the written protest of award. The burden of proof to provide all pertinent documents and evidence lies solely with Action. Failure to have provided all pertinent documents and evidence at the time of protest filing and in support of the •written protest -of award shall mean a failure of having met mandatory protest of award requirements. .Upon receipt of Action's Protest, the City forwarded the same, to. Transportation America, Inc:,,(TA) so. that they would have an oppoitudity to review and respond to the allegations made therein. TA's response to Action's Protest is attached hereto (Attachment 2). Protest Contention #1: "The City of Miami and the Selection Committee failed to follow the local preference provisions of the City Charter and the City procurement code." .November 23, 2011, Response to Action Protest 7 Response #1: Section 29-A of the- City Charter, Contracts for. unified development projects. and real property: safeguards. attached hereto in its entirety (Attachment 3), does not define or identify any local preference provisions in contracting. This charter section defines the procurement process for unified development and real property projects, of which RFP 274276 is neither. Local preference does not apply to RFP 274276. The City of Miami's codified local preference provisions are defined in Code Section 18-85(a), Competitive sealed bidding. Conditions of use: "...lithe amount of a bid [emphasis added] submitted by a bidder [emphasis added] who maintains a local office is not more than ten percent in excess of the lowest other responsive and responsible bidder [emphasis added], such local bidder may be offered the opportunity of accepting the contract at the low bid [emphasis added] amount." The Definitions Section of the Code, Section 18-73, Definitions. defines terms that are relevant to your full understanding of the procurement process. Specifically: "Bid means a formal written price offered by a business to the city to furnish specific goods, equipinent and/or contractual or public works or improvements in response to an invitation for bids. Invitation for bids (IFB) means the solicitation document and all attachments and addenda used. for competitive sealed bidding for the procurement ofpublic works or improvements, goods, equipment and/or contractual services. The IFB is used when the using agency is capable of specifically defining the scope of work for which a contractual or general service is required or when the using agency is capable of establishing precise specifications defining the actual commodity or group of commodities required. Proposal means an executed formal document submitted by a proposer to the city, stating the goods and/or services offered to satisfy the need as requested in the request for ,proposals, or ,request for letters of interest or request for qualifications.: Request for proposals (RFP) means all documents, whether attached or incorporated by reference, utilized for soliciting competitive sealed proposals for goods and/or services. Evaluation of a proposal is based on prior established criteria wherein the RFP shall state the relative Importance of price and other evaluation factors." Accordingly, a respondent to an Invitation to Bid is a bidder. A respondent to a Request for Proposals, Request for Letters of Interest or a Request for Qualifications is a proposer. As a respondent to RFP 274276, Action is a proposer and not a bidder. Request for Proposals 274276 was issued pursuant to the requirements defined in Code Section 18-86(c), Competitive negotiations/competitive sealed proposals, Competitive sealed proposal method. There were no local preference provisions defined in Code Section 18-86. Competitive negotiations/ competitive sealed proposals. at the time of RFP issuance, and local preference provisions were not expressly included in the RFP evaluation criteria. Therefore; local preference does not apply to RFP 274276. As required by. Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention#1. Accordingly, Protest Contention #1 must be rejected and denied November 23, 2011, Response to Action Protest 3 Protest Contention #2: "The City of Miami and the Selection Committee failed to accurately evaluate the price provisions of the competing proposals to the disadvantage of Action Community Center, Inc." Response #2: Request for Proposals 274276 was issued pursuant to the requirements defined in Code Section 18-86, Competitive negotiations/competitive sealed proposals. Per Section 18-86(a). Conditions for use: "Competitive negotiations/competitive sealed proposals shall be used in those circumstances in which it is both practicable and advantageous for the city to consider a range of competing plans, specifications, standards, terms and conditions so that adequate competition will result and award be made not principally on the basis of price [emphasis added], but to the respondent whose proposal contains the most advantageous combination of price, quality or other features. Per Section 5.1, Evaluation Criteria. of RFP 274276, the Evaluation Committee, duly appointed by the City Manager, reviewed and evaluated the two proposal submittals based upon the following criteria and weight: Technical Criteria Points (a) Experience and Itey Personnel 12 (b) Financial Capability 10 (c) Equipment and Facility 16 (d) Service Plan and Capability 30 (e) Programs and Plans 12 (f) Fees for Services 20 100 The Evaluation Committee was comprised of three members, with each member scoring- the individual proposal submissions out of 100 total possible points: 100 x 3 = 300 total maximum evaluation points. The Evaluation Committee awarded a total of 218 points to Action and 271 points to TA. All three Evaluation Committee members were unanimous in ranking TA as the #1 most qualified Proposer in response to RFP • 274276. This is evident in the rather large 53-point differential between the proposers. The corresponding category for "price provisions", therefore, is "Fees for Services": 20 points x 3 = 60 maximum evaluation points. For proposed "Fees for Services", the Evaluation Committee awarded Action a total of 50 out of 60 maximum points and TA a total of 52 out of 60 maximum points. Per Section 2.3 of the RFP, Term of Contract: "The Contract shall commence upon the date of notice of award and shall be effective for one (1) year with the option to extend for four (4) additional one (1) year periods, subject to the availability offends for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative 14411 be exercised only when such continuation is clearly in the best interest of the City." Accordingly, the proposers presented the following Fees for Services: lk Transportation America Action Community Center._, Initial Contract Year $ 249,856.61 ',.•., $ 252.000'` Renewal Option 1 $ 256,103.02 $ 252,000 Renewal Option 2 $ 262,505.60 $ 266,000 Renewal Option 3 $ 269,068.24 $ 266,000 3 November 23, 2011, Response to Action Protest 4 Renewal Option 4 Total $ 275,794.95 $ 1,313,328.42 $ 266.000 $ 1,302.000 As the initial contract tern is for a duration of one year and the four one-year renewal options are contingent upon the availability of firds, the Evaluation Committee looked first and foremost at the price offered during the one-year contract term. In the first year. Action's proposed amount is greater by $2,143.39, a potential difference of -1 19 trips at the proposed rate of $18.00 per trip. By contrast, TA estimated a cost of $16.16 for ambulatory trips and $22.65 for non -ambulatory trips. TA estimated a baseline of 26% non -ambulatory trips per year. Over the course of the one-year contract term and the first and second one-year renewal options, TA's fee proposal of $768,365.23 is still lower than the $770,000 proposed by Action. It's not until the third and fourth one-year renewal options that TA's fee proposal begins to exceed the amounts proposed by Action. Fees for Services, however, was not the principal factor in selecting the most advantageous proposal. This category represented 20% of the points awarded by the Evaluation Committee. Even if Action had been awarded the maximum 60 out of 60 Fees for Services points by the Evaluation Committee, Action would still have remained the second -ranked proposer. Maximum points in this category would only have increased Action's evaluation score by 10 points to a revised total of 228. This still would have been 43 points lower than TA's evaluation score of 271. Action also alleges that: 1) the City and TA will place an undue burden on non -ambulatory passengers; and 2) TA is going to charge and collect an additional fee to its clients over and above its bid price. These claims are baseless for the following reasons. The last paragraph of Section 3.2.] of the RFP. Scope of Work. Introduction/Background. states: "The City is requesting a response that provides a Fee for Service on the one-way cost per Trip, Ambulatory and Non -Ambulatory. The City will reimburse the selected Proposer for the cost of each eligible Trip [emphasis added]." The RFP line items state that the rates for both ambulatory and non -ambulatory trips are 'flat rates" which "shall include full compensation [emphasis added] for labor, equipment use, travel time and any other cost [emphasis added] to the bidder." The Fee for Service per -trip cost is paid by the City, not the Client/Customer/Rider. Because the service is free for qualifying Clients/Customers/Riders,: varying flat . rates for ambulatory and non -ambulatory trips do not unduly burden non -ambulatory passengers. This language also does not allow TA to charge and collect an additional fee to its clients over and above its bid price. Action makes note that TA miscalculated their total annual costs to the City in their fee proposal. The City has reviewed this claim and finds this to be true. Year 1 Renewal 1 Renewal 2 Renewal 3 Renewal 4 Recalculated TA Total $ 249,856.00 $ 256,107.00 5 262.503.00 $ 269.069.00 $ 275.799.00 Rate Printed in TA Proposal $ 249.856.61 $ 256,103.02 $ 262,505.60 $ 269,068.24 $ 275,794.95 Difference - S0.61 S3.98 -S2.60 S0.76 S4.05 Overall, there is a small discrepancy in TA's fee proposal and the actual amount presented on Page 95 of their proposal. As indicated in the preceding table, the discrepancy is for a total of $5.58 over the course of the'doiitractand four one-year renewals in favor of the City of Miami..This discrepancy.,willhave no 'bearing onthe Evaluation Committee's recommendation. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of -Protest Contention #2. Accordingly, Protest Contention #2 must be rejected and denied. 4 November 23, 2011, Response to Action Protest 5 Protest Contention-43: "The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and Transportation Anierica, Inc." Response 43: Action alleges that the Evaluation Committee inaccurately portrayed and assessed Action's financial strengths. The Evaluation Committee, as required by Code Section 18-86(c)(6), Proposal evaluation. evaluated both proposers on the basis of the financial information provided in their proposals. No other information was used to make a determination of the proposer's financial capabilities. Per Section 5.1, Evaluation Criteria. of RFP 274276, the Evaluation Committee, duly appointed by the City Manager, reviewed and evaluated the two proposal submittals based upon the following criteria and weight: Technical Criteria Points (g) Experience and Key Personnel 12 (h) Financial Capability 10 (i) Equipment and Facility 16 (j) Service Plan and Capability 30 (k) Programs and Plans 12 (1) Fees for Services 20 100 "Financial Capability": 10 points x 3 = 30 maximum evaluation points. For "Financial Capability", the Evaluation Committee awarded Action a total of 17 out of 30 maximum points and Transportation America, Inc. (TA), a total of 26 out of 30 maximum points. This category represented 10% of the points awarded by the Evaluation Committee. It is a fact that Action's proposal contained a copy of their 2010 Form 990 Income Tax Return. This document clearly and unequivocally states that Action formally reported losses to the IRS of S19,934 for the 2010 filing year and S10,374 for the 2009 filing year. This factual information was noted by the Evaluation Committee and was duly and appropriately considered for the scoring .of the directly correlated scoring category of "Financial. • . Capability." Action further alleges that the City of Miami proper is actually responsible for Action's reported losses in 2010 due to a delay in releasing a funding appropriation. Action provides no pertinent documentation or evidence in support of this claim and further does not address the reported losses for 2009. Moreover, even if Action had been awarded the maximum 30 out of 30 Financial Capability points by the Evaluation Committee, Action would still have remained the second -ranked proposer. Maximum points in this category would only have increased Action's evaluation score by 13 points to a revised total of 231. This still would have been 40 points lower than TA's evaluation score of 271. Regarding the financial capability of TA, the Evaluation Committee duly took into consideration that TA owns and manages a 58.38% interest in Advanced Transportation Solutions, LLC. The Evaluation Committee also duly took into consideration the factual information presented in TA's Audited Financial Statement dated December 31, 2009. Accordingly, the Evaluation Convnittee awarded TA a total of 26 out of 30 maximum points. ••The City'sPurchasing Department properly vetted the corporate;-fi,lmgstatus of TA with the State of '..Florida;. Department of State,. Division. of Corporations. TA was=incorporated. under the laws•of•the State of • Florida on June 18, 2001. Their corporate filing status is currently "Active". TA meets the RFP minimum qualification requirements identified in Section 2.6: TA is an established fire for a minimum of three consecutive years. Additionally,. per Section 2.10 of the RFP. Subcontractor(s) or subconsultant(s). the following is stated: Arovember 23, 2011, Response to Action Protest 6 "Sub -contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer musi clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance rmance of required services. " TA has complied with this sub -contractor reporting requirement. In its proposal, TA clearly identifies the following affiliated companies / sub -contractors to be utilized in the performance of required services: Prime Proposer: Transportation America, Inc. Primary Office Location: 2766 NW 62 Street Miami, Florida 33147 Trip Center Location: • 815 NW 57 Ave, Suite 130 Miami, Florida 33126 Affiliated Companies / Sub -contractors: Advanced Transportation Solutions, Inc. (Transportation America's Paratransit Division) MCT Express d/b/a Miami -Dade Ambulance Service (Transportation America's Urgent and Non -Urgent Ambulance Division) Medical Care Transportation (Transportation America's Non -Emergency Transportation Division) Super Nice Limo (Transportation America 's Executive Transportation Division) ....... ................ Super Nice STS (Transportation America's Paratransit Service. Provider Division) Miami -Dade Taxi (Transportation America's Taxi Transportation Division) American Shuttle (Transportation America's Ground Transportation Division) In the construction industry, for example, it is common that a prime General Contractor (GC) manages and coordinates a project on a macro level and self -performs 0% of the actual construction work. All work is delegated to sub -contractors by and through the prime GC. Moreover, per Section 2.10 of the RFP, "[aim) and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successfid Proposer..." TA, as prune proposer, is coordinating the services of seven sub -contractors to perform the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. As required by Code Section 18-104(a)(2)c:, Action has not submitted any substantive evidence in support of Protest Contention 83. Accordingly, Protest Contention #3 must be rejected and denied. ProtestContention #4: -The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, Inc., proposal work to the disadvantage of elderly and especially handicapped riders." 6 November 23, 2011, Response to Action Protest Response #4: Action alleges that the City's "elderly; low-income and wheelchair bound riders will pay more for the 14,000 capped rides that the City is authorizing under RFP 274276; pay a fee on top of the costs of the bid submitted by Transportation America, Inc.; Wheelchair riders are treated unequally relative to non - wheelchair riders." The last paragraph of Section 3.2.] of the RFP, Scope of Work, Introduction/Background. states: "The City is requesting a response that provides a Fee.for Set -vice on the one-way cost per Trip, Ambulatory and Non -Ambulatory. The City will reimburse the selected Proposer for the cost ()leach eligible Trip [emphasis added]." The RFP line items state that the rates for both ambulatory and non -ambulatory trips are 'flat rates" which "shall include fill! compensation [emphasis added] for labor, equipment use, travel time and any other cost [emphasis added] to the bidder. " The Fee for Service per -trip cost is paid by the City, not the Client/Customer/Rider. Because the service is free for qualifying CIients/Customers/Riders, varying flat rates for ambulatory and non -ambulatory trips do not unduly burden non -ambulatory passengers. This language also does not allow TA to charge and collect an additional fee to its clients over and above its bid price. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #4. Accordingly, Protest Contention #4 must be rejected and denied. In addition to the foregoing, and, in response to Protest Contentions 4I-4 involving the RFP Evaluation Committee, please be advised that; per Code Section 18-I04(a)(2)c.: "The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an crward determination." The City maintains that Protest Contentions #1 through #4 are, in effect, attempting to challenge the Evaluation Committee's evaluation criteria and formula for points. The City reserves all of its rights and defenses in this regard and has answered your contentions, but does not think it must do so in light of Code Section 18-104(a)(2)c. Protest Contention #5: "Transportation America, Inc. may not be the real owner of the assets it claims as part of its bid proposal and may have made other misrepresentations or mistakes in its bid." Response #5: Protest Contention #d is subdivided into 12 items. Each will be addressed individually: Item #1:Per the Dunn & Bradstreet Report attached to your Protest, TA's line of business is defined as a "local trucking operator". RFP 274276 is for on -demand transportation services. The American Heritage® Dictionary of the English Language defines transportation as "the business of conveying passengers or goods." As a local trucking operator, TA's business experience is appropriately categorized as a transportation service provider. It matters not- whether passengers or goods are being transported. TA, as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements identified in Section 2.6, is coordinating the services of seven sub -contractors to perform the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. trans •por•ta•tion (trans p--ta sh'-'n) n. 1. a. The act or an instance of transporting. b. The state of being transported. 7 November 23, 2011, Response to Action Protest 8 2. A means of conveyance. 3. The business of conveying passengers or goods. • 4: A charge for public conveyance; fare. The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. AU rights reserved. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #5, Item #1. Item #2:TA owns and manages a 58.38% interest in Advanced Transportation Solutions, LLC. TA, as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements identified in Section 2.6, is coordinating the services of seven sub -contractors to perfornn the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. As required by Code Section l 8-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention 45, Item 42. Item #3:On July 18, 2011, TA formally certified and agreed to abide by all terms and conditions of RFP 274276. How TA manages their assets with respect to TA's contractual obligations outside of RFP 274276 is not within the control of the City. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #3, Item 43. Item 44:Local preference does not apply to RFP 274276 as above noted. TA's primary office and trip center locations have already been identified. No additional points or preference were given for the physical location of either of these addresses being within the corporate limits of the City of Miami. Prinzay Office Location: 2766 NTH' 62 Street Miami, Florida 33147 Trip Center Location: 815 1\TI%' 57 Ave, Suite 130 Miami, Florida 33126 As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #5. Item 44. Item 45:Action makes a strong allegation that TA is in violation of their RFP certification statement and that TA's proposal submittal is not "in all respects fair and without collusion or fraud." Action, however, makes this blanket allegation without providing any pertinent documentation or supporting evidence. Section 1. l 8 of the RFP. Collusion. requires TA to certify that "its response is mode withozrf previous understanding, agreement or connection either with any person,.firnz or corporation submitting a response for the same items/services... " Only two proposers submitted proposals in response to RFP 274276. Is Action alleging that TA is in collusion with Action itself'? This. section would only apply if both TA and •Advanced Transportation Solutions submitted separate proposals for the same RFP.. This did not occur. TA's response to this allegation views this as "dangerously close to inviting a claim for clefmnation_.,,,::;: Action cannot and has not supported this claim. On'July 18, 201`l, TA fdilnallydertified and -agreed to' abide by all terms and conditions of RFP 274276. Collusion is defined by BLACKS LAW DICTIONARY as: •"A secret combination, conspiracy,' or concert of action between two or rorepersons for fr•audulent-or_ deceitful purpose." BLACK'S LAW DICTIONARY (6th Edition), p. 264.On its face, Action's allegations do not even indicate that collusion, as readily defined, exists. 8 November 23, 2011, Response to Action Protest 9 As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention 45, Item #d. Item #6:Action alleges that TA "non' possibly" violate General Condition 1.22 of the RFP. Conflict of Interest. Action, however; makes this allegation without providing any pertinent documentation or supporting evidence. TA's response to this allegation views this as "dangerously close to inviting a claim for defamation." Action cannot and has not supported this claim. On July 18, 2011, TA formally certified and agreed to abide by all terns and conditions of RFP 274276. As required by Code Section l 8-1 04(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #3, Item #6. Item #7:TA owns and manages a 58.38% interest in Advanced Transportation Solutions, LLC. TA, as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements identified in Section 2.6, is coordinating the services of seven sub -contractors to perform the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention 45, item 47. Item #8:RFP Section 2.14, Primary Client (First Priority), does not attempt to preclude the successful Proposer from operating and fulfilling other contractual obligations outside of City of Miami RFP 274276. This RFP section clarifies the process by which schedule conflicts will be resolved during a catastrophic event or other public emergency. That is all. On July 18, 2011, TA formally certified and agreed to abide by all terms and conditions of RFP 274276. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention 45, ltem 48. Item #9:TA owns and manages a 58.38% interest in Advanced Transportation Solutions, LLC. TA, as prime proposer. and a transportation service provider that meets the RFP minimum qualification. ... . requirements identified in Section 2.6, is coordinating the services of seven sub -contractors to perform the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. Section 1.18 of the RFP. Collusion. requires TA to certify that "its response is made without previous understanding, agreement or connection either ii'ith any person, firm or corporation submitting a response for the same items/services..." Only two proposers submitted proposals in response to RFP 274276. is Action alleging that TA is in collusion with Action itself? This section would only apply if both TA and Advanced Transportation Solutions submitted separate proposals for the same RFP. This did not occur. TA's response to this allegation views this as "dangerously close to inviting a claim, for defamation." Action cannot and has not supported this claim. On July 18, 2011, TA formally certified and agreed to abide by all terns and conditions of RFP 274276. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #5, Item 49. Item #10: This is a minor scrivener's error. TA's corporate filing with the State of Florida, Department of State, Division of Corporations, clearly dispels this trivial issue TA was incorporated under '.:the.laws:ofthe State of Florida.on.June 18, 2001: Their corporate::-filing•statusis currently "Actrve'? As required by Code Section 18-104(a)(2)c., Action has not submitted any. substantive evidence in support of Protest Contention #5, Item 410. November 23, 2011, Response to Action Protest 10 Item #11: Only the successful Proposer is required to furnish a fully executed insurance certificate in accordance with the requirements identified in Section 2.8 of the RFP, Insurance Reauirements. On July 18, 2011, TA formally certified and agreed to abide by all terms and conditions of RFP 274276. Upon the conclusion of successful contract negotiations and contract award, the successful Proposer would provide the requisite certificate. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention 45, Item 411. Item #12: TA re -affirmed and acknowledged Addendum 41 to RFP 274276 on October 14, 2011. As required by Code Section 18-104(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention #5, ltem 412. As required by Code Section 18-] 04(a)(2)c., Action has not submitted any substantive evidence in support of Protest Contention 45. Accordingly, Protest Contention #5 must be rejected and denied. Action's Request for Relief: In response to Action's Protest, the City of Miami has: 1: Investigated each claim presented in the Protest. 2: Further evaluated the proposal submitted by TA and has determined that TA, as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements identified in Section 2.6, is coordinating the services of seven sub -contractors to perfonn the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. 3: Determined that TA is a transportation service provider that meets the RFP minimum qualification requirements. 4: Deteumined thatTA's•proposal is•compliant with the tenns, and conditions of the RFP. On July 18, 201.1, TA formally certified and agreed to abide by all teens and conditions of RFP 274276. 5: Determined that there are no grounds or supporting evidence provided by Action in support of their claim that the City of Miami, City Manager, Assistant City Managers, Procurement Personnel or the Evaluation Committee failed to abide by the law, regulatory requirements or somehow otherwise failed to evaluate Action's proposal fairly. The City unilaterally rejects this assertion. 6: Determined that TA formally certified and agreed to abide by all terms and conditions of RFP 274276 on July 18, 2011. 7: Determined that, pursuant to Code Section 18-104(a)(2)c.: "no facts, grounds, documentation or evidence not contained in the protestor's submission [emphasis added] to the chief procurement off cer at the time of filing the protest shall he permitted in the consideration of the written protest." Action is not entitled to 10 days leave in which to submit further evidence in support of its protest of award. * in Conclusion: • With regard to substance, and, in response to the material content of Action's protest, the City has thoroughly researched the specific items cited therein. Based upon the facts and documentation reviewed, the City has determined that Action has not submitted any substantive evidence in support of their Protest claims. Action, as the Protestor, is required by the City of Miami Code of Ordinances to provide "all pertinent documents and evidence" in support of the written protest of award. The burden of proof to 10 November 23, 2011, Response to Action Protest 1] provide all pertinent documents and evidence lies solely with Action. Failure to have provided all pertinent documents- and evidence at the time of protest filing and •in support of the written protest of award shall • mean a failure of having met mandatory protest•of award requirements. • In conclusion, as the Chief Procurement Officer, I am recommending to the Miami City Commission to demo/reject the protest of Action Community Center and uphold the City Manager's Recommendation of Award Memorandum dated August 10, 2011, and signed by the City Manager on August 16, 2011. The City, by and through its Department of Capital improvements, stands by its recommendation to enter into contract negotiations with the top ranked firm, Transportation America, Inc., for On -Demand Transportation Services. The City Manager and City Attorney's signatures below affirm their concurrence with the Chief Procurement Officer's reconunendation. At this time, should Action Community Center re -consider and decide to withdraw your formal protest of award before this item is formally presented to the City Commission, please indicate below accordingly. In accordance with Section 18-104(a)(2)(f), if your protest is denied by the City Commission, the S5,000.00 filing fee shall be forfeited to the City in lieu of payment of costs for the administrative proceedings as prescribed by Section 18-104(a)(2)(e). The City of Miami, by answering Action's protest contentions, does not acknowledge that they meet the requirements of a cognizable protest under the City of Miami Procurement Code. The City reserves all of its defenses, rights and remedies in this regard and, by answering, does not waiver them. Thank you. Respectful ly, i metr"1 T Oh e'son `. Kenneth Robertson /s/ Chief Procurement Officer./ Director of Purchasing Agreed to by the City Manager and City Attorney, and Protest Reconunended for Denial: .loh 1 Martinez, Cit} anager Julie O. Br City Attorney . 11 November 23, 2011, Response to Action Protest 17 Action Community Center is hereby withdrawing its formal protest of award dated August 29, 2011, 'in response to RFP 274276. Upon receipt of Action's affirmative response before this item is presented to the City Commission for approval, the City shall return Action's $5,000.00 protest filing fee. If, however, Action does not wish to withdraw its protest, Action will be notified of the day the City Commission will hear this item and render its decision. The protests are not time -certain items and you must be present on such date to be heard. The City Commission's decision on this matter, once made, will be the final decision of the City of Miami. Yes, Action Community Center is withdrawing its formal protest of award: Maria P. Albo, Executive Director Date No, Action Community Center is not withdrawing its forma] protest of award:. Maria P. Albo, Executive Director Date Encl: Attachments (3) 12 ._-.-��.a�: 970 S.W. FIRST STREET SUITE 304 • MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 August 29, 2011 Mr. Kenneth Robertson Director/Chief Procurement Officer City of Miami Purchasing Department 444 SW 2nd Avenue 6th Floor Miami, FL 33130 Dear Mr. Robertson: RE: RFP # 274276 On -Demand Transportation Services Protest of Award By Hand COMMUNITY CENTER, INC. Action Community Center, Inc_ tenders and files its protest of award pursuant to the protest provisions of the procurement code of the City of Miami, Florida. The legal basis of this protest is founded on Section 18-104 (a) (2) of the City Procurement Code. As required by Section 18-104 (f) of the City of Miami Procurement Code, Action Community center, Inc. tenders a fee of $5,000 for consideration of the filed protest. Action Community center views the fee as arbitrary, unreasonable and constitutionally suspect. Afee of this magnitude places a very high burden on proposers who may be unjustly treated by the manner in which a complaining bidder is treated by the City of Miami purchasing process. Such excessive fees discourage legitimate claims and unduly burden the ability of a protester to make and assert his or her claim. Action Community center, inc. may consider challenging the fee in court proceedings. { Protest Grounds Summary Action Community Center, Inc. protests the award on the following grounds: 1. The City of Miami and the Selection Committee failed to follow the local preference provisions of the City Charter and the City procurement code. 1 Funded through the City of Miami, Miami -Dade County, FDOT & Department of Elder Affairs & Alliance for Aging, Inc. 2. The City of Miami and the Selection Committee failed to accurately evaluate the price provisions of the competing proposals to the disadvantage of Action Community Center, inc. 3. The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and Transportation America, inc. 4. The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, inc. proposal work to the disadvantage of elderly and especially handicapped riders. 5. Transportation America, Inc. may not be the real owner of the assets it claims as part of its bid proposal and may have made other misrepresentations in its bid. The protest grounds set forth above are discussed in subsequent sections below. if Local Preference Provisions Section 29-A of the City Charter of the City of Miami, Florida provides fora local preference provision in contracting. The public policy rationale for local preference contracting is to encourage and support qualified firms located within the City limits of the City of Miami, Florida. The owner of the selected firm is not a legal resident of the City of Miami, Florida. He resides in unincorporated Miami -Dade County.'- Moreover, Transportation America, Inc. is not the low bidder, price and other factors considered under the terms of RFP 274276. See section 1.49 of RFP #274276. 111 The City of Miami and the Selection Committee failed to accurately evaluate the price provisions of the competing proposals to the disadvantage of Action Community Center, Inc. Action Community Center, Inc. has the lowest overall total price. The proposed fixed -price of Community Action Ceriterwas $ 1,288,000 compared to $1,313,328.422 for Transportation America, Inc. The bid of Action Community Center, Inc. is 2% less than that of Transportation America, inc. However, the bottom line price is not and should not be the sole basis of which proposal is deemed to be most advantageous to the City of Miami and especially its intended third -party beneficiaries of the contract. It is evident that the City and the selection committee did not adequately evaluate the pricing and value offered by each respective bid. There are several arguments for the view that the price proposal of Action Community Center is a better value for both the City and its intended third -party beneficiaries. Note the following points: 1. Our pricing structure is the same for elderly as it is for handicapped for wheelchair riders. 2. Although it is more labor-intensive to serve wheelchair customers, Action Community Center does not believe we should place a greater burden on this class of passengers who are generally by definition, less able to absorb additional costs of ridership. 3. By contrast, Transportation America, Inc. is charging considerably more to handle wheelchair customers. 1 See the Corporate information from the State of Florida attached as Appendix 1 to'this. protest 2 It should be noted that the numbers of the bid for Transportation America do not add up correctly within.their.. bid. Apparently, neither the City of Miami nor its evaluation committee thought it necessary to check the Mathematical accu"racy of the numbers regardless of whether their accuracy might have affected the bid evaluation outcome or standing of the bidders. 2 4. Additionally, Transportation America is going to charge and collect an additional fee to its clients over and above its bid price to the City of Miami. These points should make it abundantly clear to even the most casual observer that the base pricing and extras contained in the Transportation America, inc. proposal is disadvantageous to the City as procuring agent and substantially disadvantageous to the City's intended third -party beneficiaries of this contract. IV The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and Transportation America, inc. Action Community Center is a nonprofit corporation dedicated to service rather than profit. During its 40 year existence, Action community center, inc. has always ended its reporting year with retained earnings until late 2010. The financials of a business and a nonprofit corporation are not evaluated in precisely the same way. The only reason that Action Community Center showed negative retained earnings on its 2010 balance sheets is due to actions that the City of Miami took. The City of Miami held up its normal appropriated funding to Action Community center for six (6) months without explanation.3 Yet, Action Community Center continued to honor its existing contract. In fact, some of its staff worked without pay rather than abandoning the contract we held with the City of Miami during part of 2010 and the contract year 2011. The City of Miami's prior actions are the sole cause for the negative balance and yet, Action Community Center, inc. provided the service: The City in its foreknowledge ofthese facts should have advised the selection committee of this circumstance. Action Community center, inc. contends that the City of Miami and its evaluation committee did not correctly evaluate and score Transportation America as superior to Action Community Center, inc. in terms of financial stability. The current assets of Transportation America as of December 31, 2009 were $6,946 in cash plus an investment in ATS in the amount of $373,299; In its statement of operations, investment income is stated at $920,301. Net income is stated as $916,958. Retained earnings of this investing firm at the begging of year 2009 are stated at $5,558,261 with distributions of $6,058,224. Retained earnings as of December 31,2009 are stated as $416,995. After all other distributions and cash flows are considered, the cash at the end of the year was a mere $6,946. This does not sound like a firm regularly operating in the transportation business. Rather, Transportation America, inc. is an investment partnership with one sole purpose: deriving investment from ATS. In fact, Note 3 of the 2009 audit report contains a "Going Concern" statement. It reads as follows: "The Company [Transportation America, inc.] derives all of its investment income from ATS. Any negative effects of the operations of ATS will materially affect this company." It is not uncommon for auditors to insert a "going concern" statement into audit reports —especially in investing situations such as described here. Notice too that the `emphasis is on investing and distributions:As one examines the.audited financials of Transportation America, Inc., . -one does not see. a The City of Miami has yet to offer a satisfactory understanding for this action. Yet, Action Community Center, Inc. still fulfilled its contractual obligation during the period 2011-2011. 3 firm regularly engaged in direct provision of transportation services to the elderly and handicapped. Instead, one sees investors behaving as investors are expected to do: Invest, watch for returns and then take their distributions. One might view the financial stability somewhat differently if ATS—a firm regularly engaged in providing transportation services —were the bidder instead of Transportation America, Inc. which is a partnership of investors. At some point one is constrained to ask: "How much of ATS's assets and earnings are going to be used or invested in RFP 274276?" After distributions are taken, the answer is probably not much. V The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, Inc. proposal work to the disadvantage of elderly and especially handicapped riders. The analysis'and discussion contained in Section III above is incorporated by reference in this section. Even the most cursory comparison of the proposal of Transportation America, inc. to that of Action Community Center, Inc should leave no doubt that under the terms of the Transportation America, inc. proposal, Miami's elderly, low-income and wheelchair bound riders will: 1. Pay more for the 14,000 capped rides that the City is authorizing under RFP 274276. 2. Pay a fee on top of the costs of the bid submitted by Transportation America, inc. 3. Wheelchair riders are treated unequally relative to non -wheelchair riders. VI Transportation America, Inc. may not be the real owner of the assets it claims as part of its bid proposal and may have made other misrepresentations or mistakes in its bid A recent Dunn & Bradstreet report 4on Transportation America indicates that the bidder has little or no assets. This raises serious questions about the accuracy and possibly the integrity of the information tendered by Transportation America, Inc. At the very least, the City of Miami should require the recommended bidder to prove that it's claimed assets are in fact the corporate assets of the bidder and not that of someone else or another company. The most recent audited financial statement provided by Transportation America, Inc. is dated as of December 31, 2009.5 Note 1 accompanying the submitted financial statement reads as follows: "Transportation America, Inc. (the Company) was incorporated under the laws of the State of Florida in June 2001. The company's sole purpose is to own and manage the majority of the members' interest in Advanced Transportation Solutions, LLC (ATS). ATS was organized under the laws of the State of Florida in June, 2001. ATS has a contract with the Miami Dade County Transit Agency. Per this contract, ATS must provide paratransit service required by the A.D.A guidelines." See Appendix 4 and the bidder's own statements on pages 2-3 of its bid. In other words, Transportation America has no assets of its own other than derived investment income. It is merely a firm whose members have invested their assetsin an awarded contract to a company` known as ATS. This finding is further buttressed by the additional statement in note 1 that 4 See Appendix 2 to this bid protest. ' See Appendix 3 to this bid protest. 4 Transportation America, Inc. is a Sub -Chapter S Corporation and does not itself pay corporate income taxes. Instead, "the shareholders of Transportation America, Inc. recognize the income on their personal income tax return." Further, this company owns 58.38% of the outstanding member's interest in ATS.6 The foregoing points noted from the financial statement of Transportation America, inc. have important implications for the legitimacy integrity of the bid submitted in the name of Transportation America, Inc. First, Transportation America, inc. is not itself in the regular business of providing transportation services such as that solicited pursuant to RFP # 274276. Instead, its sole reason for being is to manage investor interest in contract holdings of another company known as Advanced Transportation Solutions (ATS). Second, Action Community Center, inc. questions the wisdom and legality of allowing Transportation America, inc. to use the dedicated assets of another firm as its own when in fact it may not have actual titled ownership of the assets it claims as part of its bid.' Third, the using assets that are legally committed to another contract may be a violation of the terms and conditions associated with the contract between Miami Dade County and ATS. Fourth, Significantly, the two notable organizations located in Suite 130 of 815 NW 57th Avenue are not Transportation America, inc., the bidder of record recommended for award by the City of Miami pursuant to RFP #274276. Instead, Advanced transportation Solutions (ATS) occupies this space. Also occupying space within this same suite is the Miami Dade STS central dispatch operations. Action Community center, Inc. has not yet verified if the STS central dispatch center employees are Miami Dade County personnel or contracted personnel of ATS or some other firm. Action community center has strong reason to believe that the central dispatch employees are not employees of Transportation America, inc. Perhaps they are contracted by Miami Dade County through ATS. Fifth, Action Community Center, Inc. believes that the bid of Transportation America, Inc. is in violation of the required certification requiring that a submitted bid "is in all respects fair and without collusion or fraud" (Page 94 of the Transportation America bid). See also Section 1.18 of the General Conditions of RFP #274276 concerning collusion. Sixth, Action Community Center, Inc. believes that an award to Transportation America, Inc. may possibly violate the conflict of interest provisions of RFP #274276, General Conditions as set forth in Section 1.22 A. This view is founded on the belief that Transportation America, Inc. is using or attempting to use property or resources within its trust by virtue of commitments to another governmental entity to gain an improper benefit to himself (i.e. Transportation America, Inc.). Seventh, ATS is a separate, distinct corporation existing independently of Transportation America, inc. &There is no evidence in the financial statement submitted by Transportation America, Inc. that ATS is a division of Transportation America, inc. The sole purpose of transportation America inc. is to manage the investment relationship of Transportation America, inc. in the ATS contract between Miami Dade County and ATS (See our first assertion above in this section and page 36 of the Transportation America, inc. proposal, especially note 1 of its 2009 financial statement. See also Appendix 3. 6 See again, Appendix 3. Action Community,Center,-Inc. is in the process of investigating the actual ownership of the assets cited in thei❑ of Transportation America, Inc. There is no evidence of Transportation'America, inc being. physically present at 815 NW 57th Avenue, Suite #130 but ATS and the Miami Dade STS central dispatch operations are occupying this .. - space. See note 8 below and its accompanying Appendix 4. 8 See Appendix 4 attached to this protest. • • Eighth, given its claimed status as investment manager for the ATS contract referenced in the first assertion above, Action Community Center believes that Transportation America, Inc. cannot and likely will not comply with the first priority special condition set forth in section 2.14 of RFP # 274276. In reference to the successful bidder, this special condition requires the successful bidder to affirm that "the City of Miami shall be its primary client." Transportation America, inc. manages a much larger contract as 58% investor in ATS. Given this claim as stated in the financial statement end elsewhere in its bid, (see pages 2-19), Action community Center, Inc. asserts that Transportation America, Inc. cannot comply with section 2.14 of RFP # 274276. The exact opposite is and has been true of Action Community center, inc. Over a 33 year period of time, Action Community center, Inc. has held 2-4 contracts. During all of this time, its grant and contract relationship with the City of Miami has always been primary with respect to special condition 2.14. Given the totality of all of the circumstances described in assertion # eight, simple logic argues strongly for the proposition that Transportation America, Inc. cannot comply with this special condition. Ninth, if awarded the contract, Action Community Center, Inc asserts that Transportation America, Inc. is not and will not be the actual provider of the facility, equipment, supplies and services to maintain a trip center for delivery of on demand transportation services as specified in Section 3.2.2 of RFP 274276 because Transportation America, inc. does not actually possess and own the assets necessary to provide the requested service. Instead, it is using the assets of other independent firms such as ATS and its affiliates. Additionally, Transportation America, inc. appears to be using the trip center of AST located at 815 NW 57th Avenue, suite #130 and the central dispatch services contracted by Miami Dade County from ATS. Such use constitutes.a form of collusion that is specifically prohibited by Section.1.18 of RFP 274276. Action Community Center, Inc. asserts that Transportation America is not a qualified bidder within the requirements of R; P # 274276 because Transportation America is not an operating company regularly in the business of providing transportation services as requested by the RFP. it is merely an investment company claiming and using the assets of others as its own. In point of fact, one might cogently argue that Transportation America, inc. is merely an investor broker and brokers are not commonly viewed as legitimate bidders. . Tenth, the signed certification submitted by Transportation America, inc. as tendered to the city says that Transportation America, Inc. was established in 2011.9 We note the certification in this regard because if it is true, Transportation America would have to be disqualified in violation of Section 2.6 (1) of the Special Conditions provisions of RFP # 274276. A bidder is responsible for the certifications that' he or she makes as part of their official bid response. Eleventh, there is no evidence in the bid submitted by Transportation America that they have actually procured the required insurance in its own name as the bidder of record. Twelfth, there is no evidence in their bid response that transportation America, Inc. acknowledged addendum #1 to RFP # 274276. e See Appendix 5 to this protest. If the bidder's firm was in fact created in 2011 as asserted in the certification, then the bidder Transportation America must be disqualified for lack of the required experience. 6 VIl Request for Relief As a result of the claims and facts presented, Action Community Center, •inc. requests that the City of Miami do the following: 1. Investigate each claim presented in this protest. 2. Further evaluate the bid of Transportation America, inc. to insure that the vehicles, employees and other equipment proposed for use in its bid are in fact legitimate assets of Transportation America, Inc. 3, Disqualify Transportation America on the grounds that transportation America is in fact not a transportation company regularly in the business of operating a transportation service as requested by RFI? # 274276. 4. Disqualiry the bid of Transportation America, Inc. if the evidence derived from this protest investigation demonstrates that Transportation America, Inc. engaged in any misrepresentation regarding the bid it submitted or that Transportation America, Inc. failed to comply with any price or non -price factors arising from its submitted bid. 5. Alternatively, should it be determined that the City of Miami and/or any of its procurement personnel, the City Manager, the Assistant City Managers or its evaluation committee failed to abide by any law, regulatory requirement or otherwise treated the bid of Action Community Center unfairly, that RFP # 274276 be cancelled in its entirety and that the bid for on demand transportation services be re -solicited. 6. Evaluate and determine whether Transportation America, inc. is likely to be able to comply with the first priority special condition requirement set forth at section 2.14 of RFP # 274275 given its other stated commitments. 7. Action Community Center, inc. requests ten (10) days leave in which to submit further evidence in support of its bid protest. On behalf of Action Community Center, Inc., I certify that the foregoing protest of award and each element thereof is true to the best of my knowledge and belief. Action Community Center, inc. reserves the right to amend its bid protest in response to action by the. City of Miami, results of any new information that may come to light during bid protest consideration, or new information discovered during ant leave granted by the City of Miami to submit further evidence in support of this protest. Technical questions concerning this protest should be submitted to Henry Flood who is my designated representative for this protest and all matters arising there under. His phone number is 786-991-6171. His email is HenryFlood@Atianticbb.net Cordially, Maria P. Albo Executive Director p . 1 Appendices P•2 Appendix I Transportation America, Inc State Corporate information P 3 www,suabiz.crg - Department of State $ag:1 of 2 Nei Cnntxttie l4FOingScrvka paumentSoercfiac Forma P prevlops nn LI¢ •Nerl.on fist Re[urn To List No Evente . No Name Hiototy Detail by Entity Name Florida Profit Corporation TRANSPORTATION AYIERA, INC. Filing Information Document Number P01000 0 FEIMN Number 551120042 Data Flied 0811612001 State FL Status ACTIVE Principal Address 2766 NW 62 ST MIAMI FL33147 Mailing Address MIS NW 52 ST MIAMI FL83147 Registered Agent Name & Address G RAYMOND 2786 NW 62 ST MIAMI FL 33147 OffireriDire thr Detail Noma m Address TIP% FD G01 SAL EZ, RAYMOND 276NW62Si MIAMIFL33147 Title VP GONZAL2, RLNIE • 2766NW62SIN ET MIAMI FL33147 - Annual Reports RepartYear Fitad Date 2002 02104i2000 2010 03t2a71110 2011 03117f231t Document images 03117r,?0i 1 - ANNUAL REPORT 03/Z37010 — ANNUAL REPORT O21 Z000.—ANNUALRU'OPT! , ?j4j0F,fam,at . ) 4214-4t1.00 - ANNUAL REPORT 011221204Z— ANNUPLRi?RT �L� 171P)<3i e•)�- 013,2043 — ANNUAL REPORT a vekY l��£ 1 ° Ffolm�46,4Z . Entity Name Search 1 r-'r-Yl�'LtL�?fiss)1>u�.r fgrmat��e,� E.. 41. irtip://sunbi ..orglscriptsJcardet,exe?action=n , I I,IL&ingdoc numbrZ POl OQQ06O29O&in._. 8/26/2011 p.4 Appendix 2 Dunn & Bradstreet report for Transportation America, Inc. ATTN:Maria Albo Report Printod:August 26, 2011 Live Report : TRANSPORTATION AMERICA, INC_, D.LI-N-5 Number. 06-580-6677 Trade Names: No trade names for Ibis company_ Address 2766 r& 52nd SI Merrt:,FL - 33147 Phone 3115.sas-stio Fax Cori -pang Summary History &Operations This is a scrgle location Chief Executive RAYMOND GDNZAi_cL CEO Employes - 10 SIC 4212 _ _ Line of business lot truddng or:erstar NAILS 464110 — — - Public Filings P- 5 ,_....: =- --,: s:�.k��.=•_•.�.:,�.:=yam Lacation Type Sing k3 10 "ton Web Predictive in& cators-Supplier Evaluation Risk This Ixrshtwsss supplier evaluation rating of D means ills in open bankruptcy, has discor&inued aperatina at this location or cannot be scored. ?redictive Iodictars - Credit -Capacity D&8 RATING : DS Tie m: ating indi-at-s that the it Su atejon available does not permit D&B b classify the company within our racing key. This ass=ment i; basad on D&Bs D&B Rating. Tne following data includes both•opeen a closed filings found in DZ.B`s database on Ites company. Bankruptcies 0 Judgments 0 Liens 0 _... Suits 0 --- ..... UDCs 0 The public record items contained herein may have been paid, terminated, vacated or released prior to todays date. Predictive Indicators Credit Capacity Summary This credit rating was assigned because of D&3s assessment of the companys creditwartilness. For more information, see tits D&6 Rating Key.. The DS rating indicates that the inforrn6on available does not permit D&B b classify the, company within our rating keY• Currency: Snows In USD unless otherwise indicated' - tts 1 Predictive Indicators - Supplier Evaluation Risk Fisting Supplier Evaluation Risk Rating: 0 Traaie f�alents Number of Employees i0 Total: Currency: Snown in USDunl s oihervase ir�ai I'd P.5 € ea_mited payment history for tnis company D&B has not received a sufr ;lent sample of payrn nt e?prienxs to establish a PAYDEX s are.D&B re Wives nearly 440 m0ixsn payment armeriettoeseach yea;'. We enter tics. new andupdatedexperie,r- into D&B Repods s this nforniatkxi is rec ived.Atthistime,noneof those a iences relate to ails company. Public Filings •_ Currency: Shown in USD. unless c4herwiss indicated E Summary Ache& of D&B`s pubtrvrez rds database tndiicatas that no Rungs were found iv- TRANSPORTATION AM=RICC., INC. at2766 rim, 62nd St , Miami FL . D&B's extensive database of public record Information is updated daily to ensure timely reporting of Changes and additions. It includes business -related suits, Ems, judgments, bankruptdes, U CC fiinandnp statemeTts and business rsgistranonsfrom every state and the District Columbia, as well esselect filing types from Puerto Rico and the U.S, Virgin Islands. • DaB colt"''�...s public recorh through s combination of court reporters, third parties and dire electronic Ilnt:s with federal and local aulhorlties. Its database of U.S, business -related filings is now the largest of its Land. S2ecial EventsT Special Events - /2/0612010 - - SELF REQUEST. This rrd was originally created on December 6201II; at the requt•of Bob Bee Manager; .... Currency: Shown in USD unlac otherwise indicated M History & Operations z Company Overview ..... • Company t•Lame: TRANSPORTATION AMERICA, INC. Street Address: 2766 Nw 62nd St Miami , FL 33147 305306-8110 Phone: sIc & NAICS P. 7 Currency: Shown in USD-unle.ss oihovise indicated F-4 sic Based on bformation in our ti D&B has asslaned this company an extended 8-digit SIC_ D&B's use of 6-dgit S/C:s enables us to be more specific about a company's operations than if we use the standard 4-daft (Cade. Tne 4-dIgil SIC numbers fink to the description on the Oocupational Safety & Health Administration {OSHA) Web sbe Lintz open In a new browser window_ 4212 0000 Loa l trucking, withoul storage. 454110 General Freight Trucking, Local Financials Curran:: y: Shcm.n in USD unless othwis•?. inctad Key Business Ratios & B has been unable to obtain stlffiltfinancial iu tatiorTinri. this company to caloitate busine...= ratios-. our th.e•,-.1: of addi do nal outside scenes also tound no infoli.eilion available on it financial p'..-formance. To hp you in this instance, ratios for other firms in the same industry are provided below to supwrt your anaiysis etas busine. Based on this Humber of Establishment; . . P rot -stability Return on Sales Retum on Net Worth Short -Tram Solvency Current Rato QUici: Ratio efficiency Assets/Sales (%) Sales / Net Working Capital LItIlliati on Total Liabilities Net Worth (if') IndustryI47s • . „ UN 2.2 UN UN 12.'3 UN UN 2.7 UN UN 1.9 UN UN 32.9 UN UN 8.4 UN UN 60.0 UN UN ••,• Unavaiable This information may not be reprodum ced in whole or in Oar!. bylany eans of reprocludlon. 13 • - • . - - - . =',—...r.,,,,,f,-••=.-7•Za-',-7,17,-Z7=rjo•-=7....... .•,....÷_=•,,;•,,,,,,,,,,,,,,,,,,,,,..--..,,,,,-...,...,.-....._-.......-,--....,,,,,,,,,,,,,‘, - w...-,_:-....=„„,,,,,,,,,,,,,,-....,---.....,...„,_-•...==,--,......54,,,,---,-,,n.--,:7,..,,.-----_,-4,.-9,-„,,...-=----,=.1,,z,-,....ip;-,-.T.7.-. --,,,,,,,,,---.--.,..-z:_,.-.7,-:7-- -.,-...=-2.„;.1.,,,, • L-7,-.-T-,,,„.=_.:7:--.•;•;,,_.3.L...-- -2..-,,,,0=-4,,,.. ..,. ,,,i.....,____ ,;___,_......... _g,...., --7.V.--..-.-.--r--•-“,-....--.,...,—,0:1,--.7,,r- ---I,`---=,"?. '7'•3::'-t''''-'a.-'..''t.4E74iL $91FtljtILIC"?Etterr0.1,1P-'-itIr5g-',7. ' ---- .---- '''.- . ,-..--=&•7-711:7•'.Y-4.....=.:::i1=--...L.--,...,,,,.• ...,‘---=','-'-=---e, .-7-',----F'''..-----.--gri .-----.. • TO-A,-7-=:,..''''-'1;57.4,Fe65!?:::.......4"-,:is:A-Li.;;:="i1'5CAilltt-fc. :-...• -.L...., ,,---,..11--,,-7... ..! 4a7=7.': :',.%;17!1''':...‘• ----.;%•5;L:,:-.•• . 3 p.8 Appendix 3 2009 Audited financial Report for Transportation America, Inc. P - 9 TRANSPORTATION AKERICA AUDITED FIN.,diNCIAL STATEWENTS DECEMEER 31, 2009 • ...... • • ....... - • • • ....... p. 10 TRANSPORTATION AAA ,IC .,, INC. AUDITED FINANCIAL. STATEMENTS DECEMBER 31, 2009 TABLE OF CONTENTS PAGE NO. REPORT OF INDEPENDENT CBRTIFIa.'i PTJBLIC ACCOUNTANT ...., 1 FINANCIAL STATi;1M?ENTS Z Balance Shent Statement of 0perationsand Retained Ea-ning 3 Statement of Cash Flow Notes toFFinancial Statement 4 5-6 p . 1 1 Agreda & Co., C.P...L. CERTIFIED PUBLICAC:COI'*TL'NTSc C0�.5L LT.�'.TS 6915 Red Rd. Sutra 20R • Coral Gablz.S, FL 334-13 Tcl.: (305) bbt- -t-I1 • Fay:(305) 661.99�14 r".-mail; augredacpuekaol.com Report of tndependent Certified Public Accountant To the Board of Directors Transportation America, Inc. We. have audited the axorrrpanying balance sheet of Transportation Ameri a, Inc. as of December 31, 2009, and the related statements of operations and retained earnings, and cash flows for the year than ended. These financial statements are the responsibility- of the Company's rnanagement. Our responsibility is to ar.pr s an opinion on these financial statements based on the audit. We con. duc. the audit in . accordan^e... with generally accepted auditing standards. Those standards require that we plan and perform the audit to ohtain reasonable assurance about whether the financial statements are free .of material m.isstaterrnnt: -An audit includes examining; or. a•test- basis, evidence supporting the amounts and disclosures in the financial statements_ .n audit also includes assessing the accounting principles used and sinnificant e irrrates made by management, as well as evaluating the overall financial statement preser.tation_ We believe that the audit provides a reasonable basis for our opinion, 1n our opinion, the financial statements -referred to above preset fairly, in all material respects, - the financial position of Transportation America, Inc- as -of December 31, .2009:and the results of tbeic ap - Mans and their caSh fto's for rhd Yea:' ended" in Yodfofaiity Witii g rierali accepted accounting principles, Miami, Florida August 26, 2010 Transportation America, Inc. Balance Sheet Dateruber 31, 2009 Asscts Current assets Cash Total current assets Other assets Investment in Advanced Transportation Solutions Loans to Shareholders Total other assets Liabilities and Stockholder's Equity 6,946 6,946 373,299 37,75D 411,049 417,995 p.12 Stool holrier's equity Conunon stock-: 1.00 par, va[vc I ,00 i1;hares Authorized, 1,000 issu d and outstanding 1,000 Retained earnin 44 Total stockholder's equity 417,995 . r Read notes to financial statements 2 • Transportation America, Inc. Statement of Operations and Retained Earnings Year Ended December331, 2009 Investment Income Total income Operating Expenses Licenses and permits Taxes Total Operating .Expenses Operating Theorne Other Income (Expense) Inves tment Interest income Meals and.entertainment exu iiae f omInvestmeat activity Contributions from investment activity •-Denreciatiorc expease•frori Invvsti- ein actil`ity Total Other Income (Expense) Net incorne 916,958 Retained Earnings, Beginning alYear 5,55£ 26] Distributions (6,05S,224) 920,301 920,301 150 356 506 919,795 14,652 (95) (2,102) (15292) (2,E37) R et in d Earnings, End of Year Read -notes to financial statements, 3 416,995 p•13 Transportation America, Statement of Cash Flows Year Ended. December 31, '2009 p 1 4 Cash flow. s from operating activities Net inco.me S 916,958 • Adjustments to reconcile net income to net cash Provided by operating activities: Net decrease in investment in ATS ' 122,284 Net cash provided by operatingactivitie 1,039,242 Cash flows from financing nefivi6es: Distribution& (1,039,743) Net.eash (used) by financing activities (1,039,748) Net (decrease) in -..:ash Cash, beginning of year Cash, end of year (506) 7,452 -6,946 ...... • ...... . • . Read notes to financial staternentS 4 Transportation America, Inc. Notes to Financial Statements December 31, 2009 Note J. - Summary nfSignificant Accounting Policies Transportation America, Inc. ("the Company") was incorporated under the laws. of the State of Florida in June 2001. The Company's sole purpose is to own and manage the majority of the members' interest in Advanced Transportation Solutions, LU' ("ATS'. ATS was organized under the laws of the State of Florida in June 2002, ATS has a contract with the Miami Dade County Transit Agency. Per this contract, ATS must provide paratransit service required by the A.D.A, transportation guidelines. Accountinn method The Company prepares its financial statements using the accrual basis of accounting in accordance- with generally accepted accounting principles; .consequently, revenues are recognized when earned and expenses are recognized when the obligation is incurred. Cash The Company maintains its cbe ang a countt in a major financial institution. The balances are insrn i b r the.. Federal •DcTiosit Insurance Cbrporatidri up fa' S500,000 per institution. At iDecernber31,2009 the company had no uninsured cash balances, p.15 income Taxes T ransportafiion America, ine. is an S corporation and does not pay income taxes. The shareholders. of the company recognize the income on their personal income tax return_ Use of estimates The preparation 'of financial -Statements in. corifo_r;Fiity 'v'ith generally acoepte-d accounting prhiciples requires management to make estimates and assumptions that affect the amounts - reported- in the financial: statements and accompanying notes. Actual results could differ from those estimates. Nate 2 —Investment in Advanced Transportation Solutions, LL.0 The Company owns 5.8.38% of the outstanding member's interest in ATS. The investment balance aD es to the m nber's equity interest in ATS. Note 3 — Going Concern The Company derives all of its investment income from ATS, Any negative eff cts of the operations of ATS will materially affect this company, p. 16 Transportation Arrterica, Inc. Notes to Financial Statements December 31, 2009 Note 4 — Subsequent Events The Company is currently bidding on certain transportation contracts in the United States. If any of these contracs are awarded to the'Company; it will have a material effect on the Company's . operations. • p.17 Appendix 4 Advances Transportation Solutions Corporate information and location information www.sunbiz.org - Department of State p.18 Page 1 of 2 Home Contact Us E-FitingServices DocumentSearhe's Forms Help Previous on List Next on List Retum To List ,.Entity.Name Search. . No Events . No Name History Detail by ,Entity Name Florida Limited Liability Company ADVANCED TRANSPORTATION SOLUTIONS, LLC Filing Information Document Numb.a L01000009148 FEUEIN Number 651112087 Date Filed 06/07/2001 State FL Status ACTIVE Principal Address. 615 NW 57TH AVE SUITE 130 MIAMI FL33126 Changed 03/10/2005 Mailing Address 815 NW57TH AVE SUITE 130 MIAMI FL33126 Changed 03!102005 Registered :ent Name .& Address NAIDITCH, ZEV 815 NW 57TH AVE SUITE 130 MIAMI FL331Z6 Name Changed: 03/10/2005 Address Changed: 03/1012005 Manager/Member Detail Name & Address Tide MGR NAIDITCH, DAVID 815NIW57THAVE SUITE 130 MIAMI FL 33126 Annual Reports Report Year Filed Date 2009 03120/2.039 2010 0110512010 http:tlsunbiz.orglscriptslcordet.exe?action=ICE i"FiLS.inq_doc_T.T7mber=La 1000009148&in.._. 8/29/2011 P. 19 www.sunhiz.org - Department of State 2011 01/03/2011 Document Images 01/03/2011— ANNUAL REPORT 01105/2010 — ANNUAL REPORT 03/20/2009 — ANNUAL REPORT 07/16/2008 — ANNUAL REPORT 01/0812007 — ANNUAL REPORT 01/27/2005 — ANNUAL REPORT 01/05/2006 —ANNUAL REPORT 03/10/2005 — ANNUAL REPORT 03/1612004- — ANNUAL REPORT 041112003 -- ANNUAL REPORT 09/2312002 —ANNUAL REPORT r..Wy irri$oe.in'F©x iDt1.,::"=j. (. ._•. t IDsj4P:.frrP1 _1rann,ci'•= e;3eI=.In FiQcirmat. su jmag i fnrm iaa ,Y_ f E SEtBSK_iItt''�t�3�; 06/07/20Cli — Florida Lhniied Liabilites Nate: This is not ofTtc ai reor-d. See documents if question or conflict Previous .on List Next on List No Events No Name history Return- To List Page 2 of 2 1 Horn' CD,r1i:Ci EIS i Document Searttie i LIFifinc; SCrvtCes F Poems i HelP Coavright g arcf PrivaOt POI-, Sit•_ of Florida, Depsrtment of State 'Entity Name Search http://sunbia.arg/scrigts/cordet.exe?action=DE' •1L&inc_doc_ zu Aber=L01000009148&in... 8/29/2011 p.20 2011 LUMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# 1.01000M9148 Entity- Name: ADVANCED TRANSPORTATION SOLUTIONS, LLC Currec t Principal Place of Business: 815 NW 57TH AVE SUiTE 136 MIAMI, FL 33 126 Current raail ing Address: 815 NW 57TH AVE SUiTE 130 MI,4Ml, FL 33126 FILED Jan 63,2011 Secretary of State New Principal Place of i3usines;: New Mailing Address: FO Number: 0&-11 i20S7 FE r.iurnberApp[ied 'Per (j FEi ikrmberNot Appiicable ( ) Gert!fi :att of Stem Diced ( ) Name and Address of:,urrent Registered Agent_ Name and Adcir of NewRegi to ed Agent NAIDI—i CH, ZEV 816 Rt1N 5n H AVE SUITE130 MIAMI, FL 33123 US The above named entity submits this stdt.i,ertfor the. purpose cif changing its registered office of registered ager::, or both, in the State ai F lam. SIGi ATI-- JRE Becconic Signatire of Regist red Agent Date MANAGING EMB=PSJMA AGER : TrE i11GR I' MDiTCF assV1 D Ad&ess: 315141N57THAVE SUrr 120 City -St- : OAK, FL 33125 i hereby certify -that the information indicated on this report is true and accurate and brat my electronic signature shall have _. the same legal elect es if made under oath; that I am a managing member or manager ofthe limited liability mmpariy or the receiver arin:stee empowered to executethis report as required by Chapter 608; Florida Statues.: SiGNATURE _ ar NPIDITCH-- 1vfGR 01103/2. a 9 Managing D1:1 E7t:c'it�ntc S7 naair= ok S'tgnin Mana m f1ha,�n;�r, Manager, or Authorized Repressntat�el Crate p. 21 ADVANCED TRANSPORTATION SOLUTIONS, MIAMI, B15 NORTHWEST 57TH ... Page 1 of 2 Saar& Keyword (c.v. Doctor) City f � ADVANCED TRANSPORTATION SOLUTIONS Contact ADVANCED TRA315POATATION SOLUTIOf6 NCIFCTHw -r Si F71 AFcTI{I= ra- 130 331261L»U FL Phone:(305j 265.3300 Fax:{435J 789-445D CEC:25.779846,-EC-28796S • ....Uke ; Sip Lip to sc whet your friends ilke Edlt, companyprorile----- _ u.lteo runs rrectDa__-... '— d3Y) ep 1 route > ,a StnUar companies • ch:n ty disabled trarzrvrtarion services 1 v anpertation servlcr: I spe:iai tramporretion zrvices Sign up company Corn Nmy Profile by GOo Connect With Laml Transportation Services Ft r Seniors. Pre Elderly Transciortatiar,. Screened_ wwr:Servi agi=.corn Weston Medical Health Ctr Medical Center treating Accident, Yia'tica, Herniated Discs a more_ www_westalmedic thealth.can • Keyword:: ssrvIm, elderly disabled transportation services, trereporcattonserylces, sp^ciat trznsportatka: servkes Ms vy Gornle Urgent Care Center Mobil tv:=xnress Van AffordabMedical Care- Row Open 7 D. Treat Children a_Adult www.rit_n;-aremc.com Reidevfri riorida Wheelchair Vans &est priers a selection since -19851 wwrr.►ic:tiititY'-»'ss.com e the first to write a review about this company! Print I Add ro favorite. O Copyright 2010 TNC Lo^„al notice FAQ, bttp://www.cylcx-usa.coznicompany/advanced-transports.lion-solutions-5 545.942.htsnl 8/2B/2011 p. 22 Miami STS Page 1 of 1 Advanced Transportation Sok tiDrS - ..... Advanced Transportation ,Solutions (AT&) provides des transportation for Special Transportation S en'ices (STS) efligible individuals its Miamni-Dee e County. For more information, please_ see the Miami Dade Countys paratrantsit web page: httrs:ZJ r.miamidade.c©vfE fsitirider sts.aan • To contact Miami Dade Transit, please call 785-409- 5000. Helpful Links: Check or cancel vour trios online Rion Ud for STS S Sery oe Ate`rts Advanced Transportation Sofutt ins "Suite 130 ' E15 MW 57th Ave -Miami ` ' 2 26 To contat us, please call 305-2a4-9a0a. http:/imiamists.comi 8128/2011 Appendix 5 Certification of Transportation America Certifying that they were created in 2011 [Supporting footnote #9 in text] p.24 Transportation America's Proposal inRespane to R `P Number. 274276 Request'for Proposals for On -Demand Transportation Services 9. Fees for Services and Certification Statement Please refer to the proceedings pages for Fees for Services information. _ p . 2 7 Will Subcontractor(s) be used? (Yes or No) No Does the City of Miami Living Wage Drdinanc- apply to this formal solicif4tion? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Yes Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or Iyo) Yes lithe above arswer is nu:please indicate the•nan e of the city (end user) denartm-nt that your contract will serve: Provide brief description of the project or service to be provided Re nest for Proposals for On -Demand Transportation Services IIWe hereby state, complian:ti with the City of Mtign i Living Wage Ordinance, Ser.id n 18-556 through Section 18-559 s.s sunlm din 5rc Lion 1,40 of the GmeralTerms and Gonddons? (Yes or No). Yes Pane 4 of53 t:AN ..SP...;R.1.ATJO MCA. September 2, 201.1 Mr. Kenneth Robertson Director/Chief Procurement Officer City of Miami Purchasing Department 444 SW 2"d Avenue 6th Floor Miami, FL 33130 Re: RFP #.274276 For O Demand Transportation Services Action Community Center, Inc.'s Protest of Award Dear Mr. Robertson: Thank you for your August 19, 2011 email, wherein you advised our office that the City of Miami .received a Foetal Bid Protest of Award for CEP .4 274276 from Action Cormnunity Center, Inc. (Action). In your email, you kindly provided an opportunity for Transportation America, Inc. (Transportation America) to respond to the .allegations contained therein regarding our Company. In that regard, please accept this letter as Transportation. America's response :to those portions of the Protest concerning Transportation America. Of course, at the appropriate time and if necessary, Transportation America will retain legal counsel and .seek to intervene in any founal process wherein .Action chooses to attempt to continue to levy frivolous and unsupported allegations in its thinly veiled attempt to .divert attention from its fatally flawed Proposal and sully the good name of Transportation America. Action's Protest Must Be Rejected For Fatieere To Copy With The Clear Mandate Of Section i8-H 4 (a) (2) (a) Of the City of Miami Code. At the outset, based on the clear language of Section 18-104 (a) (2) (a) .of the City of Miami Code, Action's Protest must be immediately rejected for failure to adhere to the protest filing requirements of the City of Miami. Section 18.404 (a) (2) (a) of the City of Miami Code states as follows: -Any actual proposerwho 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 chef procurertient 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 fa.csirnile 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. (emphasis added) .Sub -Section (c) of same states: 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. (emphasis added) The Chief Procurement Officer for the City of Miami advised proposers of the City Manager's Recommendation on August 19, 2011. (See Recommendation Letter .Sent To Proposers Via Email and Facsimile on Friday, August 19, 2011, at 4.:17pni attached herewith at Tab 1) Therefore, to abide with the protest provision regulations promulgated by the City Commission, a disappointed .proposer .like Action .must have filed its .notice of intent to protest by the end of business on August 23rd, '2011. Other than the August 29, .2011 .Protest Letter forwarded to Transportation America •from the Chief Procurement Officer, we are unaware of .any notice of intent to protest being timely filed by Action with the City. .If this is the case, it is important to note that the timefarnes set forth by public agencies in the letting of public contracts are designed to provide .for an efficient competitive process to ensure that important services for residents such .as on -demand transportation services are not compromised as a result of companies that are unsuccessful in a procurement _process and choose to thwart and delay a _recommendation of.award to get a second bite at the apple. Transportation America respectfully submits that the City :should respect it's established process and the rules and •policies of :this procurement, and summarily .dismiss Action's Protest for failing to .abide by the filing requirements .of Section 18-104 (a) (2) (a) of the .City ,of Miami Code. • if a notice of intent to protest was .timely filed and .not provided to Transportation America, pursuant to Florida Statute, Chapter 119, we kindly ask that the City provide a copy of such a public record, if it exists. Additionally, pursuant to .Florida's Public Records :Law, we respectfully request that the City provide copies of .Action's complete Proposal, as well as any and all communications by and between Action and the City in connection to this •procurement. Of course, pursuant to Section 119.07 (1) (a) of the Florida Statues, Transportation America will gladly pay for the costs of producing .the public records sought herein. Although -Action's -Protest should not be entertained for the aforementioned violation, Trar'spor - ation-American will `nevertheless briefly add ess :the baseless and unsupportable allegations in the order in .which they are set forth in the Protest. . L. Action's chain/ that The City of. Miami and the Selection Committee failed to follow the Local Preference provisions of the Cite Charter and the City Procurement Code is wrong. Action incorrectly claims that the City of Miami .and the Selection Committee failed to .follow the local preference provisions of the City Charter, the City Procurement Code, and the RFP. First, Section 29-A of the City Charter generally describes the City's procurement process, but does not define local preference. (See Section 29-A of the City Charter in its entirety attached herewith at Tab 2) Instead, for purposes of public contracting, a local company is defined in Section 18-73 of the City of Miami Code as .follows: Local office means a business Which conducts all or Qa portion of its operations from a permanent structure that is located within the corporate limits of the .city, .and has operated legally pursuant •to all applicable zoning and licensing laws :for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at .issue. A post office box shall not be sufficient to constitute .a local office within the city. If the business is located in the permanent structure pursuant to. a lease, such lease must be in -writing, for a term of no less than one year, have been in effect for 'no less than six months prior to date bid or proposal was received, and be .available for review and approval by the cb.ef procurement officer or its designee. (emphasis added) Throughout its rambling Protest, Action goes through an exhaustive — and factually and legally erroneous — diatribe trying to separate the undisputable •fact that Transportation America is the majority owner of Advanced Transportation Solutions (ATS. In fact, the undersigned, Mr. Ray Gonzalez, .is the .majority principal of A 1T S . through Transportation America, of Which I am President :and CEO. In this regard, the address provided 'by Transportation America in its Proposal (815 NW 57th Avenue, Suite -130, Miami, FL 33126) is, in fact, "local" as defined above, and operated, in_ part, by me through Transportation America. Finally, as clearly set forth in the RFP, the City Commission is the ultimate .arbiter of local preference.. Section 1.49 of the RFP, tracking the language of Section 18-85 of the City Code, states: ✓ The :City Commission n nay .offer to a responsible .and responsive bidder/proposer, who maintains a Local Office, the opportunity .of accepting a bid at the low bid amount, if the original bid amount submitted by .the IocaI vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. (emphasis added)- This language is, .of course, :permissive, as the City Camrrtission ;may, or may not, wish to employ this projision; Whereas, if the clause would read "must', the local preference provision -would automatically be triggered. Nevertheless, for purposes of applying the local preference provision, Transportation America does, in fact, operate a local business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the City. Accordingly, this claim must be rejected. 2. Actions .claim that The Cite of Miami arid the Selection Committee failed to accurately evaluate the price provisions of the competing proposal to the disadvantage of Action is without merit. -With respect to this frivolous claim, first, Action .ignores the fact that this procurement is an RFP — Request for Proposals — and not and I T P — invitation to Bid. Thus, price is not the only consideration that guides the Selection Committee. In fact, the Evaluation Criteria is set forth in Section 5.1 of .the RFP follows: 5.1. EVALUATION CRITERIA Proposals shall be evaluated based .upon the following criteria and -weight: Technical Criteria Points • (a) Experience and Key Personnel 12 (b) Financial Capability 10 (c) Equipment and Facility 16 (d) Service Plan .and .Capability .30 (e) Programs and Plans 12 (f) Fees for Services 20 100 In evaluating the proposals, the Selection Committee is .required to evaluate, score, and rate proposers based on this criteria, and not only the criteria that Action now belatedly focuses on .to detract from the insufficiencies .of the totality of its Proposal. As set forth in Section 1.74 (a).(2) (iii) of the RFP.and Section 18-104 (a) (2) (c) of the City of Miami Code: The written protest may not challenge the relative weight of the evaluation :criteria or the formula .for assigning points in snaking an award determination. (emphasis added) (See Cited Section of RFP language at Page 20 and 21 attached herewith at Tab 3, as went as cited Section of the City of Miami Code attached herewith at Tab 4) The balance of. Action's attack on this claim must also be summarily discarded as Action is complaining about. the Solicitation's Specifications, which pursuant to Section 1.74• (a) (1) (i) • and. (ii) of the RFP. and. Section 18-104 (a) (2) (a) and (b) of the City. ofMiami.Code, .can :.only -, stand if the proposer filed: 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. (emphasis added) (See Cited Section of RFP language at Page 20 and 21 attached herewith at Tab 3 as well as cited Section of the City of Miami Code attached herewith at Tab 4) Simply stated, Action is prohibited by the clear language of the RFP, as well as the governing protest procedures of the City of Miami Code from challenging the Evaluation Criteria. Putting aside the fact that Action fails to offer any evidence that the City acted improperly in this regard, .these arguments :rust be summarily dismissed because they were not properly preserved, as mandated in the RFP and the City of Miami Code. Indeed, -to -allow Action to plead claims that were not properly proffered in accordance with the rules governing this procurement -process would be arbitrary and capricious, and contrary to the RFP and the City of Miami Code. Therefore, this claim must also be rejected. 3. Actions claim that The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action .and Transportation America is factually and legally unsupportable. Incredibly, an entity that shows reported losses of S19,934 on its 2010 tax returns and reported losses of $10,374 in its 2009 tax returns is subjectively questioning the City of Miami and Selection Committee's assessment of the financial -strength of the proposers. Sadly, Action also blames the City for its own financial mismanagement by suggesting that its financial woes are exclusively attributable to .alleged late payments by the City. We can only guess that Action's other finding sources — Miami -Bade County, FDOT & the Depatbiient of Eider Affairs Alliance for Aging; inc. did not hold-up "its nos/nal •.appropriated funding" since .no .allegation was levied against those public agencies. Nevertheless, Action again fails to offer any evidence 'to .support the claim that its reported losses were improperly portrayed or that the assessment of same was otherwise flawed. Having failed to articulate any supportable argument for this claim .or otherwise proffer any documentation to substantiate the fact that its finances are not as poor as they appear, not surprisingly, Action again takes aim at Transportation America and questions .its finances .and the nature of its business. Keeping in mind the fact that the author of the Protest — while surely a nice and talented; individual in her field —works for a social service agency and is not a CIA or a transportation .expert — Action attempts to analyze Transportation America's financials and hypothesize as to whether Transportation America is a transportation business or an investment business. In this regard, Action makes unsupported -statements like "this does not sound like .a fire regularly operating in the transportation. business" or that its "emphasis is on investing and distributions". It is apparent that Action does not contest — because it cannot_ with.. any authority : .fact that the undersigned is the majority owner of ATS through Transportation America. ATS is the company which; for years, has provided this very specialized transportation service to Ivfiami-Dade County's elderly and disabled community to the tune of over 1,500,000 trips per year. While Transportation America does applaud the fine social services that Action provides to this community, we respectfully remind the City that it is Action that is pretending to be a transportation company. (See Actions Corporate Profte attached herewith at Tah 5) in fact, as noted in the .Evaluation Committee's Memorandum, Action operates a vehicle feet of merely six (6) vehicles. Conversely, the undersigned President and CEO of Transportation America and its related entities, oversees a transportation business that operates over 500 vehicles and provides millions of transportation trips per year. As to .how Transportation America . chooses to administer its assets, we respectfully suggest that Action should first balance its own books that are two (2) years in the red before questioning the financials of a real transportation company. Of course, Transportation America's Certified Public Accountants, Agreda & Co., C.P.A., .are available to provide any additional information and/or documentation regarding the financial strength and capabilities of Transportation America and its principals. For these reasons, this claim must also .be rejected. 4. Action's cEairun that The City of Miami.and the Selection Committee- failed to consider how certain factors in the pricing of Transportation .America's Proposal worked to the disadvantage of elderly .and especially disabled riders is :con pl!etely without merit. As stated in Section .2 above, Action again disregards .the fact that this procurement is an RFP and not an ITB, and as such, price is not the only consideration that guides the Selection. Committee. Further, by failing to have timely objected to the :specifications of the Solicitation related to price and the Evaluation Criteria, Action is barred by the clear language of the RFP and the governing .protest procedures of the City of Miami Code .from belatedly raising this argument. That ,said, as noted in the Evaluation Committee .Recommendation, "Transportation America provided the lowest price for the first year of the contract and remains the lowest -cost option for the first two renewal terms." Finally, and perhaps most importantly, Action ignores the fact that the Recommendation in dispute is for the City to enter into negotiations with Transportation America. Thus, it is pre -mature for Action to assume that the riders will pay more for certain transportation services with Transportation America since the final terms have not been negotiated or agreed to. As such, this clairn must also be rejected. 5. .Action's .claim that Transportation America may not be the real owner of the assets it claims as part of its Proposal and may .have made other misrepresentations in its Proposalis. ludicrous a wrong. Relying only on selected documentation with minimal information that is readily available by conducting simple Google searches of most any incorporated business, but that does not accurately depict the true corporate structure or business operations of Transportation .America, Action takes a shotgun approach of throwing conjecture, .innuendo, and factually and .legally unsupportable -assertions regarding the ownership, of Transportation America and its business and asset management decisions to the wall to 'see anything'sticks. Then, coming:_. dangerously close to inviting a claim for defamation, Action makes a blanket statement that there _"may" be other misrepresentations in Transportation America's Proposal. First, as addressed in Section .3 above, • many of the arguments relating to how Transportation Ammerica chooses to distribute its assets from an entity that hasn't balanced its books since 2008 are not .relevant to the rankings wherein the Evaluation Committee overwhelming ranked Transportation America 53 points ahead of Action. In fact, in virtually all six (6) categories by all three (3) Selection Committee Members (except 1 instance by 1 .Member), Transportation America was ranked higher than Action in experience and key personnel, financial capability, equipment and facility, service plan and capability, programs and plans, fees for services (save the 1 instance noted previously). This is an overwhelming . endorsement by three (3) detached and objective public service professionals — all of which scored Transportation .America higher than Action by an average over 17 points per Evaluation Committee Member. This was not .a .close call by any means. And so, Action's strategy is to attempt to discredit the number one ranked company, :belatedly call to question . the specifications, and to complain about the process, the City, .and the Selection Committee (roost times, in complete violation of the RFP and the City of Miami Code) rather than accept the unanimous will of the Evaluation Committee,. and the concurrence by the City Manager. As to the baseless allegations regarding Transportation America's assets, again, rather than entertain .allegations from a social service entity that is showing .reported losses for the past 2 years, Transportation America's 'Certified Public Accountants, Agreda & Co., C.P.A., are available to provide any additional infoiination and/or documentation regarding the financial strength and capabilities of Transportation America and its principals. As to the unsubstantiated claim that Transportation America is Pri investor and not a transportation business, please note the following: I am President and CEO of Transportation America, a family -owned and operated transportation company which specializes in providing a Myriad of transportation and related services in a variety of public and private sector opportunities. Transportation America has vast experience in all areas of transportation -based services through our affiliated companies: • Advanced Transportation Solutions (Majority Owner) —.Paratransit Services e MCT Express d/b/a Miami -Dade Ambulance Service — Urgent and Non -Urgent Ambulance Services • Medical Care Transportation, Inc. — Non -Emergency Transportation • Super Nice Liao — Executive Transportation Services • Sapper Nice STS — Para -transit Service Provider • Miami -Dade Tay i - Taxi Transportation Services •® American Shuttle — Ground Transportation Services Unlike Action (which is a social service entity that provides very important and laudable services to seniors, and only offers collateral transportation services through its six (6) vehicle fleet), Transportation America is extremely proud and privileged.w.to.=provide .exceptional and extensive transportation services as. its principal business' (rather `hail a side ser;%'ice asp an accommodation for its social service clients) through our:aforementioI ed aff)iates £or:.thousands, of riders throughout major metropolitan areas, including Medical and nonmedical trips. 'Many- __ of Transportation America's existing contracts with public agencies and private companies (like hospitals and medical centers) alike are longstanding relationships that together, span over 37 years. As majority principal of ATS which is located in the City of Miami, Transportation .America's undersigned principal has considerable qualifications and experience in the paratransit industry resulting from ATS' existing Special Transportation Services Contract with Miami - Dade County, which has recorded over 13 million trips since 2001. It is also important to note that although Action incorrectly asserts that Transportation America is merely an .investor in transportation companies, on May 26, '2011, the LYNX Board of Directors — which is the governing body of the Central Florida Regional Transportation Authority which provides oversight for all transportation related issues across Orange, Seminole and Osceola Counties in the State of Florida — approved a five (5) year Contract with Transportation America for paratransit services (Non -Core Weeknight and Sunday Hours), which was recently executed by LYNX and Transportation America, and will .commence October 15, 2011. In this Contract, Transportation America will provide paratransit transportation services to the geographic service areas of the Orange, Osceola, and Seminole tri- County area, including the _municipalities contained therein. This is hardly the type of Contract — which covers a .geographic area that .spans approximately .2,500 square miles, with .a resident population of more than 1.8 million, .and also includes small portions of Lake, Polk .and Volusia Counties — that would .be awarded to a .company that is not engaged in the transportation business. Action goes to great lengths to try to discredit the fact that the principal of Transportation America is also the majority owner of ATS. Simply stated, it is not unusual or otherwise prohibited for a principal of .one company to also be a principle of another or several other companies. In fact, it is a common business practice that many of the City's vendors .and contractors (which are venture partners and/or individuals that have formed a new corporate entity for the purposes .of participating in a particular competitive procurement opportunity) employ. While it is unfortunate that Action doesn't understand such common industry .and business practices, it does not make there improper. Action even takes its illogical allegations to the extreme by .contending that an obvious typographical error at Appendix 5 of its Protest is somehow a devious action by Transportation America and incorrectly suggests that our Company was not really incorporated in 2001, as easily verified in the Florida Secretary of State's W�bpage. Ironically, throughout its Protest (although for expediency of proving the point, we will only respectfully direct your attention to Page 3 of Action's Protest, Footnote Number 3), .Action demonstrates that it too is not immune from the casualties of the proverbial unintended typographical error wherein it proudly states that it "fulfilled its contactual obligations during the period 201-2011". (emphasis added) Clearly, a typographical error of sorts by Action in characterizing an obvious multi -year "period" to only the year "2011", but unlike Action, Transportation America will refrain from asserting .or implying that this error was a blatant misrepresentation or cause for the City to launch an investigation. In short, Action has offered no evidence to support its incorrect claim that Transportation America is not the real owner of the assets it claims as part of. its Proposal,nor tits it; offered any:: evidence that proves any misrepresentations on the part of Transportation America, and as stich, this claim must also be rejected. Conclusion It is always unfortunate when the owner of a company has to write a response like this one to defend the good name and reputation of his family against baseless claims. While I take no satisfaction in spending the better part of a day fending off these types of attacks, I do so because it is through the hard work and dedication of my parents that exiled to this country from a communist regime and initiated our first family transportation business by saving to purchase one (1) taxi medallion almost 40 years ago, that we have grown into a leader in the transportation industry. While we provide all types of transportation services as described above, it is the services that we provide to the seniors and disabled riders of the community we have resided in for over .40 years that I am most proud of, and will vigorously defend against baseless claims associated therewith. Despite the attacks in Action's Proposal, the Selection Committee recognized that Transportation 5America offers aunique combination of paratransit knowledge (which is precisely the type of services sought in the instant procurement process) :and operating capabilities, as evidenced by the across-the-board superlative rankings over that of our competitor. These -transportation capabilities have been honed and refined by over a decade of collective experience acquired by ATS, a company that I am proud to serve as its majority principal. While the Protest focuses on the experience of ATS, please keep in mind that one of Transportation America's subsidiaries' is Super Nice STS, the largest paratransit provider of ATS which I also own and operate, and that enjoys a stellar -record of service in providing personalized and sensitive services to seniors and mobility challenged riders. I am also proud of the fact that .the paratransit service experience on my resume also shows that the Florida Commission for the Transportation Disadvantaged designated ATS as its 2009 Transportation Operator of the Fear. This award is an acknowledgrent of our heartfelt commitment in meeting the .transportation . needs of. seniors and the disabled community with high quaiity paratransit services. • In closing, we respectfully request that for the reasons set forth above, .including the .fact that Action's Protest fails to comply- with the filing requirements of the .protest procedures set forth in the City of Miami Code and the OFP, as well as the fact that in 7 pages of rhetoric and 25 pages of attachments, Action offers no evidence or documentation to support its allegations, that the City dismiss the Protest and proceed to negotiations with Transportation America. As noted earlier, a neutral and objective Evaluation Committee voted resoundingly in .favor of Transportation America, and that objective determination, coupled by the professional City Manager's concurrence, should be respected. When the smoke and mirrors offered by Action dissipates, what we are left with is a disappointed proposer that is upset because it disagrees -with the Recommendation of a public body in a procurement process. Such a .disagreement is not grounds to overturn the Recommendation. As noted by the Florida Supreme Court in Liberty City v. Barter's Asphalt & Concrete, 421 So.2d 505 .(1982): • __A._pnbiic_body haswidediscretion in soGicitng end_ accepting:- bids for public .improvements and its.disfoli, when iSed dh honest exercise of such discretion, will not be overturned by . court even if it may appear- erroneous and even if reasonable persons may disagree. (emphasis added) We thank you for the opportunity to respond to Action's Protest and we welcome the opportunity to meet to further discuss any issue or concern that the City may have. Attachments Sineereiy,5 Ray t1ion ale j\.._., RP #274276 For On -Demand Transportation Services Appendices to Transportation America's Response to . Action CommunityCenter's Protest of Award Recommendation Letter Sent To Proposers Via Email 'and Facsimgie on Friday, .Alligust 19., 2011, at 4:17pm Robert D Beers From: 1 Sent: To: Subject: Attachments: Mr. Beers, 'Velez, Pablo jpvelezmiamigov.com] Friday, August 19, 2011 4:17 PM Bob Transportation America.Beers On -Demand Transportation Services RFP No. 274276 Recommendation Letter Transportation America.L etter.pdf Attached please find the Citv's recommendation letter and supporting documentation concerning RFP No. 2742.7.E for On -Demand Transportation Services. Thank you. Pablo R. Velez, E-sq. C]PPB Procurement :Supervisor Purchasing Department City of Miami 444 S.W. 2nd Avenue, 61 Floor Miami, Florida 33130 Office: (305) 416-1904 Fax: (305) 416-1925 Email: pve'ez a.;miamiEov.com CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain.privileaed.and confidential information. !t is intended only.for the use of the person.(s) named above. if you are not the intended recipient, you are hereby notified that .any review, dissemination, distribution, or duplication of this communication is strictly prohibited. if you are not the intended recipient, please immediately contact.the sender by reply.E-mail and destroy all copies of the original message. 'Thank you. *Please Note: Due to Florida's very broad pubiic.records.iaw, most.written communications to or from City of Miami employees regarding City .business are public records, available to:the public and media upon request. Therefore, this e-mail communication may be•subject to public .disclosure. 1 KENNE H ROBERTSON JOHNNY MARTINEZ, P.Z. Chief Procurement officer City Manager August 19, 2011 Mr. Roberts Beers Transportation America, inc. 2766 NW 62ne Street Miami, FL 33147 .SENT VIA.:EMAILAND . FAX RE: RFP No. 274276 — On -Demand Transportation Services Dear Mr. Beers, On behalf of the City of Miami and the Evaluation Committee, I wish, to thank you for your participation in the process to procure the abovementioned services. Concerning the same and per the •attached supporting documentation, the Evaluation .Committee has .completed its .evacuation process .of•ihe;two (2) responsive .and •responsible Proposers and has ranked the firms.as follows: 1. Transportation America, Inc. (Total Points: 271) 2. Action Community Center, Inc. (Total Points: 218) Conseq:ienti.y, the Evaluation Committee recommended that •the City enter into cone ac negotiations with the top ranked firm, 'Transportation America, Inc. In the event said negotiations fail with the top ranked firm, the Evaluation Committee further recommended that the City then enter into negotiations with the second .highest ranked •firm, Action•Community Center,•.inc. • The City Manager•concurred with the Evaluation Commiiee'.s recommendations. This letter .shall serve as official notice .of the City Manages recommendation for award of this .contract in accordance with :§18-104 of the City Code. Please note that failure to timely comply with riling requirements set forth.in:§1.8-104 shall constitute .a'forfelture.of..protestfiiing rights pursuant'tothe same. Again, on behalf of the Evaluation Committee, I with to extend the City's sincere appreciation for your participation in this process. Should you have any further questions, please contact me via email at krobertdonamiamiaov. com. Thank you for your cooperation. Sincerely, Kenneth Robertson Director/Chief Procurement Officer • Attachments. • KR/pry Cc: RFP File. CITY OF MIAMI, FLORIDA .1N..T ER -OFFICE �titi=6UO f191 t� TO: FROM.: Johnny A. Martinez, P.E. City Manager Lillian Blonde Chaim erson .Evaluation Committee August 10, 2011 DATE: -'LE: SUBJECT: REFERENCES : ENCLOSURES: Recommendation of Evaluation Committee for.RFP 274276 On -Demand Transportation As Chairperson .of the Evaluation Committee ("Committee") for the above services for the City of Miami, it is my responsibility to offer the findings and.recommendations of.the Committee. The City issued RIP 274276 for On -Demand 'Transportation Services, and 'two •(2) Proposals were received. The Committee, appointed by.the•City Manager, was comprised of the following individuals: 1. Lillian Blondet, interim Director, Grants Administration, City ofMiami 2. .Doug Bermudez, Manager, Miami -Dade Transit 3. Irene Ballart, .Senior Family Support Coordinator, Community Committee for Developmental Handicaps The Evaluation/Selection Committee ranked the firms as:follows: 1. Transportation. America, Inc. 2. Action Community Center, Inc.. The Committeereviewed and scored the.proposals submitted bynil fouls listed. above and recommends that the City .enter. into. contraci.negotiations with the top ranked. firm,, Transportation L�rnerica ?nc. .The. Committee . further recommends .that. should . 'contract negotiations fat with the top :ranked firm, Transportation America, Inc, .that .the City negotiates with the .second highest ranked .Er , Action •Community Center, Inc. .in addition, the Committee has recommended that through contact negotiations the proposer'provide their 201E Financial Statement, and a detailed repot' that clearly outlines their Call Center operations, in 'accordance with the RFP requirements. • Upon successful contract negotiations, the recommendation from the City Manager to the City Commission seelcing permission to authorize and execute a Professional Services Agreement will be presented at the next available. meeting. Your signature below represents your approval of the Committee's recommendation. Approved by: it--%701/1 rlf finny A. Martinez, F.E. l• ity ManagerU Date: g - 6,-1 T'f.2:t x'aF., u, 1•.ai_�:i'}�_`rv:V Sur mnary Sheet RIP Nyt ► 274276 ON DEMAND i RANSPOi A1ION SERVICE' .,. «., L.E C.:1fCj 3d. V ,ii . +s y:1 7 .' f..t�.i h ..... l'' y� .t`y.. a. ct.c kw 's�,'(A,r(N '`u'$ t . , '''' ' li j l^ { 3. }iS �it.,l ,.t ictt�� �F f h �E't. � t'� }L Ri LAS' LL lti . p b,1{ tt� E_'F n . 4 .�� ..�7 �'N �• �' � +,ZS-<Yi'F ,a ,,...-:2'.t x.. _. _-.n::Xx......,,.,,,,,p:;,._rr •s 3,._..�@t. Committee _i='s..,,..�Y, C",Fk%r.:.M4i.1.x�.."�.a.-;:C�'_; 23..:.. Evaluation Committee Meeting Tuesday, August 09, 201 1 ... ._.a:.u:,..:..m.«aa;a:.w...:.a.w. ....wm»,r....� .,e.., ..... 0: u PROPOSERS EXPERIENCL AND KEY PERSONNEL FINANCIAL_ C:APA8It_.Il Y EQUIPMENT AND I ACtITI '( . SERVICE PLAN AND t APACiILIFY PROGRAMS AND PLANS FEES FOR SERVICES TOTAL. POINTS ;::1 , ,1. !, 1; , 0 1 o {/n�(f�y, t c.� ACIionComr»unity Center Inc. 11m 7 14 20 10 20 . II2 . 2' cn Transportation America, Inc. 12 10 �� 15 30 1.1 18 .. ..� ' . ' 96" Doug Bermudez ActionComrnunity Center inc. 8 6 10 20 8 15 67 Transportation America, Inc. 10 8 14. 26 1118 87 c 115 ActionCornmunity Center Inc. 7 4 12 22 9 15 69 . 9 nn Transportation America, Inc. 11 8 16 26 11 16 i 88 Grand l alal• • Action 218 2 Transportation 271 1 Action Transportation America @'on -.Profit i For -Profit EXPERIENCE Contact Person Maria P. Alba Robert Beers Yea rs.of Experience 40 10 Markets.Served Miarni-Dade South & Central Florida Number of Previous Contracts 28 13- City of Miami 7— Miami -Dade County 10 Listed Miami -Cade County, Leon Medical Centers, Baptist .Health, etc. COSTS Total Dollar Value of Contract initial Year: $252;000 Extension.1: $252,000 • • 'Extension 2: $266,000 ' ' .Extension.3:.$266,000 Extension 4: $266,000 T€3 TAL:.$1,288,0 00.0E Initial Year: $249,856.61 Extension 1: $256,103.02 Extension 2: $262,505.60 Extension 3: $269,068.24 Extension 4: $27.5;794.9.5 TOTAL: $1,313,328.42 ,. Ambulatory Estimated at 11,200 trips per year Initial Year: $18.00 Extension 1: $18.00 'Extension 2: $19.00 xtension 3:19..00 Extension 4: $19.00 'Estimated at 10,350 trips per year initial Year: S16.16 Extension 1:.$16.56 Extension:2:.$16.98 •Extension 3: $.17.40 Extension 4: $17.84 Non -Ambulatory Estimated.et.2;800 trips per Estimated -at 3,o40 trips per year . initial Year: $22.65 Extension 1: $23.22 Extension 2: $23.80 Extension.3: $24..39 Extension 4:.$25.00 ; EQU.IPMVIEN N Number of Vehicles 6, two ordered for..2012 22 Ford & Dodge Vans with seating -capacity for .apprax imately 8 individuals; 6 ambulatory and 2 wheelchair passengers Average .age of fleet 7 years 7 Years Telephone System . . I .Not discussed.. _ • - • . .- . inter-tei:Axress Phone.: S}stem =• - - • Computer System Microsoft Access RescueNet Dispatch; ..:.::.:.:.. _ The City of Miami received two Proposals from •candidates for the. provision of On -Demand Transportation Services. Both proposers.are locally -based organizations: Transportation America, a for -profit corporation -established in 2001 -0 Action Community Center, •a non-profit organization established in 1971 The selection committee was instructed to evaluate the proposers on the following criteria: Points . A. Experience &: Key Personnel 12 B. Financial Capability 10 C. Equipment & Facility 16 D. Service Plan & Capability 30 E. Programs & Plans 12 F. Fees for Services .20 Total: 100 Ton Ranked Proposer— .!. ransioor tatio ..Americ . i c. — Curnuicative Score: 271800 Streneths: Transportation America isatransportation.company-based in the City of fviami which provides .an assortment of transportation services in_Scuth and Central Florida. T he company was incorporated in:2001-and isthe. current contract holder for Miami -Dade County's Special Transportation Service, which dispatches1.5. million trips each year. • Transportation Amer ica'sthree managers each have over -ten years experience in transportation operations. Transportation America currently provides transportation for governmental and health organizations in the region, including Miami -Dade County,. Baptist.HeafthSysterns, Leon Medical Centersand: P.ubflc Health i rust. The contracts.administeredare.div.erse,.ser ing.beiw-een !0,000.. . and 1.5 million trips year. 81% of Transportation America's fleet is wheelchair accessible, exceeding the 35% requirement in the Request for Proposal (R=P). Transportation Americas reservation and -dispatching is done through -a state oftne at computerized system. The proposer provided 'a comprehensive overview of their programs and plans for addressing the different requirements.ofthe RFP, including defensive.drivingtraining, ADA training, Passenger Assistance Techniques training and .expectations af.dr iver conduct. The proposer also .provided detailed information on safety information and awareness as well as their substance abuse teeing program. Transportation Americaprovided the lowest.price for the firms year of the contract and remains the lowest -cost option for the first two renewal terms. Weaknesses: • Transportation America submitted their 2009 audit as part of their proposal. More up to date TlnanClal 3nfdrmation is desired to ensure the company's financiaf`sitUatioh is sound. More detailed information on the company's .plans for addressing multilingual customers is desired. The selection committee also desires more information about procedures .within the call center and dispatch system, and how it is equipped to handle TDD (telecommunications device for the deaf) based phone calls. Second -Ranked Proposer: Action Community Center. inc. — Cumulative Score: 228f300 Strengths: Action is•a non-profit organization with 4D years of experience providing transportation services to Miami residents. The organization is the City's ongoing .contractor for this service. Several of is employees have worked for the organization.forseveral decades, including the director, .who has served in that capacityfor35 years. in addition, the drivers .have worked at Action for.an average.of 24 .years and have a strong safety record. With five employees, Action is a small organization, ensuring that passengers receive an individualized customer service experience. Action has three active.contracts, the current contract with the City of Miami, and additional contracts with Miami -Dade County and the State of Florida. Action's proposal notes they .are in the process of applying for additional grants. worth $200,000 aver thenext.two years. Action's proposal provides a highly detailed description of theirfieet including:photo.graphs of vehicles and inspection forms. Weaknesses: Action is a small organization and therefore any staff cutbacks havethe potential to adversely impact their operations. The organization does not have a dispatcher.an sttaf . Financial -Capability: Action's finances are .of some concern, the organization reported losses of $19,934 on their 201D tax returns .and of $10,374 in 2009. There is a .concern aboutthe number of vehicles available to provide service. Action has a fleet of six (6) vehicles, .but one is out of service for repairs until .October. Breakdowns of the company's active fleet could adversely impact-.the.service to the City's residents. Two .of Action's six vehicles are wheelchair accessible, which does not -meet the RFP's:requirement that 35% of the fleet be wheelchair accessible. Action training and drug testing plans are not fully detailed in their proposal. Action's proposed trip rate is the .highest for the first year ofthe contract and the first two .initial renewal terms. RFP #774276 For On-DemanE Transportati n Services .Appendices to Transportation America's Response to Action. Commu.ni Center's. Protest of Award Section 29-A of the City Charter .111 its entire Sec. Ir-A. - Cotracts for. unified development JrOIECtS, and real property; eE UEU (a) Unified delveiopment projects. A unified development project shall mean a project where an interest in real property is owned or is to be acquired by the city, is to be used for the .development of improvements, and as to which the city commission determines that for the .development of said improvements it. is most advantageous to the city to procure from :a .private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (1) planning -arid design, construction,.art d leasing; or (2) planning' and..design, leasing, and management; or (3) planning and design, construction,.and management; or. (4) planning and.design, construction, leasing, and management. So long as the person from whom •the city .procures one of the .above -mentioned integrated packages provides .all of the functions listed for that package, such person •need not provide each listed function for -the entire unified development project norforthe.same•part of.the.unified development.project. As many members of the public having expertise in -the field of real estate development or in .other relevant technical areas or who reside within •the vicinity of a proposed unified .development project site as deemed appropriate by the .city manager .shall be invited by the city manager to .provide input during the preparation. of documents for :competitive processes of the unified :development project. If deemed :appropriate by the city manager, the unified development project process shall include a request for qualifications process prior to the issuance of a request for proposals. Qualifications.shall be evaluated by the. city manager or designee(s) and oniy those deemed qualified in accordance with the specified evaluation criteria shall be invited to par icipate in the subsequent request for proposal process for said unified development•project. Requests for proposals for unified development projects shall generally define the nature of the uses the ..t-.. i g h` p project f 1. for each -use -u- ci isseeKih for the unified development and 'estiniated allocations'o aEid �o hey shall .also state the following: (1) the specific parcel of land contemplated to be used or the -geographic area the city desires to develop pursuant to the unified development project; (2) the.specific evaluation criteria -to'be used by the.beiow-mentioned certified public accounting firm; (3) the specific.evaluation criteria to be used.bythe below -mentioned review committee; (4) the extent:of the city`s proposed.commitrnent of funds, property, and services; (S) the definitions of the terms 'substantial increase" and "material alteration" that will apply to the project pursuant to.subsection (e)(4) hereof;. and (6) 2 reservation of the right to reject all proposals and of the right of termination referred .to in subsection (e)(4), .below. After public,notice thereshall be a public hearing..at which the. commission:snall consider: (1) the contents the request for proposals for: the. subpect..unifiied development.prcject; (2) the selection of a .certified public accounting firm, which shall include .at beast one.membe.r with previous experience in the type of development in question; .and (3) the recommendations of the .city manager for the appointment of persons to serve on the review committee. Said .review committee shall consist .of an appropriate number of city officials or employees and an equal number plus one of members .of the public, whose names .shalt .be submitted by the city manager no fewer than five days prior to the above -mentioned public hearing. At the conclusion of the public hearing the city commission shall a uthoriz.ethe,issc1arice o£;a_r,eouest,fo - proposals, select -a "certified public accounting firm, and appoint the Members of the review co, ,mittee only.from among the persons recommended by the city manager. i ne procedure for the. selection` of an integrated package proposals shall=be as fi Ilow.;'''. (1) all proposals shall be analyzed by a certified public accounting firm appointed by the commission based only on the evaluation criteria applicable to said certified public accounting firm contained in the .request for proposais. Said certified public:accounting firm shall render a written report of its findings to the .city manager. (2) the review committee shall evaluate each proposal based only on .the evaluation criteria applicable to said review committee contained in the request for proposals. Said review committee shall render a written report to the city manager of its evaluation of each proposal, including any minority opinions. (3) taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the city manager shall recommend one or more of the proposals for acceptance by the .city commission, or alternatively, the city manager may recommend that all .proposals be rejected. If there are 'three .or more proposals and the city manager recommends only one, or if the city manager recommends rejection of a(i proposals, the city manager shall state in writing the reasons forsuch recommendation. In transmitting his or her recommendation or recommendations to the cornmissio.n, the city manager shall include the written reports, includiing.any minority opinions, rendered to by the aforementioned certified accounting firm and review committee. a(i contracts for unified development :projects shall be :awarded to the person whose proposal is most -advantageous to•the city, as determined by the city commission. The commission may accept any recommendation of the .city manager by an .affirmative vote of a majority of its members. In the event the commission does not accept a proposal recommended by the city rranaaer or does not reject all proposals, the.commission shall seek recommendations directly from the -aforementioned review committee, which shall make a recommendation or recommendations to the commission taking into account the report of the aforementioned certified public accounting -firm and'the •evaluation criteria specified for the review committee in the request for proposals. After receiving the .direct recommendations of the review committee, the .commission shalt, by an • affirmative vote of a majority of its members: (1) accept any.recomrriendation of the review committee; or 12). accept any previous recommendation of the city manager; or (3) reject all proposals. All contracts for unified development projects shall be signed by the city manager or designee after approval thereof by the commission. The city manager or designee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law in• conjunction with the award of contracts for unified development projects. The provisions of this .charter section shall supersede any other charter or code provision to the contrary. (b) Sales and leases of real property; prohibition. Except as otherwise provided ire this section, there shall .be no sale, conveyance, or disposition of any interest, including.any ieasehoid, in real property owned by the city, the department'of oft -street parking, or the downtown development authority, unless there has been prior public notice and a prior .opportunity given to the public to compete for said real property or interest. Any such sale, :conveyance, or disposition :shall .be .conditioned upon compliance with: the provisions of this section; such -procurement methods .as may. be. prescribed by ordinance; and any restrictions that .may be imposed by the city, the department of off-street:parking, -or the downtown development authority, as appropriate. Further, no right, title, .or interest shall vest .in the -transferee of such .property unless the:sale,.conveyance,-or disposition is made..to the highest responsible -bidder, as is determined by the .city commission, .or the off-street parking .board, o.r the downtown development authority board of directors. T he city commission or the off-street parking :board or the downtown development authority board of .directors, :as.appropriate, may.by resolution waive the 'requirement of sale, .conveyanee, or .disposition to the highest •responsible. bidder by means -of the following procedure: the city manager, the director •of the of ,street parking authority, or the director of the downtown development authority, as appropriate, must make .a written finding that a valid emergency exists, which finding .must be ratified by an affirmative -v.otte of two-thirds of the city .commission aft.er a properly advertised public hearing. When the requirement of sale, conveyance, or disposition to the highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. he city or the department of off-street .parking or the downtown development authority. shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain .a reservation of the foregoing right to reject .all offers. This section shall not apply to transfers to •the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. (c) • Safeguards. (1) All persons contracting with the city under this section shall be required to certify their.compilance with the antitrust laws of the United States and of the State of Florida and to hold harmless, :defend, and indemnify the city for any noncompliance by said persons with the.above laws. (2) All persons contracting with the city under this section.shall be obligated to pay Whichever is the greater of the following: (i) all applicable ad valorem taxes -that are lawfully assessed against the property involved or (ii) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned .and used for a profit -making purpose. Such taxes shall not be .credited against any revenues accruing to. the city under any contract that may be awarded under this.section. (3) Any proposal by a potential bidder or contractor that contemplates more than the estimated extent of the city':s .proposed commitment of funds, property, .or services shall be ineligible for acceptance by the city 'commission. (C) Any substantial increase in the city'.s commitment of funds, property, or .services, or any material alteration of any contract awarded .under subsection (c) of this section shall entitle the city commission to terminate the contract after a public hearing. 'Priorto such .public .hearing, the city commission shall seek and obtain a report from the city manager and from the review committee that evaluated the .proposais forthe project, concerning -the advisability of exercising that right. (Char..Amend. No..3, 11-6-79; Ord. No. 9507,§:1, 1G-23-82/I1-2-82; Reis. No. 86-656, 5 2.a, 7-24-86/11- 4-86; . . Res. Nio.:87-678, § 2(a), 7-9-87/11=3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, §.2, 8-9-0: ) Editor's note — Res. No. 01-S43, § .2, adopted August 9, 2001, amended § 29-A in its entirety to read as herein set out. Formerly, § 29-A .pertained to contracts for personal property, public works or improvements, unified development projects, and real .property; safeguards. The .historical notation has been retained for reference purposes. Ord. No. 9489, adopted by the commission on Sept. 17, 1982, set forth Charter Amendment No. 1 for approval/rejection at election on Nov. 2, 1982. On Oct. 28, 1982, Ord. No. 9507. amended the language of subsections (a) and (c) of § .53 as proposed by Ord. No. 9489. The election was to approve the language of Charter Amendment No. 1, as amended by Ord. No. 9507. Subsequently, in light of Charter Amendment No. 2 of Nov. 3, 1987, the city attorney directed the codifier to delete paragraph (li) of subsection (d) as superseded by § 29-B. Case law reference —.For case decided prior to enactment by Chatter;Amendrient No.-3:of.1979 of a competitive -bidding requirement for disposition of city property, see Mahoney v. Givens, 64 So. 2d .926. Said case held that competitive bidding is not required to lease city reat estate / i Material variance between plans bid upon'and plians submitted and adopted renders contract void, ' RF?1-1-274276 For On,Demand_ Transeortation Services Appendices to ranspoltation America's Response to Action C 0.131111.U.REE Center-9-s Protest of Award Section 1.'74 (a) (2) (iil)o.fRFP at Page 20 and 21 • Request for Proposals (REP) 274276 loss, the Contractor shall bcresponsible for replacement value of the property at the current market value, less depreciniion of the property. if any. 1.67. 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. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a -conviction fora public entity crime may not submit a response on a contract to provide any goods ur services to a public entity, may not submit a response on a contract with a public entity for the construction ur repair of a public. building or public work, may notsubmit responses on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with ,any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period.of 36 months front the cline of being, placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, w all rocuments.and information pertaining to City contracts, subject.to the provisions of Chapter 1.19, Florida Statutes. and City of Miami Code, :Section 18., Article III. and agrees to allow access by the City and the public:Li ail documents subject to disclosure under applicable law. Contractor's failure or refusal to coenpiy.with the provision of this section shall result .in the immediate cancellation of this Contract by tip' City. 1.70. QUAL:TY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials .used in the manufacturing or construction of sunpfies. materials. or equipment covered by this solicitations :al: be news•. The items bid/proposed must be -of the latest make or model, of the best quality, and of the highest grace of -workmanship. unless as otherwise specified in this Solicitation. 1.71.. QUALITY OF WORK/SE RMICES - 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. .1.72. 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 orlaw, then the solicitation or proposed award shall be canceller' by ;he C::v Commission, the City Manager or the Chief Procurement Officer, as may be applicable, c:r revise'd to c•on!trit' with the law. 1.73. R:SO:..UT1ON OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract .disputes. The.City:Manager, after obtaining the approval of the city attorney. sh0 ; have the authority to resolve controversies between the Contractual Party and the city which arise u•tc!rr. t;r by virtue 01, ;0 Contract between there: provided that. in cases involving an amount greater than .' i. ;0f;.tug 66 y Commission must approve the C'ity.Manager's decision. Such authority extends, without I'.in;'.atun. 1.0.con:n,rcrs;.(s I)nscd upon breach of Contract, mistake. rnisreprescrnation or lack of complete pert orinanx•e, and shall be invoked by a Contractual Party by -submission of.a protest. to the City Matrift. t (b) -Contract d;sow^ decisions. Ira cfisnrne its not resolved by mutual consent, the City.Manager shall prompt iv render a written report stating;he reasons for the action taken by the City Commission or the City Manager w1 oh sh,tu be final and conclusive. A copy of .the decision shall be .immediately provided to the protesting party. along v; ith a notice of such party's right to seek judicial relief. provided that Inc: -protesting party s`lall nut be entiurr. to sue: judicial relief without first having followed the procedure set forth in this sect ion.. 1.74. RFSC:.r_T1DN OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) 66n1e to uro,est. —lie following procedures shall be used for resolut ion 'of protested solicitations and awards except fur noarciitises of utoc!s. supplies. equipment. and services. the estimated cos: of which does not exceed 5 r5.00(1. 'Protcstsnlierc'ornshailte govern( 'd by the Administrative Policies dnd:Procedures.ofPurchasing.- 1.Prot`.'si 0f (folic;:ati0tt. i. Any r•uslxrcnve' ;a:uposer who.perceives itself aggrieved in connection with ihe.solicitation.of a Contract.: Page .20 of 53 Request for Proposals (RFP) 274276 may protest the •. !re! rocc_rentenI O!f;rer. A vrril(en notice of intent to file a protest shall be filed with the Ch el Pr::rtnrn ••n ;i •''icer \Aitlh:rt three clays after the Request for Proposals. Request for Qualifications or fZecl::('a '. .,c ::: rs o! ,.111(•res: is p:::)Fs!:ed ;n a ;newspaper of gcncrai circulation. A notice of intent to . file a protes. s co(i .:(L rr.! f::ec tahen received by the Chi cf.Procurenuntt Officer: or ii. Any :rros:tec•tive protest :o Chief Proct:r:•inen: circulation. not. it - Off ice:. 91C;I1'r w110 n!encl5 I() 1110ICS1 like Solicitation Specif icalions or a solicitation may Procurement OPricer. P., written notice of intent to file a protest shall be filed with the ;.)f:'icer •.y il,'i n three (lays after the solicitation is published in a newspaper of general itetc to fiie.a prows! :s considered filed when received by the Chief Procurement 2. Pro_es: c:' /t.wa:•cl. i. A written :o ice of intent to f :e.;i protest shall 'or filed with the Chief Procurement Officer within two days after receipt by tile. ❑roposor of the• notice of the City Manager's recommendation for award of Contract. which will the hosted; on the City of 'vfiami.Purchasing.Departrnent website, in the Supplier Cornet. Curren SO i. icu:0TS and \ohic(' of Reconunendation of Award.Section. The notice of the City Nana,t; 's :. orr;!: •ne:a:.oc can be found 7v selecting the details of the solicitation and is listed as Reco of ii.ndaCou r._ wtircf Pos:inl!. Dale and Reconnnendation.or Award To fields. 11 various is indicat-•d i t tEie ;de(clnr.h:rndati(hn elf. A\yarci Ti Field. the Bidder/Proposer must contact the buyer for that solicitation .: obtain the suppliers name. It 5ha1: he the responsibility of the Bidder/Proposer u) check this sectior ,h. t!: alter response,. are submitted le receive the notice: or ii. Any acii:;:: 1<cst:ons1ve and Responsible Bidder whose Bid is.lowerahan that of the recommended bidder may motes: ;u the ..l.i, f "roc;:cement U:'Beer. A written notice of intent to file a protest shall be filed with the C. t-t (ire:r.: a: ;;'i'i: (r :pia 'oo c;:ys alter receipt i)y the bidder of the notice of the city s determinatic::• :)l::c; ::•,,.ti:;onsivette.ssor nosh responsibility. The receipt by bidder of such notice shall be confi.rr^ei: ;r, t::r c - by facsimile or electronic nr<t, or iris. mail. -return receipt requested. A notice of intent tell(• :;...: •ti• s c:oe.scic•red Piled when received by the Chief Procurement .Officer. • .iti. A vrri:tol: protest nosed 01! any o`:the foregoing must besubmincd to the Chief Procurement Officer within five 'l; day; •; alter the date the notice of protest was filed. A written protest is considered flied when receives; -n .:.rc C:b .. Procurement Office:. The written 'moles: nh;ly n(' crtallen e tine relaIlVe weitht.of the evaluation criteria or the formula for assigni:ty.:hc.:r.s-i.. making a n:anvard determination_ The w:itielt ::rota silty: sit.:, v, it particularity the specific facts and law upon which the protest of`the se)lic:�aion ;;: ;h;•.icy:art a bthsc'r,. am;.spal` include all pertincnLdocumcnts•ancl evidence:ancl shall be acconmatile;. by ::i::.e(. rc.:! t y, :ree.as p(:ovided in subsection (1). This shah form the basis for review •( , 01 the •nr`.t;r•• •-:•o(e�;t a:.e. net Ir.:s. g;:e.:lcs. documentation or evidence not Contained in tnc i)rou•sier's subrr:issinn .. 'he °rouort ncn! :)(finer a: the time of filing the protest shall be permitted in the w.riy.an trotest. No :lute v, ;I 11 ;;ideal Icr.tl:e above limits fur serv.ic:e by mall. In computing any period of tiine.presc:ribed or alto•.\-(:,c i)'::his sect:o :. the clay of t..11e act. event or def;wlt front which the designated period of tirne begins to r...:: :tit-A:id...di Tile last flay o.r the period so computed shall.be included unless .it is a •Saturd:n-. Su•-:r'av :a:; fici: COV L: whist : event tile period shall.rtul.uniil the (end of aim next day which is neither itueritiediate Saturdays. Sundays ant:Hera: 'holidays shall be exclod. ti :11 o : nn .... ,..!1g (b) !1u :ie:: `: I:: n . 1:r:' :re:es(, :e C ..i f ' rocur,•.nx•nt Officer shall have the authority. sul)jcct to me approy::! .,': '...e Vi;r'ao , ;rid the city attorney. townie arid resolve any written protest. Tits Chief Proi.u. ,menstta the requisite t ( lruvals anel communicate saint decision :o :he protesting part' :u:ci sf;::. ;t:::.i:' >•,: ti c. sun :ae C-ity Commission within 3d days after be/she rice v:rs the protest. "•5115 : "hl1'.1'fi ::::;:?• alai )� .). !1::1. :i('_CiSIU!i of the Chief Procurement •011l(:or s!lal. be i subi,l !:ec: li: a )ittcr•.,: a (! savrovul hereofthe City Commission after a favorable recommendation by the nil, allot ., • and Mr i ; "v e,age:. •(c) Cotr ;: i,:..•. r vri ih f'•`•!o requirements. Failure of a party to timely file either the notice of intent to file a protest .or tit viirit .tt prcr s:. ;oticncer w (h the required Filing Fee as.provided tn.subscction in. with the - • Chic( P0uc::n•l::e•1' , f (: r n thy time pti v.cled.in su')section.(a)., above. shall constitute• a forfeiture of • sue 1 t,.:ii !o Illy ; u:c;'es• !n;rscan! +o 11,5 senator:. The protesting ng party shall not be entitled ! •lr d to seek Judic.a. i :..::::,I lint t, io.:i r.ee. the ,)r(;cee fire sei'fo ! I .Page 21 of 53 RFP #274276-For On -Demand Transportation Services Appendices to Transportation America's Response to Action Community Center's Protest of Award Section 18404 (a) (2) (c:' of the City of Miami Code .. • • > 04. Resolution of l7I'(il >`i".1 $t):1:•iiflLJ.s and awards. (a) • 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 S25,000.00. 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 :hies procurement officer. A written notice of intent to file -a protest shall be filed with the chief procurement officer within three days after he 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 bidspecifications cations or a bid solicitation may protest to the chief procurement officer. A written. notice .ofintent to file .a protest shall be filed with the chief procurement _.oficer. within .three. days after the. bid .solicitation. is .published fn 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 fled 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 facsimile or electronic mail or U.S. mail, return receipt requested.. A. notice of intent to rile :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 facsimiie 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 roust be submitted to the chief procurement officer within rive 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 deterrination. 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 perinittec 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 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. (b) _Authority to resolve protests. The chief procurement officer shall have the authority, subject to the approval of the city manager and the city attorney, to settle and resolve any written protest. The chief procurement officer shall .obtain the requisite approvals and communicate said decision to .the protesting party and shall submit said decision to the city cornmission within 30 days after he/she receives the protest. in cases involving more than S25,000.00, the decision of the chief procurertient officer shall be submitted for approval or .disapproval thereon to the city cote_iriissi i after a favorable recommendation by the city attorneyhhnd the' city marhdger. (c) 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 fihing 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. (d) 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 avoidan immediate and •serious danger .to the public .health, safety or welfare. (v) Costs. All costs .accruing from a protest shall be.assuried by the protestor. () n Filing fee. The written protest must be accompaniedby a ding fee in the form of .a money order or cashier's check payable to the city in are 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 adnistrative or court proceeding..lf'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 Tess 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. 1.227.1, § 2, 8-22-02) rC ti. 1 8-i 0f.). 1 'soiu l.i}. i of contract disputes. (a) Authority to resolve contract disputes. The city manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the contractual party and the city which arise under, or by virtue of, a contract between them; provided that, in cases involving an amount greater. than $25,000.00, the city commission must ;approve the ;city manager's.;, decision; Such authority extends, without limitation, to controversies rased upor breach of contract, mistake, misrepresentation or lack of complete 11 ice, and shall' be invoked by _..a contractual party by submission of a protest to the city manager. (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 .parry`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 ire this section. (Ord. No. 1227.1, § 2, 8-22-02) Sec. i -.i 06. - Romedi s JJ:rior .o award. • If prior to .con -act award it is determined that a solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be canceled by the city commission, the city manager or the chief procurement officer, .as may be applicable, .or revised •to comply with the .laud. (Ord. No. 12271, §.2, 8-22-02) RFP #274276ForODerniiid Trans,tortation Services Appendices to Transp rtation America's. Response to Action Cornmunl, -Center's Protest of Award ' Actions Corporate Profile Action Community Center Inc Action Community Center inc Ste 304, 970 Southwest 1st Street, Miami, FL 33 i 30-1 170 (305) 545-5298 Direriions Searcr, ?nearby more: r ii(?icr;.: i pivtc Category: Social Services Organization Transit: SW 1 S a2S .r 10 Ay (128 ft Wi Your rating: Photos Se the frsi to upioat rroaro Reviews Reieted.places Youth :'rir;' e *atoll of Arne. t 9.0 mi SW 9200 S Dadeland Bivd Y 417, Miami, FL Social Services Organization Key.BiSC2Yn2 Comm Foundation 6.0 mi SE Ste 238,.240 Crandon Boulevard, Key Biscayne, FL Social Services'Oraanization Alliance . 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Family <.io- e, ;5 :^v,t._- Old A_ ` ABSLStaTiCe — Acton Commur pr.i.ny t- r ri w Report s Web Results Actin Com vm f Center inc 970 •SW i st. Street #-304 Miami, FL 331.30- i 70 map Miami, FL Metro Area Own.this•business? Company .Edit Company infoAdd t;,i Ads by Google Dental Implant: .51.6 J9.includes Crown. Dr, •Nadet has 30 yrs. experience, Cali:.305-27t-4i851 www.soutbmfamicosmetbde ttisLoom •Website: Infomiation not found Phone:. .•`305).545-9298 -ori Ser About -Action Community Center inc .Hon .Is this your company? Cia m This 'r _^.tit= and Action Community Center Inc in Miami, FL is a•private company categorized under Old Age Assistance. Our records show'it was estabiished in 1971 and incorporated in 'Florida. Register far -free to see additional information such as annual. revenue.and employment figures. Companies Like Action Community Center Inc usualiy offer: Community Health Charities, Child Charities, Celebrity Charity, Catholic Charity and Creative Fundraising. 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ATTACH T 3 l 1L1' Ul IVIR1.1111 - ri�G11U�t V111UG affirmative judgment which is final. When the affirmative judgment of the commission is entered, the suspension of the chief of police eo e stenie becomes a removal, but, if the judgment of the commission is in the negative. the suspension ceases, and he is eo instante reinstated. Bryan v. Landis, 106 Fla. 19, 142 So. 650. 653. The city manager may not summarily remove from office the chief of police without notice or opportunity to be heard in his defense. Bryan v. Landis, 106 Fla. 19, 142 So. 650. 651. Pursuant to quarter section 19 the department of public safety and the divisions thereof, police and fire, were discontinued. Subsequent ordinances established a department of police and department of fire with each department having a director. Section 16 of this charter authorizes the city manager to remove all department directors in accordance with the provisions set forth in this charter. Sec. 27. Finance, department of finance. (a) Department director. Subject to the supervision and control of the city manager, the director of finance shall have charge of the department of finance and shall administer the financial affairs of the city. including the keeping and supervision of all accounts, the levy; assessment and collection of revenues, the making and collection of special assessments, the custody and disbursement of city funds and monies, the control over expenditures: and such other duties as the city manager may direct (b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department of finance showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial reports rendered to or by the department of finance shall be orescribed by the director of finance with the approval of the city manager. The accounts and accounting procedure of the city shall be consistent with the pronouncements of the Governmental Accounting Standards Board and accounting principles as generally accepted in the United States. (Res. No. 01-843. § 2, 8-9-01) Secs. 27-A--28. [Reserved.] Editor's note: Res. No. 01-843, § 2, adopted August 9, 2001, repealed §§ 27-A--28 in their entirety;. Formerly, §§ 27-A-28 pertained to imitation as to levy of ad valorem taxes for public library and library systems; levy of faxes; tax assessor; board of equalization; assessor to have power of county assessor. general assessment roll; signing and endorsing general assessment roll, return and presumption of validity; copy of assessment roll annexed to warrant commanding collection: state iav✓ as to taxes applies: discounts if taxes paid before certain time: when taxes become deiinquent, interest rates on delinquent taxes; tax certificates, interest rate thereon; and chief procurement officer, respectively. Sec. 29-A. Contracts for, unified development projects, and real property; safeguards. (a) Unified development projects. A unified deveiopment project shall mean a project where an interest in real property is owned or is to be acquired by the city, is to be used for the development of improvements, and as to which the city commission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: • (1) pianning and design, construction, and leasing; or (2) pianning and design, leasing, and management; or (3) pianning and design, construction„ and management; or (4) planning and design, construction,; leasing, and management. So long as the person from whom the city procures one of the above mentioned integrated packages, provides at of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. .As many members ofthe ;public'having.expertise.in.the.neid of real estate development or e rother relevant technical areas or who reside within the vicinity of a proposed unified development protect site as deemed appropriate by the city manager shall be invited by the city manager to provide input during the preparation of documents for competitive processes of the unified development project. If deemed appropriate by the city manager, the unified development project process shall include a request for qualifications process prior to the issuance of a request for proposals. Qualifications shalt be evaluated by the city manager or designee(s) and only those deemed qualified in accordance with the specified evacuation criteria shall be invited to participate in the subsequent request for proposal process for said unified development project. Requests for proposals for unified deveiopme-nt projects shall generally define the nature of the uses the city is seeking for the unified develcpment project and the estimated alto etions of land for each use. They shall also state the following: (1) the specific parcel of land contemplated to be used or the geographic area the city desires to develop pursuant to the unified development project; (2) the specific evaluation criteria to be used by the below -mentioned certified public accounting firm; (3) the specific evaluation criteria to be used by the below -mentioned review committee; (4) the extent of the city's proposed commitment of funds, property, and services; (5) the definitions of the terms "substantial increase" and "material alteration" That will apply to the project pursuant to subsection (e)(4) hereof; and (6) a reservation of the right to reject all proposals and of the right of termination referred to in subsection (e) (4), below. After public notice there shall be a public hearing at which the commission shall consider: (1) the contents of the request for proposals for the subject unified development project; (2) the selection of a certified public accounting firm, which shall include al leas: one member with previous experience in the type of development ire, question; and (3) the recommendations of the city manager for the appointment of persons to serve on the review, committee. Said review committee shalt consist or an appropriate number of city officials or emproye,es and an equal number plus one of members of the public; whose names shall be submitted by„the city manager no fewer than five days prior to the above=mentioned public hearing. • At the conclusion of the public hearing the city commission shall authorize the issuance of e request for -proposals, select a certified public accounting firm, and appoint the members of the review committee only from among the persons recommended by the city manager. The procedure for the selection of an integrated packege proposals shall be as follows: (1) al! proposals shall be analyzed by a certified public accounting firm appointed by the commission based only on -the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the city manager. 1.1L)' Ul 1Viic11111 - llllCi 1J111L (2) the review committee shall evaluate each proposal based only on the evaluation criteria aophcabie to said review committee contained in the request for proposals. Said review committee shall render e written report to the city manager of its evaluation of each proposal, including any minority opinions. (3) tat:ino.into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee. the city manager shall recommend one or more of the proposals for acceptance by the city commission, or alternatively, the, city manager may recommend that all proposals be rejected. If there are three or more proposals and the city manager recommends only one, or if the city manager recommends rejection of all proposais, the city manager shall state in writing the reasons for such recommendation. in transmitting his or her recommendation or recommendations to the cornrnission, the city manager shall include the written reports. including any minority opinions, rendered to by the aforementioned certified accounting firm and review committee. • (4) all contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, as determined by the city commission. The commission may accept any recommendation of the city manager by an affirmative vote of a majority of its members. •In the event the commission does not accept a proposal recommended by the city manager or does not reject all proposals, the commission shall seek recommendations directly from the aforementioned review committee, which shall makea recommendation or recommendations to the commission taking into account the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committeethe commission shall, by an affirmative vote of a majority of its members: (1) accept any recommendation of the review committee; or (2) accept any previous recommendation of the city manager or (3) reject all proposals. All contracts for unified development projects shalt be signed by the city manager or designee after approval thereof by the cominjssion. The city manager or designee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law in conjunction with the award of contracts for unified development projects. The provisions of this charter section shall supersede any other charier or code provision 10 the contrary. (b) Sales and leases of real property; prohibition. Except as otherwise provided in this section, there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest. Any such sale, conveyance, or disposition shall be conditioned upon compliance with: the provisions of this section; such procurement methods es may be prescribed by ordinance; and any restrictions that may he Imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right; title. or Interest shall Vest in the transferee of such property unless the sate, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown deveiopment authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance, fir disposition to the highest responsible bidder by means of the following procedure: the city manager, the director of the off-street parking authority. or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirds of the city commission after a properly advertised public hearing. VVnen the requirement of sale, conveyance; or disposition to the highest responsible kidder is waived, other procurement.methods.as maybe prescribed:by ordinance shalt.be followed.. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. (c) Safeguards. (1) All persons contracting with the city under this section shall be required to canary their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any noncompliance by said persons with the above laws. (2) All persons contracting with the city under this section shall be obligated to pay whichever is the greater of the following: (i) all applicable ad valorem taxes that are lav✓fully assessed against the property involved or (ii) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) Any proposal by e potential bidder or contractor that contemblates more than the estimated extent of the city's proposed commitment of funds, property, or services shall be ineligible for acceptance by the city commission. (4) Any substantial increase in the city's commitment of funds, property, a services, or any material alteration of any contract awarded under subsection (c) of this section shall entitle the city commission to terminate the contract after a•pubiic hearing. Prior to such pubjjc hearing. the city commission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. (Char. Amend. No. 3, 11-6-79; Ord. No. 9507, § 1, 10-28-82/11-2-82; Res. No. 85- 656, § 2.a, 7-24-85/11-4-86; Res. No. 87-678, § 2(a), 7-9-87111-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 6-9-01) Editor's note: Res. No. 01-843, § 2. adopted August 9, 2001, amended § 29-A in its entirety to read as herein set.out. formerly. § 29-A pertained to contracts for personal property, pubic works or improvements. unified - development projects, and real property; safeguards; T.he n stor.jcel notation has been retained for reference purposes. Ord. --No. 9489, adopted by the commission on Sept. -17: 1982 -set forth Charter Amendment No. 1 for - approval/rejection at elector: on Nov. 2, 1982. On Oct. 28, 19112, Ord. No. 9507 amended the language of subsections (a) and (c) of § 53 as proposed by Ord. No. 9489. The election was IC approve the language of Charter Amendment No. 1; as amended by Ord. No. 9507. Subsequently, in tight of Charter Amendment No. 2 of Nov. 3,-1987, the city attorney directed the codtfier to delete paragraph (ti) of subsection (d) as superseded • by § 29-B. Charter Case Ipw ro-ferencea:..F. or case gfa:�deG..pnor to enactment py .,�,zrt..r ,amen„man, No..3 or 1.979 of a competitive -bidding requirement for disposition of city property. see Mahoney v. Givens, 04 So. 2d 925. Said 1.1Ly O.L 1V114.1111 - tijG1JUt V1111 G case held that competitive bidding is not required to lease city real estate. Material variance between plans bid upon and plans submitted and adopted renders contract void, Glatsiein v. City of Miami, 399 So. 2d 1005. Sec. 29City-owned property saie or lease --Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees: said advertisement to be no less than one-fourth (1/4) page and the headline In the advertisement to be in a type no smaller than 18-point and. (b) except as provided below. there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are lass than three (3) such proposals received and if the guaranteed return under the proposal whoee acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. In the case of city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city -owned property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars (3500,000) or less, based on an appraisal performed by a state -certifier appraiser. the city commission, by a 4/5 the affirmative vote, may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of e referendum. The above provisions and any other city requirements for competitive bidding shall not apply when: (a) conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission; (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and ff disposing of nor -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non -waterfront property is non -buildable. Notwithstanding anything herein to the, contrary. the city commission, by a 4/5 the affirmative vote, may grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum: for the purpose of funding additional capital improvements.. The extended rem: shall not exceed twenty-five percent of the original term or ten years, whichever is less. The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city. (Res. No. 87-678: § 2(a), 7 -9-87/ 1 1-3-87; Res. No. 01-841, § 2. 8-9-0 Res. No. 01-843, § 2, 8-9-01) Sec. 28-C. Same --Watson Island. `Noiv✓tthstanding any•provision to the contrary contained in.ths•Charter or. Code of the- City of Miami, no sale; . conveyance, lease or management agreement may be entered into for the management, occupancy or use of the area known as Watson Island for periods greater than one year unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or management agreement, pubiished in a daily newspaper of general paid circulation in the city, allowing not Tess than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees. said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum. The procedures for seieciion of proposais shall be those provided by Charter. section 29-A(c) or (d) as appropriate and/or by applicabie City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area: however, any enlargement, amendment. transfer, or increase in those rights or privileges es may be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment.. This Charter Amendrnent shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any city faciiities or improvements in the area: further, nothing contained herein shall apply to projects of any governmental agency or instrumentaiity. The city commission, by a 4/5 the affirmative vote, may authorize issuance of a license or concession agreement for e period not exceeding one (1) year, without the necessity of a referendum, for the use of Watson Island. (Res. No. 87-677, § 2(a), 9-8711 1-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, 6 2, 8-9-01) Sec. 2S-0. City -owned waterfront property; leases with nonprofit organizations; authorization to waive competitive bidding and referendum requirements; terms of lease. Notwithstanding any provision to the cdnira.ry contained•in,the.Chartef;or;Ooae.of.the City.of h%riami: the city commission is authorized to waive all competitive bidding and referendum requirements, if applicable, when entering into 2 tease ocextending an existing lease with e nonproirt, •noncammercial,°Wate.radependent organization which provides or seeks to provide marine -recreational services and/or activities to the community at any city -owned waterfront property, provided all of the following conditions are. met:. _ (A) The terms of the lease allow reasonable public access to the water and reasonable public use of the • property, and complies with all waterfront setback and view -corridor requirements set forth in the Charter and Code; Ef) The Pee. IR autnnrrz under he then rlsting .^,omprehensrve plan of the city; (C) The terms of the lease require that the properly be used for public purposes only; RFP 274 76,1 41-itg {tin KENNETI-I ROBERTSON JOHNNY MAR'I`INEZ. (.'hiel Procurcmcnt Officer (.City Mmae,cr ADDENDUM NO. 1 RFP No. 274276 July 13, 2011 On -Demand Transportation Services TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, and clarifications amend the RFP Documents of the above captioned RFP, and shall become an integral part of the Contract Documents. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The following lines have been removed from the "Certifications" section of the hardcopy RFP document (Pages 3-4 of 53), and as such proposers are not required to submit said information in their proposal response: Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None. Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Conditions) (Yes or No) Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I VVe hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Conditions? (Yes or No) ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Sincerely, ,Zf/Li `enneth Robertson Director/Chief-Procurement Officer:, City of Miami Request for Proposals (RFP) Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement RFP Number: 274276,1 Title: Request for Proposals for On -Demand Transportation Services Issue Date/Time: 24-JUN-2011 RFP Closing Date/Time: 18-J1JL-2011 @ 13:00:00 Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Tuesday, July 5, 2011 at 12:00 Noon Buyer: Calderon, Yadissa Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: Buyer Facsimile: ycalderon@ci.miami.fl.us Page 1 of 52 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 en -ors 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 infoiuiation 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 subrnitter. Please print the following and sign your name: SUPPLTFR NAME' ADDRESS' PHONE- FAX. EMAIL: BEEPER. SIGNED BY. TITLE: DATE - FAILURE TO COMPLETE. SIGN. AND. RETURN THIS FORM SHALL DISQUALIFY•THIS BID Page 2 of 52 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Will Subcontractor(s) be used? (Yes or No) Page 3 of 52 Line: 1 Description: Flat rate s for non -ambulatory trips; the flat rate quoted shall include full compensation for labor, equipment use, traveltimeand anyother cost to the bidder Category: 95294-00 Unit of Measure: Each Unit Price: $ Line: 2 Number of Units: 1 Total: $ Description: Flat rate s for ambulatory trips; the flat rate quoted shall include full compensation for labor, equipment use, travel time and any other cost to the bidder. Category: 95294-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 4 of 52 Request for Proposals (RFP) 274276,1 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions 24 2.1. PURPOSE 24 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICAT1 ON 24 2.3. TERM OF CONTRACT 94 2.4. CONDITIONS FOR RENEWAL 74 2.5. NON -APPROPRIATION OF FUNDS 24 2.6. MINIMUM QUALIFICATION REQUIREMENTS. 24 2.7. FAILURE TO PERFORM 75 2.8. INSURANCE REQUIREMENTS 75 2.9. CONTRACT ADMINISTRATOR 26 2.10. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 26 2.11. SPECIFICATION EXCEPTIONS 27 2.12. TERMINATION 77 2.13. ADDITIONAL TERMS AND CONDITIONS 77 2.14. PRIMARY CLIENT (FIRST PRIORITY) 28 2.15. CHANGES/ALTERATIONS 78 2.16. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 28 2.17. ADDITIONAL SERVICES 29 2.18. COMPENSATION PROPOSAL 29 3. Specifications 30 3.1. DEFINITIONS 30 4. Submission Requirements 48 4.1. SUBMISSION REQUIREMENTS 48 5. Evaluation Criteria 52 5.1. EVALUATION CRITERIA 52 Page 5 of 52 Request for Proposals (RFP) 274276,1 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terns and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest 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 OR EQUIPMENT - Any good(s) or equipment delivered under this fonnal 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 terns 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 conforn 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. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 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 Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or 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 bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miarni.fkus/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same fonnal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 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 City of Miami's prior written consent. 1.7. ATTORN'EY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including appellate litigation and any post judgment proceedings. • 1 s AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to access at-allreasonable times to the City, or to any of its dulyauthorized 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 Bidder/Poser,as t .x Maintain and retain any and all of the books, documents, papers -and records pertinent to the.Cropontract.for Page 6 of 52 Request for Proposals (RFP) 274276,1 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 inunediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Govemmental, not -for -profit or quasi-govermnental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) 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 bid contract or agreement will establish its own contract/agreement, place its own orders, issue its. own purchase orders, be invoiced there from and make its own payments, determine shipping terns and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/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 Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Depai lucent, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. 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/or awarded. If the right is exercised,. the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terns and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a'single shipment of goods to the City, the contract tern shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/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 Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be famished by the City, will contain certain terns as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. 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 Ivlrariir, for the amount bid is required from all bidders/proposers; if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed if it, is awarded to bidder/proposer. Bidder/Proposer shall forfeit brd deposrt to the Crtyshould Cit) award $ ,'; Page 7 of 52 Request for Proposals (RFP) 274276,1 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/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 bid 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 an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the amiulrnent 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.made to the next lowest responsive, responsible Bidder or 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 bidder/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, Bidders/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 specified, evidence in the fowl of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after fornlal 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 bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firni 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_duting.the.tune.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 Bidder/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 —Bidder/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 Purchasing Department or initiating depai tnuent. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/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 bids/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, etc. 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: -Executive Order 11246, which prohibits discrimination agairist any,employee, applicant, or client -. because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: eniploynient'practices, rate of pay or other compensation methods,' -and training selection Page 8 of 52 Request for Proposals (RFP) 274276,1 B. Occupational, Safetyand 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. I. City 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. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, 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, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written reconunendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than S200,000. The Cone of Silence prohibits any conununication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, 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 comtunications with the City purchasing staff, provided the cotmnunication 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 or pre -bid 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, RFLI or IFB (bid) 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, RFLI OR IFB by City Purchasing staff. Proposers or bidders 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, which shall be made available to any person upon request. Written communications may be in the fonn 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 or bidder shall render any award voidable. A violation'by a particularBioder, 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 Ethics Commission.;.Proposersor bidders; should, reference:.,., Section 18-74 of the City of Miami Code for further clarification. Page 9 of 52 Request for Proposals (RFP) 274276,1 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, 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 — Bidders/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 Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby.acknowledges that he/she/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. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the connnission; (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 Bidder/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 — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this fonnal solicitation, and bidders/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 BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be bome by the Bidder(s)/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 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 dcbar 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 subcontract. Cony iction understate or federal fb statutes oemezzleme (2) nt; theft, forgery, bribery,.falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. Page 10 of 52 Request for Proposals (RFP) 274276,1 (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 nonresponsibility. 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 or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other 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. 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 submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperfoiivance, which shall include any failure on the part of the successful Bidder/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 Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/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 perfoiin new work where prior work has been rejected as nonconforming with the terns of the Contract. '. Y"' E.'"'Becoming insolvent,' being declared bankrupt, or connnitting,any act of banlcriiptcy or insolvency, or. making an assignment for the benefit of creditors, if theansolvency;::bankruptcy, or assi,gmnent renders -the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. Page 11 of 52 Request for Proposals (RFP) 274276,1 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 - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all 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 Response non -responsive. 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 Bidder(s)/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 Bidder/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) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms 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 teams 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 low bidder or 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) Bidder/Proposer fails to acknowledge receipt of addenda;.: Page 12 of 52 Request for Proposals (RFP) 274276,1 2) Bidder/Proposer mistates 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; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/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. EIimination 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 a defaulter as surety 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 fine 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. Bidder/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 Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/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. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/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 bidder/proposer warrants that prices, tenns, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Fonnal Solicitation. Such prices will remain finn 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. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative uhless'such an agreement is found infeasible by the city manager and such finding'approved.,by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Page 13 of 52 Request for Proposals (RFP) 274276,1 Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index 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 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the tern of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida -Minimum Wage Law will not impact its prices .throughout the.tenn.ofcontract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) detenninati on. 1.40. 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. 1.41. 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 terns and provisions hereof. 1.42. 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 infonmation only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-pernitted-disclosiires; C. Reporting to the City of Miami 'of any non -permitted use ordisclosure; - D. Assurances that any agents and subcontractors agree to the same:•restrictions and conditions that apply to;; the Bidder/Proposer and reasonable assurances that IIHI/PHI will beheld confidential, Page 14 of 52 Request for Proposals (RFP) 274276,1 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. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ 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. 1.43. INDEMNIFICATION - Contractor shall indenmify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys 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, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees.. 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 indenmify 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. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/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. The City may, at reasonable times during the tern 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 terns 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 subje.ct.to,. aI d inade in accordance vi'itli; the provisions of the City of Miariii Ordinance No. 12271 (Section 18-79), aS same may be amended or supplemented from time to time: 1.46: INSPECTION OF RESPONSE - Responses received by the City pursuant,to,aFonnal„Solicitation_4 Page 15 of 52 Request for Proposals (RFP) 274276,1 will not be made available until such time as the City provides notice of a decision or intended decision or within 10 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. 1.47. 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 tens and conditions and shall not be awarded the contract. Under such circumstances; the Bidder/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 Bidder/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 Bidder/Proposer. 1.48. 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). 1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/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 bidder/proposer. must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Fom al Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing 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. 1.52. 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 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 Bidder'slProposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/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 —Bidder/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, Bidder/Proposer agrees that no otherwise qualified individual shall Page 16 of 52 Request for Proposals (RFP) 274276,1 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, Bidder/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 bidder(s)/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. 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 Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. 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 Bidder/Proposer pursuant to this fonnal solicitation shall at all times remain the property of the City and shall notbe used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. 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. 1.60. 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. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/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 Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the infonnation required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shali'be shown; and'such price shall include"; packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes,,insurance, social security workmen s Page 17 of 52 Request for Proposals (RFP) 274276,1 compensation, and any other benefits normally paid by the Bidder/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 Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/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 fire'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 may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/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 when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62. 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. ✓ 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product 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. 1.64. 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. 1.65. PROMPT PAYMENT —Bidders/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. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Fonnal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the teens 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 detennined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the tern of the contract. • 1.66. PROPERTY - Propeity 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 Page 18 of 52 Request for Proposals (RFP) 274276,1 loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67.•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. 1.68. 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 submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and infonnation pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami 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. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. 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. 1.71. 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. 1.72. 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. 1.73..RESOLUTION OF CONTRACT.DISPUTES .(Sec. 18-105) (a) Authorityto resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than S25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies 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. (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. 1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) 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. 'Protests.thereoii shall be governed by the Administrative Policies and Procedures of Purchasing.. 1.Protest of Solicitation. Any prospective proposer who perceives itself aggrieved in connection with the solicitation' of a Contract Page 19 of 52 Request for Proposals (RFP) 274276,1 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 ii. Any prospective bidder who intends to contest the Solicitation Specifications or a 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 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. i. 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, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's reconunendation 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 Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. 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 deterinination 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. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) 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; docurnentation 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. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and conununicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than S25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable reconunendation by the city attorney and the City Manager. • (c) Compliance with filing requirements. Failure of a party to timely file either the notice .of intent.to file a ''protestor the written protest, together with the required Filing Fee as provided in subsection'(f),Nith Chief Procurement Officer within the time provided in subsection (a); above, shall constitute a forfeiture of such parry'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 Page 20 of 52 Request for Proposals (RFP) 274276,1 (d) 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. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) 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 S5000.00, 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. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specifiedat no expense to the City. If not destroyed by testing, bidder(s)/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. 1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor 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. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/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. 1.78. 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 cornrnercial practices are to prevail and that only materials offirst quality and correct type, size and design are to be used:. All workmanship and services is to be .first quality.. . All interpretations of these specifications shall be made upon the basis of this statement. If your fine has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may 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 IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/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 Bidder/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' US 1: US 1 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. Page 21 of 52 Request for Proposals (RFP) 274276,1 FROM THE SOUTH: US1 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 bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/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 infonnation previously stated in 1.82.A. 1.80. 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, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/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 Bidder/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to temunate 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 terns 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. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/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. 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. 1.83. 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. 1.84. 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.:.....• : • ,..:..• ,, 1:85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- AllResporises submitted to the'City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An Page 22 of 52 Request for Proposals (RFP) 274276,1 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 finn'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 attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/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 Bidder(s)/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. 1.87. 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. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/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. Page 23 of 52 Request for Proposals (RFP) 274276,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for On -Demand Transportation Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the teens, conditions and stipulations of the solicitation. 2.2. 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 Purchasing Department, Attn: Yadissa Calderon; fax: (305) 400-5369 or email: ycalderon@ci.miami.fl.us. The solicitation title and number shall be referenced- on all correspondence. All questions must be received no later than Tuesday, July 5, 2011 at 12:00 Noon. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall continence upon the date of notice of award and shall be effective for one (1) year with the option to extend for four (4) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, temis and conditions established herein. (2) Availability of funds 2.5. NON -APPROPRIATION OF FUNDS . In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any finn(s). 2.6. MINIMUM QUALIFICATION REQUIREMENTS Each firm interested in responding to.this Request for Proposals must provide the information on the finn's qualifications and experience, qualifications of the project team, Project Manager's experience, and previous similar projects. Additionally, Proposer must: (1) be an established firm for a minimum of three (3) consecutive year(s), and/or its owner(s) and/or principal(s), must have a minimum of three (3) years related experience. '(2)' ":"'"' the individual 'proposed as the Project Manager must have: a mimmum of three (3) years experience in projects similar in scope, and must have served as project manager ori_ at least one (1) project similar in scope as required herein. See "Instructions for Submitting a Response: (Submission Requirements)." Submittals that do not Page 24 of 52 Request for Proposals (RFP) 274276,1 respond completely to all requirements may be considered non -responsive and eliminated from the process. 2.7. FAILURE TO PERFORM Should it not be possible to reach the contractor 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 Contractor in default of the contract or make appropriate reductions in the contract payment. 2.8. INSURANCE REQUIREMENTS INDEMNIFICATION Proposer shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of proposer's performance under the provisions of the contract, including all acts or omissions to act on the part of proposer, including any person performing under this Contract for or on proposer's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, orthe investigation thereof. The proposer shall furnish to City of Miami, c/o Purchasing 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: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and. Advertising Injury S1,000,000 S 2,000,000 S 1,000,000 S1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Contingent and Contractual Liability Premises and Operations Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami included as an Additional Insurer III. Excess Liability (Excess Follow Form) A. Limits of Liability Page 25 of 52 Request for Proposals (RFP) 274276,1 Each Occurrence S1,000,000 Aggregate S 1,000,000 City of Miami included as an additional insured. IV. Worker's Compensation Limits of Liability Statutory -State of Florida V. Employer's Liability A. Limits of Liability S100,000 for bodily injury caused by an accident, each accident. S100,000 for bodily injury caused by disease, each employee S500,000 for bodily injury caused by disease, policy limit BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the proposer. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class 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 proposer 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 proposer 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 Proposer in conjunction with the General and Special Terns and Conditions of the RFP. The Proposer 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 Proposer. 2.9. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Lilia L. Medina, AICP, Office of Transportation, who shall be designated as the Contract Administrator. 2.10. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) . A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or fine contracted by the Proposer or Proposer's' finri to assist in the perfonnance of services required under this Solicitation. A . Sub -Contractor shall be paid'through Proposer or Proposer's fine 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 -Contractors to be utilized in the Page 26 of 52 ..:!Ill: Request for Proposals (RFP) 274276,1 performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer 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, the Successful Proposer shall provide a list confirming the Sub -Contractors that the Successful Proposer 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 inforniation required of Proposer. 2.11. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.12. TERMINATION A. FOR DEFAULT If Contractor 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 Contractor 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 Contractor was not in default or (2) the Contractor'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 interests 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 Contractor 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 the payment provisions of the Contract for those services rendered prior to termination. 2.13. ADDITIONAL TERMS AND CONDITIONS No additional'terms-arid conditions included with the solicitation response shall be evaluated or ... . • considered, andany and all such additional terns and conditions shall have no force or effect.and are inapplicable'tdthis 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 Page 27 of 52 Request for Proposals (RFP) 274276,1 and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. 2.14. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe stones or any other public emergency impacting various areas during or approximately the same time. 2.15. 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. 2.16. 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) Purchasing 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 Conunittee, 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 Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's reconunendation, the City Manager's recommmendation for award of contract will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Reconunendation of Award Section. The notice of the City Manager's reconmiendation 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 Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject all proposals, or reconunend that the City Commission reject all proposals. (9) The City Commission shall consider the City Manager's and Evaluation Committees' reconmliendation(s) and, if appropriate and required, approve the City Manager's recotnniendation(s). The City,Commission inay also reject any or all response. , • (10) 'If the' City Commission approves the recommendations, the City will enter into negotiations with the selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed appropriate by the City Manager. Page 28 of 52 Request for Proposals (RFP) 274276,1 (11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). 2.17. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.18. COMPENSATION PROPOSAL Each Proposer shall detail any and all fees and costs to provide the required services as listed herein. Proposer shall additionally provide a detailed list of all costs to provide all services as detailed in Section III Scope of Services, as proposed. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). Failure to submit compensation proposal as required shall disqualify Proposer from consideration. Page 29 of 52 Request for Proposals (RFP) 274276,1 3. Specifications 3.1. DEFINITIONS The following words and expressions used in this Solicitation shall be construed as follows, except when it is clear from the context that another meaning is intended: 1) ADA— Americans with Disabilities Act of 1990. 2) Agency — A.n entity who requests transportation services for its customers through the City. 3) Ambulatory — Any Customer who can enter, occupy and exit a passenger motor vehicle with limited assistance from the Chauffeur, does not require the use of a wheelchair, and does not require bodily lifting by the Chauffeur. 4) Cancellations — Notification to the selected Proposer by the City, Customer, or a person representing the Customer (i.e.' family member, social worker, etc.) that a scheduled trip is no longer required. 5) Chauffeur or Driver — An individual operating a City authorized vehicle to transport Customers, attendants, and/or Companions. 6) City — A municipal corporation of the State of Florida and shall mean the City of Miami and authorized representatives thereof. 7) Client, Customer, or Rider — A person who is designated by the City as eligible to reserve and receive a trip defined asCity of Miami residents that either earn an income that is below the threshold set by the State of Florida to detennine a senior citizen's additional homestead exemption as outlined in Section 196.075, Florida Statutes (2010) and meet one or both of the following criteria: a) are aged 65 years or older b) have a disability, as defined in the ADA. 8) Companion — A person who is not a PCA and accompanies a Customer at the Customer's request. 9) Complaint — Dissatisfaction expressed verbally or written from a Customer, City staff, or the general public pertaining to any facet of service provided under the resultant contract. 10) Contractor — The Proposer that receives any award of a contract from the City as a result of this Solicitation, also to be known as "the prime Contractor." The Contractor is an independent Contractor of the City and not an agent authorized to bind the City. The Contractor and its employees shall receive no City employment; vacation, health care, or any other City benefits or stipend. Any provisions of this Proposal that may appear to give the City any right.to direct the Contractor concerning the details. of operating its service, or to exercise any control over such performance shall mean only that the Contractor shall follow the direction of the City concerning the end results of the performance. 11) Computer System — a system or similar that tracks customers, generates reservations, ensures on -time performance and accurate travel time. 12) Door-to-door — Transportation service which requires the chauffeur to assist the customer from the main accessible door at the point of origin to the main accessible door at the point of destination. This includes assisting the customer as more fully described in Section 3.2.22(g). This does not include bodily lifting of any customer. 13) Excessive Travel Time — When a Customer's travel time for a one-way trip exceeds the comparable fixed route travel time by more than 10%, including applicable transfers, walking, and wait time; or where no comparable fixed route travel time is available, the average bus system speed (currently, eight (8) miles per hour). 14) Formal Complaint — A Complaint received by the City and/or Proposer pertaining to any facet of operation under the control of the selected Proposer which, in the City's opinion, requires a written response from the selected Proposer. 1 5In Service — The time a vehicle/Chauffeur begins the run to provide transportation service to a Customer until the time the run is, completed. 16) Incident -Any unusual orextraordinary event that causes disruption of service which -occurs while a vehicle/Chauffeur is -in service that may or may not include intervention of City, selected Proposer, and/or other governmental agencies including Fire Rescue, Police, etc. Page 30 of 52 Request for Proposals (RFP) 274276,1 17) Low Income — Customers qualifying for the City's On -Demand Transportation Service are to have an adjusted household income below the threshold set by the State of Florida to determine a senior citizen's additional homestead exemption as outlined in Section 196.075, Florida Statutes (2010) as defined by the Florida Department of Revenue. The income threshold is 526,203 for the 2011 calendar year. The amount is varies yearly in accordance with the Consumer Price Index inflation adjustment. Customers may . demonstrate fulfillment of this requirement by completing Form DR-501. Alternatively, Customers may provide proof of low-income by submitting a Report of Confidential Social Security Benefit.Infonnation (SSA-2458) 18) Missed Trip — Failure to pick-up a Customer at all, except for a Cancellation. 19) Multi -Loading — The transportation of two or more passengers, who are not traveling together to and from the same location, but in a direction suitable to accommodate multiple Client transportation requests. 20) Negotiated Pick-up Time — When a Customer calls the selected Proposer with a Requested Pick-up Time, the selected Proposer may negotiate a pick-up/vehicle arrival time while the Customer is on the phone. The negotiated time shall be within one (1) hour before or one (1) hour after the Requested Pick-up Time. Once agreed upon, the Negotiated Pick-up Time cannot be changed by the selected Proposer and shall be accurately recorded on the Driver's Manifest. 21) Next Day Service — A trip provided in response to a reservation made 24 hours in advance. 22) No-show — Failure of a Customer to cancel a prearranged trip at least one (1) hour in advance of the Scheduled Pick-up Time or not be present at the designated pick-up location throughout the Service Window. 23) Non -Ambulatory — Any person who requires to be transported in a lift or ramp equipped vehicle and/or must travel in his/her wheelchair. 24) On -Demand Transportation Service — door-to-door transportation services contracted by the City of Miami to serve the City's low-income elderly population, aged 65 and over and/or the disabled for specific trip purposes. For the purposes of this Proposal, "pre -arranged transportation service" will have the same meaning as on -demand transportation services. 25) Personal Care Attendant (PCA) — The person who provides assistance to the Customer. 26) Personnel — The employees of the selected Proposer, the subcontractors of the selected Proposer, and the employees of the subcontractors. 27) • Program Feedback - Any observation (positive or negative) received from Customers, City staff, .or the general public pertaining to any facet of service provided under the resultant contract. 28) Proposer — The person, firm, entity or organization submitting a response to this Solicitation. 29) Requested Pick-up Time — The desired time requested (asked for) by the Custorner to meet their transportation needs. For further information see "Negotiated Pick-up Time". 30) Reservation — The assigmnent of a pick-up time for a Customer based upon the Customer's Requested Pick -Up Time or Negotiated Pick -Up Time. 31) Routing — The organization of individual Customer pick-ups and drop-offs within the "Service Window" constraints so as to maximize multi -loading and the efficient utilization of Chauffeurs and vehicles without "Excessive Travel Time" for the Customers. 32) Same -Day Reservation Service — Service which is provided to a customer on the same day that a request for service is made. This service is not allowed. 33) Scheduled Pick-up Time — The pick-up time either requested by the Customer and accepted by the selected Proposer or the successfully negotiated pick-up time between the Customer and the selected Proposer, that is routed by the selected Proposer, for the purpose of vehicle/Chauffeur arrival at the. Customer's pickup location within the two (2) service window which is one (1) hour before or one (1) hour after the Requested Pick-up Time. 34) Scheduling— The assignment of a reservation for Customer transport. Scheduling may based on the Scheduled Pickup Time for a Customer or the Customer's required arrival time at a designated Ideation. 35) 'Scope ofServices - Section 3.2 of this Solicitation, which details the work to be performed by the Page 31 of 52 Request for Proposals (RFP) 274276,1 selected Proposer. 36) Service Window or Window — Period of time allo'ed.to the selected Proposer after the Customer's Scheduled Pick-up Time, for vehicle/Chauffeur arrival and actual Customer pick-up. The period of time allowed is zero (0) minutes before and thirty (30) minutes after the Scheduled Pickup Time. 37) Solicitation — This Request for Proposal (RFP) document, and all associated addenda and attaclunents. 38) Special Transportation Service (STS) — Miami -Dade Transit coordinates the STS, a shared -ride public transportation service provided by Miami -Dade County in compliance with the paratransit service provisions of the (ADA) of 1990. STS provides door-to-door transportation for people with disabilities who are unable to use the Metrobus, Metrorail, or Metromover. Transportation is provided from the main entrance of the place of origin to the main entrance of the destination. STS can be used throughout most of urbanized Miami -Dade County, and some parts of southern Broward and northern Monroe Counties. STS offers transportation for the disabled community for work, school, shopping, recreation, medical appointments, and other needs. STS•does not require compliance to an eligibility criteria based on income and/or age. 39) Stranded Customer — A Customer who is not picked up within sixty (60) minutes of the Scheduled Pickup Time. 40) Subcontractor — Any person, firm, entity or organization, other than the employees of the Contractor, who contractswith theContractor to furnish labor, equipment, carrier service (trips) to Customers, provide reservation and/or call taking services, or any combination thereof, in connection with the Services to the City, whether directly or indirectly, on behalf of the Contractor. 41) TDD — Telephone device for the deaf. 42) Travel Time — As defined by the ADA for paratransit services or on -demand transportation, a one-way paratransit trip wherein the Customer's time traveled is similar to a comparable fixed route travel time, including applicable transfers, walking, and wait time. Where no comparable trip is available using the fixed -route service, paratransit travel time will be defined as eight (8) miles per hour. 43) Trip — The one-way transportation service provided from when the Customer enters the vehicle to when the Customer's destination is reached and equivalent to boarding. 44) Trip Center — Facility where requests for trip reservations are received, negotiated, scheduled, routed, dispatched and forwarded to the Chauffeurs/vehicles providing Customer. The Proposer shall operate the Trip Center. 45) Trip Cost — shall mean transportation fees paid to the Proposer for services rendered. 46) Trip Denial — A Customer's trip request is considered a "trip denial" if: 1) the round trip completion cannot be provided at the time of the request; or, 2) a trip is scheduled/performed outside the 2-hour ADA service window, i.e. not provided within one (1) hour before or one (1) hour after the Requested Pick -Up Time. 47) Trip Screening — The process or procedure used by the selected Proposer, during the reservation process, to ensure that only Customers, as pre -determined by the City, are provided with On -Demand transportation services. 48) Will -Call — Customer's request for a return trirthat cannot be accurately pre -scheduled, such as the return of a medical trip, which the selected Proposer shall pick-up a Customer within one (1) hour from the time the selected Proposer is notified. 49) Work, Services, Program, or Project — All matters and things that will be required to be done by the Contractor in accordance with the Scope of Services and the terms and conditions of this Solicitation. 3.2 SCOPE OF WORK 3.2.1 Introduction/Background The City of Miani,'hereinafter referred to as the City, as represented by the Capital Improvements 'Program and the Office of'Transportation'is•soliciting proposals to establish a contract to provide On -demand Transportation Services. As used herein, the City's On -Demand Transportation Service is a service comprised of vans, or small Page 32 of 52 Request for Proposals (RFP) 274276,1 buses operating in response to calls from Clients or Agencies to the selected Proposer, who then dispatches a vehicle that picks up the Customers and transports them to their destinations. The service is characterized by the following: a) the vehicles operate over non -fixed routes but may include semi -fixed routes, on a flexible schedule. except, perhaps, on a temporary basis to satisfy a) specific trip purposes and, b) the vehicle may be dispatched to pick up several Customers at different pick-up points before taking them to their respective destinations and may even be interrupted en route to these destinations to pick up other Customers. Pursuant to Miami -Dade County Ordinance No. 02-115, as amended March 15, 2011, the criteria for eligible customers are as follows: Low -Income residents that earn an income that is below the threshold set by the State of Florida to determine a senior citizen's additional homestead exemption as outlined in Section 196.075, Florida Statutes (2010) and that meet one or both of the following criteria: a) are aged 65 years or older b) have a disability, as defined in the ADA. The Florida Department of Revenue (FDR) determined the Senior Homestead Exemption in calendar year 2011 to be set at an Adjusted Household Income Limitation of S26,203. The amount varies yearly in accordance with the Consumer Price Index inflation adjustment. Customers may demonstrate fulfillment of this requirement by completing Fonii DR-501. Alternatively, Customers may provide proof of Low -Income by submitting a Report of Confidential Social Security Benefit Information (SSA-2458). Those individuals who are currently receiving STS benefits through Miami -Dade County or any other entities are not eligible for the City's service. The On -Demand Transportation Service must use a 24-hour, pre -arranged schedule. An immediate call taxi type service is not eligible for this program. The Service Area shall be restricted to the City's municipal boundaries and trips must originate and terminate within the Service Area. The City is prioritizing service to eligible Customers for the following trip purposes: Access to senior centers providing hot meal and places for food procurement; government and medical facilities; trips to facilities for personal rehabilitation; and access to participate in recreational activities sponsored by public entities. On -Demand Transportation Service is more flexible and personalized than conventional fixed -route services and does not include charter.bus and.exclusive-ride taxi services. The Provider may offer a semi -fixed route in response to the needs of the City's Customers. In addition, the City will be using municipal funding for the service. The City is requesting a response that provides a Fee for Service on the one-way cost per Trip, Ambulatory and Non -Ambulatory. The City will reimburse the selected Proposer for the cost of each eligible Trip. The City is soliciting a Proposer that is able to provide an estimated 14,000 trips within the City's fiscal year, approximately fifty (50) trips per day. 3.2.2 Description of Service The selected Proposer shall provide transportation services to Customers and City approved Agencies. The selected Proposer shall furnish and maintain the facility, equipment, supplies, training. space, and provide services necessary to operate a Trip Center. Such equipment includes, but is not limited to, office furniture, call taker/dispatcher furniture cubicles, personal computers, telephone lines, fax machines, TDD, and dispatch radios. The selected Proposer shall provide the professional management and transportation capacity required to manage operations and provide on -demand transportation services. The professional management shall at a minimum include provisions for vehicles and staff necessary to perform Trip Screening, reservations, scheduling, routing, dispatching, monitoring, billing, centralized training and management of all staff, and, if utilized, contracting and coordinating subcontractors to provide Services under the resultant contract. 3.2.3 ]Notice to Proceed .... The City will piovidewritten notice to the selected Proposer as a'Notice to`Proceed 'specifying the,`dateon'' which the selected Proposer shall commence' Services/Transition of Services of the resultant contract. 3.2.4 Minimum Responsibilities of the Selected Proposer Page 33 of 52 Request for Proposals (RFP) 274276,1 The selected Proposer shall: a) Hire, train, and manage staff'including call takers, Chauffeurs, dispatchers, and any other necessary positions. b) Accept computer, fax or manual transfer of information, as determined by the City, of Customer eligibility data. c) Resolve issues and respond to Formal Complaints. d) Identify and implement improvements in the Service as needed. e) Undertake surveys, attend meetings and conferences, and prepare informational reports requested by the City. f) Be responsible for all call taking functions, not limited to taking reservations and late vehicle assistance. 3.2.5 General Responsibilities of the City The City will: a) Furnish to the selected Proposer any plans, reports, and/or other data available in the City files pertaining to the work to be performed under the resulting contract. b) Monitor performance of the On -demand transportation service to ensure that the selected Proposer, and any subcontractors, meet.all requirements of the resultant contract. c) Use generally accepted accounting principles for all financial and billing transactions. Invoices will be recognized and applied against the resultant contract by the City. 3.2.6 Non -Exclusivity The City, in its best interest, reserves the right to: a) Directly contract with other public, private for -profit or non-profit entities to provide services covered under the resultant contract. b) Provide and/or contract with other firms to provide the transportation services portion of the resultant contract. c) Solicit at any time firnis to participate in the provision of on -demand transportation services at the sole discretion of the City. The City further retains the right to enter into contractual arrangements with other parties to meet the transportation needs of its residents. . . 3.2.7 Selected Proposer's Project Manager The selected Proposer shall designate a selected Proposer's Project Manager, who shall oversee the proper operation of the Service. The selected Proposer's Project Manager shall provide supervision of all personnel, and management of the accounts, operating records and service quality in accordance with the resultant contract standards. The selected Proposer shall provide the cellular phone number of the selected Proposer's Project Manager and an alternate staff member. The City expects the selected Proposer's Project Manager to be available from 8:00 a.m. to 5:00 p.m., Monday thru Friday to make decisions, provide coordination and/or attend in -person meetings. However, in the absence of the selected Proposer's Project Manager, the alternate staff member shall be available. 3.2.8 Transition of Services The selected Proposer shall commence transition of services and provide one -hundred percent (100%) on -demand transportation service for trips to all eligible Customers according to the dates stipulated in the Notice to Proceed. 3.2.9 Customer Eligibility The Proposer will determine each Customer's service eligibility based on the eligibility criteria described in Section 3.2.1 and will advise the City who is eligible for service. 3.2:10" Service Area —The Service Area for trips. provided under the.resultant.contract shall be restricted to the City's municipal bbundaries. The -City may change the Service Area at any time upon thirty'(30) days written notice to the selected Proposer:'The City reserves the right to implement fares, which the selected Proposer shall adhere Page 34 of 52 Request for Proposals (RFP) 274276,1 to. The Proposer may need to implement fare collection and reporting services as may be required by the City. 3.2.11• • Hours and Days of Service The selected Proposer shall provide transportation services from 8:00 a.m., to 5:00 p.m., Monday thru Friday for the Service Area defined in Section 3.2.1 of the RFP. By written notice to the selected Proposer, the City may change the hours/days the selected Proposer provides transportation services for the Service Area. The selected Proposer shall accept advance reservations from Customers, Monday thru Friday, from 8:00 a.m. to 5:00 p.m. By written notice to the selected Proposer, the City may change the timeframe the selected Proposer shall accept reservations. 3.2.12 Multi -Loading The selected Proposer shall multi -load advance reservations, Will -Calls for Customers, and wheelchair customers with ambulatory Customers, without Excessive Travel Time to theCustomers and within existing ADA and TD regulations. At no time, shall the selected Proposer allow the multi -loading of Customers to . exceed the capacity of a vehicle. Customers shall not be multi -loaded if an operable seat belt is not available for each Customer's personal use during transport, including shoulder harnesses for wheelchair customers. 3.2.13 Late Vehicle Assistance and Estimated Time of Arrival Inquiries The selected Proposer has a thirty (30) minute Service Window from the Scheduled Pickup Time. In the event the Chauffeur arrives prior to the Scheduled Pickup Time, the Chauffeur shall wait until the Scheduled Pickup Time. If the Customer agrees to board the vehicle early (prior to the Scheduled Pickup Time) then such pickup shall be considered on time for the purpose of the resultant contract. In the event the Customer is not ready or does not wish to board early, then the Chauffeur shall either wait for the Schedule Pickup Time or shall leave and return within the Service Window. In the event the Service Window is not adhered to by the Chauffeur and the Customer calls for Late Vehicle Assistance, the selected Proposer shall immediately dispatch a vehicle, if no vehicle is currently in route to the Customer, and provide an estimated time of arrival (ETA) to the Customer. Upon the Rider's or the City's request, the selected Proposer shall initiate a call between the Customer, selected Proposer and the dispatcher when obtaining ETAs. Upon request by the Rider or the City, the dispatcher shall be required to provide the Chauffeur's current location by intersection. In the event the Customer is not at the pickup location at the Scheduled Pickup Time or within the Service Window, the Chauffeur shall follow the process of Subsection 3.2.22(g) 9 herein. The selected Proposer shall adhere to the City's policy pertaining to No -Show.• The selected Proposer shall provide the City with a report of all Late Vehicle Assistance calls received on a monthly basis. If subcontractors are used in the resultant contract, the selected Proposer shall ensure the subcontractors do not receive Late Vehicle Assistance calls directly. Customers are permitted to request and the selected Proposer shall provide an ETA as early as twenty (20) minutes after the Scheduled Pick-up Time. Such calls are considered to be ETA inquiries rather than Late Vehicle Assistance calls. 3.2.14 Program Feedback and Response Program Feedback, including all complaints, other than Late Vehicle Assistance calls, will be immediately referred to the City's Capital Improvements Program customer service_staffusing an automated telephone transfer process. Program Feedback correspondence from the Customer(s) received via mail, email, or any other means by the selected Proposer directly shall be delivered immediately to the City's Capital Improvements Program customer service staff All Formal Complaints received by the City will be forwarded to the selected Proposer. For each individual Formal Complaint received, the selected Proposer shall generate a fully researched and specific response, as each Formal Compliant forwarded to the selected Proposer is deemed a legitimate concem. The selected Proposer shall submit to the City a written response to the Formal Complaint within three (3) business days in the event of urgent matters or seven (7) business days.for.non-urgent matters from .the : _ selected Proposer's receipt of the Formal Complaint. The complaints will be identified as urgent/non-urgent by the City and will be forwarded to the Selected Proposer forrtsponseThe:selected Proposer s response• shall result.from its evaluation and.deposition, and include the corrective -action to be taken by the selected Proposer to prevent reoccun•ence. In the event the City requests the selected Proposer to revise its response, the revised response shall be resubmitted to the City within twenty-four (24) hours of the request. The City Page 35 of 52 Request for Proposals (RFP) 274276,1 will direct and the selected Proposer shall proceed with the actions of the written response or an alternate response provided by the City. 3.2.15, - Fraud Reporting The selected Proposer shall offer and fund a S500.00 reward to anyone, including Customers and the selected Proposer's personnel, who reports proven fraud in the On -Demand Transportation Service program. 3.2.16 Selected Proposer Responsibilities (Software and Hardware) The selected Proposer shall: Provide a program management, preferably computerized system, or equivalent, that tracks customers, generates reservations, ensures on -time performance, and accurate travel time. The City reserves the right to approve or disapprove any request for system modifications received from the selected Proposer. The selected Proposer shall be responsible for any costs associated with selected Proposer requested/approved softwaremodifications unless the City agrees, in writing, to assume all or part of the cost for the overall good of the Service. 3.2.17 Reservation Process The selected Proposer shall receive all requests for service from Customers and conduct Trip Screening. The selected Proposer shall impose priorities based on trip purpose or restrictions upon eligible Customers upon the City's discretion. Priorities for trips are as follows: Access to senior centers providing hot meal and places for food procurement; gover anent and medical facilities; trips to facilities for personal rehabilitation; and access to participate in recreational activities sponsored by public entities. The selected Proposer shall provide reservation and call taking personnel at the Trip Center to cover the dedicated Service telephone lines in accordance with hours established per Section 3.2.11, Hours and Days of Service. The selected Proposer shall provide supervision in the Trip Center during all hours of operations to offer sufficient supervision of service operations, provide assistance to Customers, and direct Chauffeurs or other personnel. Reservation and other call taking personnel shall be trained to meet the performance standards specified under the resultant contract. At a minimum, the personnel shall: a) Demonstrate knowledge in key aspects of On -Demand Transportation Service operations, including reservations procedures, the resultant contract provisions, and On -Demand Transportation Service Program rules. b) . Serve the volume of incoming telephone requests for Service in.a.tirnely. manner, and demonstrate . knowledge of the phone system being used, including proficiency in the use of TDD. c) Accurately enter the required Customer trip information to efficiently and effectively reserve trips. d) At the conclusion of the reservation process, verify reservation accuracy by repeating the following information back to the Customer: scheduled trip date, origin address, Requested Pick-up Time, Scheduled Pick-up Time and Service Window, the drop off address, appointment time (if applicable), Companion request, PCA request, mobility aids, and booking ID (confirmation number). e) Maintain a courteous and polite attitude in all dealings with the public and receive training to ensure customer orientation service including the ability to handle disgruntled Customers. f) Use the most efficient method available to process reservation requests. 3.2.18 Schedules • The selected Proposer shall develop vehicle schedules based on reservations, ensure on -time performance, and accurate travel time. The selected Proposer shall use the most efficient method for scheduling, which may include on-line, hatching, or a combination of both as approved by the City and facilitated by the Proposer's Computer System. The selected Proposer shall not change the Scheduled Pick-up Time once agreed upon with the Customer, and shall perfonn the trip within the Service Window. The selected Proposer shall design routes that are direct, provide efficient aiid' costeffectual'service to• the ;City of Miami. Circuitous routing is not permitted. The selected Proposer shall monitor the daily schedules to ensure adherence, take innnediate action to correct any Service delays in the schedule as they occur, and ensure that Chauffeurs are reporting pick-up and drop-off times; as established by the City. The selected Proposer shall reconcile and verify monthly Page 36 of 52 Request for Proposals (RFP) 274276,1 scheduled service versus actual service provided and make any authorized adjustments or request modification to scheduling parameters to ensure that future schedules can be performed on time and -within the standards established in Section 3.2.19, Perforniance Standards. In the event that a Customer is determined by the City not to be at fault for a No -Show, the selected Proposer shall provide the Customer Immediate Response Service from the time the selected Proposer is notified. For Immediate Response Service, the selected Proposer shall ensure prompt notification to the Chauffeur. The selected Proposer may authorize Will -Call to improve customer service and ensure transportation reliability for specific cases pre -approved by the City. 3.2.19 Performance Standards The selected Proposer shall provide Service in a manner which complies with ADA, Federal, State, or Local regulatory requirements, meet the minimum performance standards prescribed by the City herein, and maximize operational productivity and efficiency wherever possible. The selected Proposer shall employ a means of detecting and correcting its deficiencies that contribute to failure to achieve the performance standards prior to the deficiencies reaching a level unacceptable by the City. Deficiencies may include, but are not limited to, performance that does not satisfy the minimum requirements listed in the Performance Standards Table below. Should deficiencies persist or become unacceptable, the City may take whatever actions are available under the resultant contract, including the assessment of liquidated damages. The City will perform service audits, including random phone audits of completed trips with Clients to verify trips taken, as deemed necessary and use all available information, not limited to Trip Center data, Driver's Manifests, reports to measure the performance level for the entire Program and to determine if the selected Proposer meets the performance requirements. In the event that the required minimum Performance Standards established below or elsewhere in the resultant contract are not met by the selected Proposer for two (2) consecutive quarters without noticeable service' improvements, the City may request the removal of any personnel or subcontractor determined to be at fault, or find the selected Proposer in default of the resultant contract. Such decision shall be at the sole discretion of the City. Performance Standards: Requirement: Missed Trips Trip denials measured per report of an occurrence. 0 Customer Complaint Ratio • Customer Complaint ratio measured • monthly as a percent of total trips performed. Maximum 0.5% System Safety Measure of preventable vehicle accidents, as defined by the National. Safety Council, per 100,000 revenue miles. Maximum 3 The City and the selected Proposer may annually review Section 3.2.19, Performance Standards for adjustments. The City will make the final decision regarding any adjustments. 3.2.20 Liquidated Damages Where the selected Proposer fails to perform in accordance with the established Required Minimum Performance Standards in Section 3.2.19 of this RFP, the City will assess liquidated damages as prescribed in this Section. The City has the sole discretion to modify this Section. 3.2.21 Liquidated Damages a) Missed Trips: The selected Proposer will be assessed liquidated damages in the amount of S25.00 for any occurrence of a Trip Denial. The selected Proposer will be:assessed liquidated damages in --the amount - - of S50.00 for any occurrence of a Missed trip. b) •• Excessive Travel Tirile::The"selected Proposer will be assessed liquidated damages in the amoi.rnt of -3 S10.00 per trip for Excessive Travel Time. c) • Customer-Coiriplairit Ratio: The selected Proposer will be assessed liquidated damages in the amount Page 37 of 52 Request for Proposals (RFP) 274276,1 of S 100.00 for each month where the Customer Complaint Ratio is greater than 0.5% of total trips provided. d) System Safety: The selected Proposer will be assessed liquidated damages in the amount of S500.00 for each month where the number of preventable vehicle accidents, as defined by the National Safety Council, is greater than three (3) per 100,000 revenue miles. e) Scheduled Pick-up Time: The selected Proposer will be assessed liquidated damages in the amount of S10.00 for each occurrence where the Scheduled Pick-up Time given to the Customer is changed after the reservation has been accepted by the Customer. f) Invoicing: In the event a paper Driver's Manifest is used for a trip, per Section 3.2.27, Driver's Manifest, the selected Proposer will be assessed liquidated damages in the amount of the trip rate if information required under List A of Section 3.2.27, Driver's Manifest, is not properly documented on a Driver's Manifest or S 10.00 per trip, if information required under List B of Section 3.2.27, Driver's Manifest, is not properly documented on the Driver's Manifests. The selected Proposer will be assessed liquidated damages in the amount of S100.00 per one-way trip documented on the Driver's Manifest, provided to the City for payment and subsequently proven to be invalid orthe trip did not occur. In addition, the City will request immediate removal of the offending Chauffer, and/or, if utilized, may request the inunediate removal of the offending subcontractor from Services under the resultant contract. Within two weeks of notice by the City to the selected Proposer of an invalid Driver's Manifest, the selected Proposer shall submit to the City a correction plan of the selected Proposer's steps to prevent repeated offenses. The correction plan shall be implemented by the selected Proposer as stipulated by the City. Said liquidated damage will be in addition to the City not being charged for such trip. g) Reporting: The selected Proposer will be assessed liquidated damages for failure to submit on a timely basis the following reports required in the corresponding sections. The liquidated damages will also be assessed if documentation is subrnitted with missing infonnation until the proper documentation is submitted. 1) Formal Complaint Responses: The selected Proposer will be assessed liquidated damages in the amount of S5.00 per day, when a response to a Formal Complaint is not subrnitted as required in Section 3.2.14, Program Feedback and Response. 2) Vehicle Documentation: The selected Proposer will be assessed liquidated damages in the amount of S25.00 per day, when documentation is not submitted as required in Section 3.2.22(c), Vehicle Inspections and Documentation Requirement. 3) Chauffeur Personnel: The selected Proposer will be assessed liquidateddamages in the amount of S25.00 per day, when documentation is not submitted as required in Section 3.2.22(f), Chauffeur Standards or 3.2.28(a), Chauffeur Documentation. 4) Cancellation and No -Show Report: The selected Proposer will be assessed liquidated damages in the amount of 525.00 per day, when a report is not submitted as required in Section 3.2.28(c), Cancellation and No -Show Report. 5) Performance Target and Action Plan Report: The selected Proposer will be assessed liquidated damages in the amount of S25.00 per day, when a report is not submitted as required in Section 3.228(d), Performance Target and Action Plan Report. 6) Drug and Alcohol Reporting: The selected Proposer will be assessed liquidated damages in the amount of S25.00 per day, when a report is not submitted as required in Section 3.2.28(e), Drug and Alcohol Reporting. 7) Accidents and Incidents: The selected Proposer will be assessed liquidated damages in the amount of S25.00 per day, when an accident or incident report is not subrnitted as required in Section 3.2.33, Accidents and Incidents. 8) Annual Audit Report: The selected Proposer will be assessed liquidated damages in the amount of S25.00per day, when the annual audit report is not submitted as required in Section 32.34, Annual Audit Report. 9) For any other repo/t(s) or plan(s) that are required in accordance with the resultant contract t or requested by the City in conjunction with the resultant contract, the selected Proposer will be assessed Page 38 of 52 Request for Proposals (RFP) 274276,1 liquidated damages in the amount of.S5.00 per day, when the report or plan is not submitted as stipulated. h) Air Conditioning: The selecteclProposer will be assessed liquidated damages in the amount of S5.00 per trip of a vehicle with a non-functioning air conditioner including if the Chauffeur fails to turn the air conditioner on, as determined by a City audit or valid Customer Complaint. i) Cell -Phones: The selected Proposer will be assessed liquidated damages in the amount of S5.00 per Chauffeur use of a cell phone without the use of a hands free device, as determined by a City audit or valid Customer Complaint. j) Unauthorized Chauffeur or Vehicle: The selected Proposer will be assessed liquidated damages in the amount of the trip rate per trip performed by an unauthorized vehicle or Chauffeur. Said liquidated damage will be in addition to the City not being charged for such trip. k) Improper Wheelchair Tie -Down: The selected Proposer will be assessed liquidated damages in the amount of S25.00 per occurrence of the Driver failing to secure the wheelchair in accordance with ADA regulations, as determined by a City audit or valid Customer Complaint. 1) Periodic Review: The City and the selected Proposer may annually review Section 3.2.21, Liquidated Damages for adjustments. The City will make the final decision regarding any adjustments. in) Assessment of Liquidated Damages: Customers authorized for On -demand transportation service are reliant on the service for daily and critical activity. A failure on the part of the selected Proposer results in serious disruptions to lives and livelihood. The sum of individual liquidated damages assessed by the City against the selected Proposer will be deducted from payments due to the selected Proposer for service rendered to City. The City will notify the selected Proposer of liquidated damages intended to be assessed. Should the selected Proposer wish to appeal any liquidated damages, the selected Proposer shall submit a request to appeal specific liquidated damages to the City within fourteen (14) business days after notification of the City's intent to assess liquidated damages is issued to the selected Proposer. n) Force Majeure The selected Proposer will not be in default or penalized because of any failure to perform the resultant contract if the failure arises from causes beyond the control and without the fault or negligence of the selected Proposer. Examples of these causes are (1) acts of nature; (2) acts of law enforcement such as public road closures or restrictions; and (3) acts of war, civil disobedience or terrorism. Traffic congestion .. and/or.rain are not considered an excusable delay unless major arteries are closed, or limited, thereby significantly affecting the normal flow of traffic. The force majeure provisions will not apply and the,selected Proposer may be deemed in default if: 1) The selected Proposer services were obtainable from another service provider; or 2) The City ordered the selected Proposer, in writing, to purchase these services from another source and the selected Proposer failed to comply reasonably with this order. The City will ascertain the facts and extent of the selected Proposer's failure to perfou n. If the City determines that any failure to perform resulted, from one or both of the causes above, the City may assess liquidated damages or terminate the resultant contract for default as a result of such failure to perform. 3.2.22 Transportation (Vehicle and Chauffeur) Standards a) Display of Decals on Vehicles: The selected Proposer shall ensure all On -Demand Transportation Service permitted vehicles used in providing Services under the resultant contract display on the exterior side doors of the vehicle a 12" X 18" decal as provided by the City. b) Vehicle Standards: The selected Proposer shall ensure that vehicles used in the provision of services under the resultant contract comply with or exceed the manufacturer's safety and mechanical standards for the particular vehicle and. The selected Proposer shall ensure that vehicles used in the provision of Services under the -resultant contract shall not exceed ten (10) model years during the contract period..The use of 4-door sedanare not. eligible for this service. In order to increase Multi -Loading efficiency, theCity prefers the use ofinc eased capacity vehicles; such as vans (15 passengers) and small buses (capacity of up to 29 passengers). All selected Proposer's vehicles, including the selected Proposer's Backup vehicles, used in providing services under the resultant contract shall: Page 39 of 52 Request for Proposals (RFP) 274276,1 1) Have a rear-view mirror and side -view mirrors mounted on both sides of the vehicle. 2) Have a functioning interior light within the Customer(s) compartment. 3) Have functioning window and door mechanisms which ensure that all access doors and windows are capable of being opened from the inside and outside and remain closed and secure during travel. 4) Have a functioning speedometer indicating speed in miles per hour and a functioning odometer correctly indicating distance in tenths of a mile. 5) Be equipped with operational heater ventilation/air conditioning systems. If the system of a vehicle becomes inoperable during service provision, the vehicle shall be removed from Service as quickly as practical but no later than the end of the pre -assigned nm on the day the system becomes inoperable. 6) Have exterior free of grime, oil, or other substances and free from cracks, breaks, dents, and damaged paint that noticeably detracts from the overall appearance of the vehicle. 7) Be equipped with hubcaps, wheel covers, or wheels designed not to require caps/covers. 8) Have all body molding in place, or if removed, holes shall be filled and painted. 9) Have passenger compartment that shall be clean and without torn upholstery or floor coverings, damaged or broken seats, protruding sharp edges, vermin, or insects. The floor shall be kept free of unsecured objects at all times. 10) Have unobstructed vision on all sides. 11) Be equipped with an operable two-way mobile radio or any other two-way communication system which affords contact with the vehicle during all hours of operation. Beepers are not an acceptable substitute. If portable radio/cell phone communication systems are used, Chauffeurs shall use "hands -free" radio accessories. 12) Meet all safety and mechanical standards established by City Codes, State of Florida Statutes and Federal regulations, if any and have passed all required inspections. 13) Not have leaks of any kind, including fumes. 14) Be equipped with a functioning horn. 15) Have an operable seat belt for each passenger seat (based on capacity of the vehicle) and driver seat. . .16) Have fully charged; certified and non -expired fire extinguishers per applicable code. 17) Vehicles which provide non -emergency wheelchair.services shall secure each wheelchair using a four -point tie down strap and shall secure each wheelchair -bound customer using a lap belt and shoulder harness. While in service, each lift/ramp-equipped vehicle shall maintain on -board a sufficient number of chair and customer tie -downs to meet the vehicle's maximum wheelchair passenger capacity. Tie down straps shall be clean and well maintained. 18) Have a manual backup to its lift'system as required by ADA. The lift shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant, and raising and stowing the empty lift if the power to the lift fails. 19) Total fleet makeup minimum requirements: 35% wheelchair accessible 50% ambulatory 15% at the discretion of Contractor based on data. c) Vehicle Inspections and Documentation Requirements: The selected Proposer shall maintain an accuratelist of all vehicles providing Services under the resultant contract, including but not limited to, specific type of vehicle,City'operating permit numbersyand vehicle '"`identification numbers•(VIN): All vehicles shall be made available for inspection during normal business hours by the City; at its discretion: The City further reserves the. right to order the immediate,removal from' Service any vehicle of the selected Proposer not in compliance with any,standards referenced herein or required by any other local, State or Federal laws • Page 40 of 52 Request for Proposals (RFP) 274276,1 d) Personal Care Attendants (PCA), Companion, Guide Dogs, and Service Animals Only one PCA is allowed per Customer. The selected Proposer shall not bill the City for trips taken by PCAs and the selected Proposer,will not be paid for PCAs.One Companion may travel with a Customer, in addition to the PCA, provided that the Companion and Customer are picked up and dropped off at the same address. Companions shall ride on the basis of available space and the City will pay for the Trip. A guide dog or service animal shall be considered a passenger for vehicle capacity detennination purposes. No fare shall be collected for a guide dog or service animal. The selected Proposer shall transport in a vehicle no more than one (I) Customer with a guide dog or service animal for a trip. The Customer may request to bring an additional guide dog or service animal. A Companion and PCA shall also be allowed to accompany each Customer with a guide dog or service animal. Although a seat -space shall be maintained for each service animal,.service animals are required to sit on the floor, but not under the feet of a Customer. e) Use of Vehicles When a vehicle is being used in providing Services, the selected Proposer shall ensure that it transports only eligible Customers in that vehicle. f) Chauffeur Standards Prior to placing a Chauffeur in Service, the selected Proposer shall conduct a thorough driver's license check for a minimum of five (5) years in the past to ensure that all newly hired Chauffeurs providing Services under the resultant contract will have no history of DUI, DWI, reckless driving convictions, leaving the scene of an accidents, or any other serious offenses. The selected Proposer shall ensure that all newly hired Chauffeurs providing Services under the resultant contract shall have no more than three (3) moving violation points on their State drivers and/or chauffeurs license within the last three (3) years. Prior to placing a Chauffeur in Service, the selected Proposer shall obtain a nationwide criminal background check by fingerprint through the National Crime Information Center (NCIC). This shall include, as a minimum, any history of convictions for crimes against children or vulnerable adults in any state to ensure that all newly hired Chauffeurs providing services under the resultant contract will have no history of such offenses. Records of criminal background checks shall be kept on file by the selected Proposer and made available to the City upon request. If the selected Proposer becomes aware of any Chauffeur not in compliance with the requirements stated herein, the selected Proposer shall immediately remove the Chauffeur from Service. The Chauffeur is required at all times to prominently display his or her Miami -Dade County Chauffeur's Registration in clear view of the Customer, when providing transportation services. Chauffeurs shall notify the selected Proposer immediately of any citation, arrest, or suspension or revocation of driver's license or Miami -Dade Chauffeut's Registration: The selected Proposer shall notify the City of any Chauffeur who has his/her Driver's License or Miami -Dade Chauffeur's Registration suspended or revoked by close of business the neat business day after such notification by the Chauffeur. The selected Proposer shall also irnrnediately notify the City of all Chauffeur resignations or terminations. Prior to placing a Driver in Service, the selected Proposer shall ensure the Driver has a current/active Miami -Dade Chauffeur's Registration. g) Chauffeur Duties: The selected Proposer shall ensure that Chauffeurs used to provide Service under the resultant contract: 1) Have and maintain the driving record standards from start of services. 2) Perform their duties with due regard for the safety, comfort, and convenience of Customers and their property. 3) Prior to daily Service start, ensure that wheelchair Service vehicles have a sufficient number of passenger securement devices, a sufficient number of wheelchair tie -down straps and securement devices to secure wheelchairs in accordance with ADA regulations, and that all securement devices are functioning properly. Wheelchair passengers shall be secured in either a forward or rearward facing position using a four -point tie down for the wheelchair and a lap belt and shoulder harness for the wheelchair passenger. The ADA prohibits the Chauffeur from securing wheelchair passengers in a sideways facing orientation. Tie=down straps -and lap and shoulder belts shall be maintained in good condition, kept clean (so as-notto- 'soil the customer's -clothes) and properly stored in an off -the -floor rabk; cabinet br pouch when not' in use.' Straps and tie -downs shall not be left on the vehicle floor as they damage the passenger's wheelchair wheels. Page 41 of 52 Request for Propbsals (RFP) 274276,1 4) Comply with all applicable Federal, State, County and City laws, regulations and licensing requirements, including drug testing. 5) Maintain a current valid Miami -Dade County Chauffeur Registration and State of Florida Driver's License; and completes all training requirements herein. 6) Notify the selected Proposer, upon receipt of a citation, arrest, and/or suspension, revocation, or cancellation of license. This notification shall be immediate if operating a vehicle at the time of such loss of privilege or prior to operating a vehicle. 7) Provide door-to-door service. This is defined as getting out of the vehicle and opening and closing the vehicle door when Customers enter or exit the vehicle. Provide assistance to or from the main accessible entrance at the pick-up location to the vehicle and from the vehicle to the main accessible door at the place of destination including locking and/or unlocking outside door. This does not include bodily lifting of any Customer. 8) Appropriately announce their presence at the specified entrance (indicated on the Driver's Manifest) of the building of trip origin in an attempt to locate the Customer, if the Customer does not appear for pick-up at the scheduled time. Sounding horn does not constitute an appropriate announcement and is prohibited. 9) Contact the dispatcher before leaving a designated location without picking up the Customer, when encountering problems such as Customer not being ready, Customer not waiting at the designated pick-up location, incorrect addresses, or addresses which are inaccessible to wheelchairs. If the Chauffeurarrives at the pick-up location on time or within the Service Window, and the Customer is not there, the Chauffeur shall immediately contact the dispatcher to advise of the situation. The dispatcher shall contact the selected Proposer and obtain authorization from the selected Proposer for the Chauffeur to leave. The selected Proposer shall attempt to locate the Customer. If the selected Proposer cannot locate the Customer or the Customer does not respond within five (5) minutes after the Chauffeur's arrival time, the selected Proposer shall advise the dispatcher to instruct the Chauffeur to leave without the Customer. It is at this point, that the Customer is declared a No -Show. When the Driver arrives outside of the Service Window, the same process for notification and authorization described herein shall apply. In no event, shall a Customer be designated as a No -Show if the Chauffeur fails to arrive within the Service Window or fails to comply with the notification and authorization requirements within this paragraph. 10) Ensure the Chauffeur does not transport a Customer prior to the Scheduled Pick-up Time, as defined by the Service Window, unless the Customer has given the consent to leave early. Chauffeur's arriving before. the, Scheduled Pick-up Time, shall wait five (5) minutes past the Scheduled Pick-up Time before requesting authorization to leave without the Customer. The selected Proposer shall not cancel Customer trips in advance of the trip when the Customer is not reachable by phone. 11) Ca11 dispatcher or designee as required by the selected Proposer or City to provide a status update when he or she is not running on schedule, is late 30 minutes after Service Window, and when an unexpected event, accident, or incident occurs. 12) Wear clothing which is clean, neat, and professional in appearance and wear shirts with collars and a logo identifying them as a representative of the selected Proposer or subcontractor, if utilized. 13) Ensure that there is no smoking and alcoholic beverage consumption in vehicles by the Customers or Chauffeurs. h) Chauffeur Conduct: The following acts are not permissible by Chauffeurs when providing Services for the resultant contract or while on City premises: 1) Use liquors, narcotics or controlled substance of any kind (excluding doctors' prescriptions which do not impair Chauffeur's driving ability) while on duty or not report to duty under the influence of such products. -2) 'Smoking and other uses of tobacco while on duty except..in_places.or. at times.designated for.that . -i•purpose. Smoking is never permitted in service dedicated vehicle even when Customers are not being transported. 3) Carrying of pistols, firearms, or concealed weapons. Page 42 of 52 Request for Proposals (RFP) 274276,1 4) Resorting to abuse or physical violence to settle a dispute with a fellow employee, Customer or the general public while on duty. In self-defense, a Chauffeur may use no more force than is reasonably necessary. 5) Use of loud, threatening, indecent or profane language and/or making threatening or obscene gestures toward Customers or others. 6) The use of a personal cell phone when Riders are in the vehicle. i) Complaints against Chauffeurs, Dispatchers, or Personnel of the Selected Proposer Complaints against Chauffeurs, dispatchers or other selected Proposer's personnel will be taken by the City. The City may request removal of Chauffeurs, dispatchers, or other selected Proposer personnel from Services under the resultant contract in the event a personnel is determined by the City of not handling calls, reserving trips, providing Late Vehicle Assistance, or otherwise assisting Customers in an efficient, knowledgeable, and courteous manner based on the City's audit or five (5) valid Complaints from five (5) different Customers. In cases where the selected Proposer disputes the validity of a Complaint, the City will make the final determination. 3.2.23 Training The selected Proposer shall ensure standardized training of all personnel providing Services under the resultant contract, using the Project Action ADA Training Program, prepared by the American Bus Association. The selected Proposer shall ensure that Chauffeurs who are involved in two (2) accidents in a 12-month period, and will continue to provide services, attend a refresher Defensive Driving Training. The City reserves the right to require additional training of any or all of the selected Proposer's personnel, including Chauffeurs and dispatchers, as deemed necessary by the City. The selected Proposer shall, at a minimum, include the following trainings in its training program and shall ensure that the trainings are completed by all personnel prior to start of service provided, with the exception of Defensive Driving Training which only Chauffeurs are required to complete. Any Chauffeur found not in conformity with the training requirements may be deemed unauthorized to perform trip. Said Chauffeur may be removed from providing Service under the resultant contract until subsequently trained. a) Defensive Driving Training: As offered by the Miami Dade County Safety Council or the National Safety Council. Defensive Driver Training shall include, but not be limited to the following: 1) Techniques of steering, acceleration, and braking. 2) Time and distance braking and intersection stopping test. 3) Right/left hand turns, changing lanes, and passing. 4) Intersections, backing, parking, adverse weather conditions, and expressway driving. b) Understanding the Americans with Disabilities Act of 1990; Training shall include, but not be limited to the following: 1) Basic explanation of general purpose and scope of legislation designed to eliminate discrimination against individuals with disabilities. 2) Basic explanation of ADA service requirements and Chauffeur responsibilities. c) Passenger Assistance Techniques (PAT) or Equivalent Training: To ensure sensitivity to and safe transport of persons with disabilities, training shall include, but not be limited to the following: 1) Basic professional courtesy, customer service, and the elimination of attitudinal barriers. 2) Passenger assistance techniques for Customers with: wheelchairs including four -point wheelchair tie down procedures, walkers, canes; crutches, speech impairments, vision impairments (including sighted guide techniques), hearing impairments, mental/cognitive impairments, Alzheimer's Disease, seizure disorders, and a basic explanation of dialysis treatment and its, effect on the ,Customer's stamina during transport. 3) Dealing with service animals and guide dogs. 4) - 'Prohibition against transport to any destination other than the address on the Driver's Manifest unless authorized by the selected Proposer or City. Page 43 of 52 Request for Proposals (RFP) 274276,1 5) Definition of PCA versus Companion(s) and impact on fare collection. 6) Sexual Harassment d) Program Policies and Procedures: To ensure full understanding of all Program policies and procedures, training shall include but not be limited to the following: Full coverage of the resultant contract definitions and general responsibilities of the selected Proposer and other pertinent sections including but not limited to Section 3.2.22, Transportation (Vehicle and Chauffeur) Standards; Section 3.2.23, Training; Section 3.2.28, Required Documentation; etc. Emphasize that Chauffeurs cannot require Customers to leave before theScheduled Pick-up Time and cannot enter classrooms, medical offices, etc. to try to convince Customers to leave early. 3.2.24 Marketing/ Customer Service and Information Each Program vehicle shall display a sign designed and provided by the Proposer that lists the Proposer's On -Demand Transportation Service telephone number, the CIP Customer Complaint Number, and the TDD phone number to be used by Customers who wish to report Complaints or conunendations. Chauffeurs will, when requested by the City, hand out notices to Customers. The selected Proposer shall provide at least one person available for presenting information to the public or City officials (public relations) upon request by the City. In the event the selected Proposer is contacted directly by non -City representatives with a request for On -demand transportation service statistics, plans, and/or information for publish in newspapers, magazines, or any other media form, including interviews, the selected Proposer shall channel all response/information through the City for prior approval before release. This requirement should not be considered a limitation to the requirements of Public Records Law under Florida Statues. The selected Proposer is prohibited from facilitating, distributing or advertising On -demand transportation service applications, taking any action designed to solicit new Customers, market service availability, offer free service and/or otherwise promote ridership unless a marketing campaign is authorized in writing by the City. 3.2.25 Telephone System Requirements • The selected Proposer shall obtain, provide, and maintain a telephone system that has a local telephone number (main number) to be used for all On -demand transportation Service Area calls from Customers for service requests regarding the service. At least one.(1) TTY/TDD telephone with an independent phone line shall be staffed and in working condition in accordance with the hours established per Section.3.2.11, Hours and Days of Service. The selected Proposer shall maintain adequate telephone lines, staff and supervision. In addition, the equipment shall be structured with sufficient capacity to preclude busy signals. Thirty (30) days prior to expiration or upon notice of termination of the resultant contract, the selected Proposer shall transfer ownership of the phone number(s) and TTY/TDD number for On -demand transportation service calls to the City. Any costs or fees related to the transfer of the phone number/phone service to the City shall be borne by the selected Proposer. 3.2.26 Facilities and Other Requirements The selected Proposer shall adequately provide the facility(ies) and furniture for the operation of Services specified under the resultant contract. The selected Proposer shall have sufficient backup power and utilities to maintain standalone operations for the service hours of the resultant contract in the event of power failure from a sustained emergency or temporary event. The selected Proposer shall ensure that any facility lease/rental agreement entered into for the purpose of establishing the Trip Center shall include language granting the City the right of first refusal, in general, the right to lease the facility before an offer is made available to others, with the same terms and conditions as existed between the space provider and the selected Proposer. 'The selected Proposer shall ensure that at least one (1) furnished office space will be.established within the Trip Center. The selected Proposer shall have the facility(ies) ready for operation within 30 days of award approval of the resultant contract. The City will inspect the selected Proposer's facilities subsequent to award approval of the resultant contract to ensure readiness as to its ability to provide Services. The City's determination Page 44 of 52 Request for Proposals (RFP) 274276,1 that the facility(ies) is ready for operation following a final inspection is a condition of issuance of the Notice to Proceed. If during the term of the resultant contract, the City. acquires facilities for the selected Proposer's operations, the selected Proposer shall be required to relocate to such facilities. Relocation costs will be negotiated between the City and selected Proposer prior to the move. The selected Proposer's Trip Center facility shall be located in the City. 3.2.27 Record Keeping and Data Collection The selected Proposer shall provide the City with the service operation data, reports and information described below. In addition, the selected Proposer shall assist the City with the collection of service information and conducting periodic surveys of Customers, as well as any other infonnation the City may find necessary. The selected Proposer shall submit to the City any reports relating to the resultant contract within twenty-four (24) hours of a written request from the City, unless otherwise specified. a) Required Records: The selected Proposer shall deliver to the City all records and accounts including property, personnel, and financial records to ensure proper accounting for all Project funds. All records regarding the resultant contract are considered public records under Florida Statute. The system of accounting for Project funds shall be in accordance with generally accepted accounting principles and practices, consistently applied, and in accordance with any applicable local, Federal, and State laws or regulations. b) Driver's Manifests Chauffeurs shall receive the daily trip infonnation electronically derived from the Proposer's Computer System, if applicable. The selected Proposer shall ensure Drivers have an adequate supply of Driver's Manifests available at the beginning of each shift. Data items which the selected Proposer shall retain on the Driver's Manifest include, but are not limited to: List A 1) Trip ID Number 2) Customer ID Number 3) Customer's Name 4) . Customer's Trip Origin (Address) 5) Customer'.s Trip Destination (Address) 6) Signature of Customer(s), acceptable altemate, or a designation of Unable -To -Sign (U.T.S.) only the eligible Rider may sign. When Client is unable to sign due to his or her disability, the Driver shall sign "U.T.S." in the signature line and accompany the Driver's Manifest with the appropriate form provided by the City. No third party may sign on behalf of the Client. 7) Transporting Chauffeur's printed name, signature and Chauffeur's Registration Number (also known as Hack License) 8) Transporting Vehicle Number List B I) Passenger Miles 2) Scheduled Pick-up Time 3) Actual Pick-up Time 4) Actual Drop-off Time 5) Companions and/or PCAs transported, as applicable 6) Trip Status 7) Actiial'vehicle odometer reading for each stop point (trip odometer may not be used). c) Customer File and Reservation Page 45 of 52 Request for Proposals (RFP) 274276,1 Any personal data such as address or telephone numbers which needs to be updated in the Customer file shall be immediately connnunicate.d to the City by the selected Proposer's personnel as necessary to reflect current infonnation. The selected.Proposer_sha11 not change Customer eligibility or Customer file data. Reservations data entered by the selected Proposer into the Proposer's Computer System shall include, but • is not limited to, Requested Pick-up Time, Negotiated Pick-up Time, Scheduled Pick-up Time, requested drop off time (if applicable), date of request, Companion, PCA, service animal, mobility aides, trip type, special needs, special instructions, and person placing the request (if other than eligible Customer). The selected Proposer shall have a documented manual method for accepting and processing reservations available in the event of a Computer System failure. Written procedures detailing the manual method and sample data,logs, in -take forms, and any other utilized documents shall be made available to the City from the selected Proposer. The data and logs completed from a manual intake occurrence shall be maintained and shall be made available to the City upon request. Any manual intake shall be entered into the Computer System by the selected Proposer as soon as it becomes available. The selected Proposer shall maintain the eligible Customer's subscription records with up-to-date information. The selected Proposer shall review and confirm the accuracy of subscription trips as entered into the Computer System on an as needed basis, but at a minimum of monthly, and as required by the City. The selected Proposer shall review the accuracy of trip history data entered into the Computer System prior to submitting an invoice to the City and at any other time as required by the City. The selected Proposer shall provide other data or analysis as needed upon written request of the City. 3.2.28 Required Documentation a) Chauffeur Documentation The selected Proposer shall provide an accurate list of all Program Chauffeurs with the type of vehicle each is trained to operate and a copy of each Chauffeur's Florida Driver's License and County Chauffeur's Registration. Any changes to the list of Chauffeurs shall be provided to the City. b) Proof of Training The selected Proposer shall supply the City with proof that all personnel to provide Services under the resultant contract have received all required training prior to the personnel providing Service. c) Cancellation and No -Show Report Customer No -Shows and Cancellations including the actual time of the occurrence or notification shall be accurately recorded and reported to the City at no less than weekly intervals, as determined by the City. Cancellations made less than one (1) hour before the Scheduled Pick-up Time is considered a Late Cancellation. d) Performance Target and Action Plan Report Performance Standards as established in Section 3.2.19 shall be reviewed and reported by the selected Proposer on a quarterly basis. The report shall include a specific plan of corrective action for each indicator that falls below the Minimum Required Perfonnance Standard. e) Drug and Alcohol Reporting The selected Proposer shall provide the City annual management reports surnrnarizing test results. f) Proof of Trip Completion: The selected Proposer shall provide the City with monthly reports summarizing the number of completed trips. The report shall include the number of boardings per vehicle, point of origin, and destination. 3.2.29 Manuals and Plans a) Trips Not Provided The selected Proposer shall ensure that trips which are not provided for any reason, such as No -Shows or Missed Trips, are not invoiced or paid for by the City or Agency. The selected Proposer shall ensure Drivers report items left by Customers' to the selected Proposer. The selected Proposer shall log, be responsible for securing the item, and attempt to locate the Customer. Once located, the selected Proposer shall arrange to have the item returned to the Customer on the Customer's next service day. If•the Customer does not have a scheduled ride within the next seven days, the selected Proposer shall arrange to have the item returned to the Customer within seven days of the Customer being located. The selected Proposer shall return medicines, and any other specified item directed in writing by Page 46 of 52 Request for Proposals (RFP) 274276,1 the City, to the Customer within 48 hours of the Customer being located. If the selected Proposer cannot locate the Customer, the selected Proposer shall store the item for at least 30 days. In the event the Customer is not located in 30 days,.the item shall become property of the selected Proposer. The City will not reimburse for the trips performed by the selected Proposer for returning lost articles to Customers, except as directed by the City in writing. 3.2.30 Changes The City may, at any time during the progress of work, increase or decrease the quantities of work to be performed under the resultant contract and make alterations in the details of the work within the general scope of the Services. Such increase, decrease or alteration shall not invalidate the resultant contract and the selected Proposer shall accept the Work as altered, the same as if it had been a part of the original resultant contract. Such changes and alterations will be authorized in writing by the City. Payment of increased and decreased quantities of Work will be made in accordance with the established pricing. 3.2.31 Emergency Operation including Hurricanes and Civil Unrest In the event of any natural disaster, such as hurricanes, floods, acts of terrorism, or other acts of nature or civil disturbances, the City will notify the selected Proposer if and when to suspend scheduled Service for the duration of such emergency. The City and the selected Proposer shall promptly agree upon the actions to be taken so as to minimize Customer inconvenience and costs of such disruption to the City. Service will be restored as directed by the City. The selected Proposer shall make available to the City all vehicles, Chauffeurs and supervisory resources for emergency evacuation purposes per notification by the City. The selected Proposer shall structure work rules in order to ensure that employees report to work, or in the event that they are already at work,. continue to perfonn their duties for emergency related operations as directed by the City. The payment terns to compensate to the selected Proposer for expenses incurred during the emergency, in excess of the normal expense of operating, may be negotiated between the City and the selected Proposer. 3.2.32 Emergency Calls The selected Proposer shall ensure that all in-service emergency calls are referred to the police, "911" or an ambulance, as necessary. 3.2.33 Accidents and Incidents In addition to emergency and police notifications, the selected Proposer shall ensure that all accidents and incidents are promptly reported to the City and subsequently that adequate and appropriate documentation of investigation, using National Safety Council definitions, be furnished to the City within three (3) calendar days.. Accidents and incidents shall include any unusual or extraordinary event that causes disruption of Services which occurs while a vehicle/Chauffeur is in Service that may or may not include intervention of the City, the selected Proposer, and/or other governmental agencies, Fire Rescue, and Police. Initial notification of accidents or incidents shall be reported on a form approved by the City within twenty-four (24) hours of occurrence. Any accident involving major damage, serious personal injury, or loss of life shall be reported to the City within one (1.) hour of occurrence. Records shall be kept for five (5) years for each accident a vehicle is involved in, including the repair work required to return the vehicle to Service. 3.2.34 Annual Audit Report Within ninety (90) days from a one-year period from the commencement of Services date for this Contract and, if applicable, each one-year period thereafter, and within thirty (30) days following termination of the resultant contract, the selected Proposer shall provide to the City an audited report of all revenues earned from the City and all payments made by the selected Proposer to each subcontractor under the resultant contract for the previous year, containing an opinion, prepared and attested to by an independent certified public accounting firm licensed in the State of Florida. The audited report shall include a schedule of monthly ambulatory trips and non -ambulatory trips, amount of payment per trip received from the City, number of Customers carried, and any other such data as the City may require. The report shall also cover any compensation received by the selected Proposer in the event that the selected Proposer is authorized by the City to be compensated for certain work related expenditures outside trip payments. Page 47 of 52 Request for Proposals (RFP) 274276,1 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 may be deemed non -responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Proposers shall submit one (1) original and six (6) copies of the proposal. Electronic submittals shall not be accepted. Failure to do so may deem your Proposal non -responsive. Instructions to Proposers The purpose of this RFP is -to hire a qualified and experienced proposer licensed in the State of Florida which may be a firm; corporation, joint venture, partnership or other legal entity, for the provision of On -Demand Transportation Services to the City of Miami. Therefore, only fully capable, experienced, and qualified Proposers should submit Proposals in response to this RFP. All Sub-Consultants/Contractors, as part of Proposer's Proposal, must stand on their own merits and will be evaluated accordingly. In addition, any firm(s) involved in a joint venture in its Proposal will be evaluated individually, as each firm of the joint venture shall also have to stand on its own merits. Information provided by Proposer shall also be provided for each entity part of Proposer's Team. Throughout this RFP, the phrases "must" and "shall" will denote mandatory requirements. Any Proposer's response not meeting the mandatory requirements shall be subject to immediate disqualification. PROPOSAL FORMAT 1. Cover Page: The Cover Page shall include the Proposer's name, the Contact Person for the RFP, the Firm's Liaison for the Contract, the Primary Office Location, the Local Business Address (if applicable), the Business Phone and Fax Numbers, Email Addresses (if applicable), the Title of the RFP, the RFP Number, and the Federal Employer Identification Number or Social Security Number. 2. Table of Contents: The table of contents shall 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, Shall be clearly and consecutively numbered and shall correspond with the table of contents. 3. Executive Summary: A signed and dated summary of not more than two (2) pages shall be provided 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, contact person and a summary of the work to be performed. 4. Experience and Key Personnel A. Provide the number of years that the Proposer has been in existence; describe the services the Proposer specialize in, and the primary markets served. Proposer must be an established firm for a minimum of three (3) consecutive years and/or its owner(s) and/or principal(s), must have a minimum of three (3) years related experience. B. Provide detailed descriptions of at least one (1) transportation/paratransit service contract(s) which the Proposer has either ongoing or completed within the past six (6) years that best demonstrate the Proposer's experience with services similar in scope to those requested herein. Where possible, list and describe those projects performed for government clients or similar size private entities. 1) The description should, at a minimum, identify for_each contract: a) Client; b) Contract number and/or title; c) Total dollar value of the contract; d) Dates covering the tern of the contract; Page 48 of 52 Request for Proposals (RFP) 274276,1 e) Client contact person, title, and phone number; f) Statement of whether Proposer was the prime contractor or subcontractor; g) Description of work, and h) The results of the project such as trips provided and trip cost. 2) The description of work should include, at minimum, the Proposer's experience in: a) Identifying particular Federal, State and Local guidelines and complying with such guidelines; b) Fare collection, accounting, and auditing; and c) Call taking and reservation services. C. List all contracts which the Proposer and subcontractors have performed for Miami -Dade County and the City of Miami within the past six (6) years. As such the Proposer must list and describe all work performed for Miami -Dade County and the City of Miami and include for each project: 1) Name of the County or City Department which administers or administered the contract; 2) Description of work; 3) Total dollar value of the contract; 4) Dates covering the term of the contract; 5) County or City contact person and phone number; 6) Statement of whether Proposer was the prime contractor or subcontractor, and 7) The results of the project. D. Provide an organization chart showing all key personnel that will be assigned to this project. Key personnel refer to all managers, supervisors, trainers, technical users, legal, and other professional staff, including those of subcontractors. This chart should clearly identify: I) The title of each key personnel, 2) Distinguish the Proposer's employees and the Subcontractor's employees; 3) Describe the functions to be perfomaed by each key personnel, 4) Identify the Proposer's Project Manager, and 5) List of Board of Directors, if applicable. E. Provide resumes describing the relevant experience on previous similar projects, qualifications, and. other vital information of all key personnel who will be assigned to this project. Note:.After proposal submission,. but prior to the award. of any contract issued as a result of this Solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the key personnel identified in its proposal. 5. Financial Capability A. Provide evidence to demonstrate that the Proposer has the necessary financial resources to perform the services in a satisfactory manner. Evidence of financial capability may be established by the Proposer's most recent certified business financial statements and proof of available funds through bank credits as of a date not earlier than the end of the Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an . explanation for a material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. B. Describe how the Proposer plans to use its financial resources to perform the services for the contract tern. The description should include, but not be limited to, the Proposer's allotment for startup capital, payroll, and fleet operations. C. Describe Proposer's approach in securing additional funds from public and private grants or other funding sources including potential awards and pledges. 6. Equipment and Facility "'A. •'The=Cityprefers and encourages the selected Proposer to utilize`fuel efficient Vehicles -to -provide Services. Describe the Proposer's existing vehicle fleet.to.be provided for. this project and its plans to utilize fuel efficient vehicles. Identify vehicles owned and/or operated by the Proposer and/or subcontractor(s) and, at a minimum, the year, make, model, and quantity of each vehicle to include spares. Also describe the Proposer's plan for future purchases to replace aging fleet used to service Customers. Page 49 of 52 Request for Proposals (RFP) 274276,1 B. Describe the Proposer's planned equipment, excluding vehicles detailing quantity, make, model, product information, and performance specification. Where applicable provide details on equipment . installation and maintenance plans. The equipment described should include, but not be limited to: 1) Telephone systems; 2) Office computers, and 3) Any other software that will be used by the Proposer to provide accurate, real-time and historical data/reporting to the City. C. Describe the Proposer's facilities, such as office space, vehicle base(s), and Trip Center that the Proposer will operate. 7. Service Plan and Capability A. If applicable, provide the Proposer's detailed plan for transition and service start-up from the present Contractor identifying timelines and duration for specific key tasks. This plan should include, but not be limited to: 1) Specific details if the Proposer plans to provide parallel reservation, scheduling, and/or dispatch operations with the present Contractor; 2) A description of how the transition, if applicable, will impact existing reservations, scheduling, and transportation functions; 3) The Proposer's detailed plan and capacity to have at least 98% of its vehicles ready and fully at least 30 days prior to start of services; and 4) The Proposer's detailed plan and capability to effectively screen customers for eligibility for the City's On -Demand service as described in the Scope of Work, Section 3.2. B. Describe, at minimum, the Proposer's detailed plan and procedures to: 1) Comply with all On -Demand Transportation Service Program requirements; 2) Achieve efficient vehicle scheduling for services throughout the Service Area; 3) Achieve or exceed the performance standards goals; 4) Ensure professionally effective and productive use and management of information technology hardware and software of the Proposer; 5) Ensure data accuracy; and 6) Provide an accurate trip reimbursement and billing method. C. Describe how the Proposer will handle communications with.multi-lingual. Customers, (such as Spanish and.French/Creole speaking) to provide service to such clients. D. Identify if Proposer has taken any exception to the terms of this Solicitation. If so, indicate what alternative is being offered and the cost implications of the exception(s). 8. Programs and Plans A. Describe the Proposer's training program for this project; include course names, course descriptions, length, and instruction methods. Detail the Proposer's training process, the frequency of follow-up training, additional training, rtraining plans, and any circumstances that would warrant re-training. The training program courses should include, but not limited to: 1) Defensive driving training; 2) Understanding the American with Disabilities Act as it relates to the project; 3) Passenger Assistance Techniques (PAT) or equivalent training, and 4) Expectations of driver conduct; B. Describe the Proposer's hiring/staffing program and the planned staffing level of drivers and personnel at the Trip Center. The hiring/staffing program should include, but not be limited to, the minimum qualifications necessary for all positions. 'C. 'Describe theProposer's safety program and any other methods to _be utilized -to promote safety awareness. D. Describe the Proposer's Substance Abuse Testing Program as it complies with the Omnibus Transportation Testing Act of 1991 and Department of Transportation (DOT) regulations, 49 C.F.R. parts 40 and 655 as referenced herein. 9. Fees for Services Page 50 of 52 Request for Proposals (RFP) 274276,1 Proposer shall submit flat rates for Ambulatory and Non -Ambulatory Trips..Rates should be identified for each year of operation starting with the initial year (year 1) and for each of the one (1) year optional annual renewal periods. The City will reimburse the Selected Proposer for the cost of each eligible Trip. The City is soliciting a Proposer that is able to provide an estimated 14,000 trip within the City's fiscal year, approximately fifty (50) trips per day. Significant extenuating circumstances may be considered by the City in determining whether any adjustment should be made to the proposed rates for future years. The fee proposal shall also provide a breakdown which differentiates operational and capital costs associated with the engagement and the total fee proposed for the year of the engagement. The City is seeking an operator ready to provide service within 30 days of award approval of the resultant contract; therefore City funds will not be available for the acquisition of vehicles for this service. Discuss any additional services and fees for the same which Proposer can provide and which are not specifically listed within this, RFP. FAILURE TO SUBMIT A FEE PROPOSAL AS REQUIRED AND IN THE FORMAT DESCRIBED ABOVE MAY DISQUALIFY PROPOSER FROM CONSIDERATION. Page 51 of 52 Request for Proposals (RFP) 274276,1 5. Evaluation Criteria 5.1."EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria and weight: Technical Criteria Points (a) Experience and Key Personnel 12 (b) Financial Capability 10 (c) Equipment and Facility l 6 (d) Service Plan and Capability 30 (e) Programs and Plans 12 (f) Fees for Services 20 100 Page 52 of 52