Res No 063-19-15335RESOLUTION NO.: 6 3 —19-15335
A Resolution authorizing the City Manager to negotiate and to enter into a multi -year
contract with Air B School Bus Transportation Inc. for transportation services on an as -
needed basis.
WHEREAS, through the City's Procurement Division, the Parks and Recreation Department
(the "Department") issued a Request for Proposal ("RFP") #PR2019-01 on Tuesday, January 29, 2019
for transportation services on an as -needed basis.
WHEREAS, the hourly rate provided is a fixed, all-inclusive rate for transportation services
which consists of driver(s), uniforms, equipment, tolls, fees, permits, fuel, clean-up service, and any
other element of cost associated with providing the requested transportation services; and
WHEREAS, the city received two (2) formal proposals in response to RFP #PR2019-01. Staff
recommends entering into a multi -year contract with Air B School Bus Transportation Inc. based
upon past related work experience, qualifications, fixed service rate, and compliance with the terms
of the RFP; and
WHEREAS, Air B School Bus Transportation Inc. will provide passenger school bus (up to 65
passengers) transportation services to the City on an as -needed basis in the amount of $53.00 per
hour, per bus; and
WHEREAS, the estimated budgeted value of these services over the five (5) year period is
approximately $62,000 in accordance with funds historically budgeted for such services. The total
contract amount for transportation services shall not exceed the budgeted amount; and
FY 2018-2019:
FY 2019-2020:
FY 2020-2021:
FY2021-2022 (OPTIONAL):
FY 2022-2023 (OPTIONAL):
$6,000 per contract term
$14,000 per contract term
$14,000 per contract term
$14,000 per contract term
$14,000 per contract term
WHEREAS, the term of this agreement shall be for a period of three (3) consecutive years,
commencing on the Respondents initial effective date. Prior to, or upon completion of, that initial
term, the City shall have the option -to -renew the contract for one (1) additional two (2) year period
for a maximum total of five (5) years. The Option -to -Renew is at the discretion of the City Manager
and shall commence on the calendar date of the month immediately subsequent to the notice of
award.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Page 1 of 2
F Jt
Resolution No. 63-19-15335 W A
Section 1: The City Manager is authorized to negotiate and to enter into a multi -year contract
with Air B School Bus Transportation Inc. for transportation services on an as -needed basis.
Section 2: The City Manager is authorized to expend funds in an amount not to exceed
budgeted funds per fiscal year for transportation services on an as needed basis.
FY 2018-2019:
FY 2019-2020:
FY 2020-2021:
FY2021-2022 (OPTIONAL):
FY 2022-2023 (OPTIONAL):
$6,000 per contract term
$14,000 per contract term
$14,000 per contract term
$14,000 per contract term
$14,000 per contract term
Section 3: The expenditures shall be charged to the appropriate cost center and classification.
For instance, transportation related to the City's tackle football program will be charged to account
number 001-2000-572-5630 (Football acct. classification) whereas transportation related to summer
camp field trips will be charged to account number 001-2020-572-5660 (Summer Camp acct.
classification) and so forth
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 4: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 7" day of May, 2019.
ATTEST:
CITY CLE K
READ AND APP 0f VED AS TO FORM
LANGUAGE. G LITYAND6/hOoff
ATTQRNEY
Page 2 of 2
APPROVED:
I I
•� / ;. _�
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Welsh:
Yea
Y" 3
:w A
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: May 7, 2019
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and to enter into a multi -year contract with Air B School
Bus Transportation Inc. for transportation services on an as -needed basis. 3/5 (City Manager -Parks &
Recreation)
Suggested Action:
Attachments:
Memo -Transportation Services.doc
Reso-Transportation_Services.docx
pre -bid sign in sheet.pdf
Bid Opening Report Transportaton Services 3.5.19.pdf
Air B School Bid City of Miami - RFP # PR2019-O.pdf
DEMAND STAR TRANSPORTATION SERVICES RFP 3.5.19.pdf
Advertisement. pdf
References - Air B transportation. pdf
Sun Biz Air B School Bus Transportation 4.22.19.pdf
Miami Herald Ad.pdf
MDBR Ad.pdf
1
.: Q
South(OMiami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: May 7, 2019
SUBJECT: A Resolution authorizing the City Manager to negotiate and to enter into a
multi -year contract with Air B School Bus Transportation Inc. for
transportation services on an as -needed basis.
BACKGROUND: Through the City's Procurement Division, the Parks and Recreation
Department (the "Department") issued a Request for Proposal ("RFP")
#PR2019-01 on Tuesday, January 29, 2019 for transportation services on an
as -needed basis. The purpose for this solicitation is to lock -in a competitive
rate as well as streamline the procurement/purchasing process for future
transportation services on behalf of the Department.
Presently, the Department utilizes transportation services (65 passenger
school bus) each year for special activities (i.e. Marlins Baseball, F!U Football
Games, Senior Field Trips), special events (i.e. Elves Parade), seasonal game
competitions and tournaments (i.e. football & cheerleading activities) and
camp field trips (i.e. spring, summer and winter camps). The department
budgets approximately $14,000 each fiscal year for outsourced
transportation services.
The hourly rate provided is a fixed, all-inclusive rate for transportation
services which consists of driver(s), uniforms, equipment, tolls, fees, permits,
fuel, clean-up service, and any other element of cost associated with
providing the requested transportation services. The City will not reimburse
any toll charges and there will be no maximum mileage allowance, excess
mileage charges, or rental charges of any kind. The minimum rental period is
three (3) hours. After the three (3) hour minimum is reached, any trip over
or under a full hour shall be paid in fifteen (15) minute increments
proportionate to the awarded hourly rate.
The city received two (2) formal proposals in response to RFP #PR2019-01.
Staff recommends entering into a multi -year contract with Air B School Bus
Transportation Inc. based upon past related work experience, qualifications,
fixed service rate, and compliance with the terms of the RFP. Staff has
2
r
2
A. A
South(eMiami
THE CITY OF PI FASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
consulted with the contractor's references as to hands on experience and
received positive feedback.
FIXED RATE: Air B School Bus Transportation Inc. will provide passenger school bus (up to
65 passengers) transportation services to the City on an as -needed basis in
the amount of $53.00 per hour, per bus.
BUDGET EXPENSE: The estimated budgeted value of these services over the five (5) year period
is approximately $62,000 in accordance with funds historically budgeted for
such services. The total contract amount for transportation services shall
not exceed as follow:
FY 2018-2019:
FY 2019-2020:
FY 2020-2021:
FY2021-2022 (OPTIONAL):
FY 2022-2023 (OPTIONAL):
$6,000 per contract term
$14,000 per contract term
$14,000 per contract term
$14,000 per contract term
$14,000 per contract term
AccoUNT: The expenditures shall be charged to the appropriate cost center and
classification. For instance, transportation related to the City's tackle
football program will be charged to account number 001-2000-572-5630
(Football acct. classification) whereas transportation related to summer
camp field trips will be charged to account number 001-2020-572-5660
(Summer Camp acct. classification) and so forth.
TERM: The term of this agreement shall be for a period of three (3) consecutive
years, commencing on the Respondents initial effective date. Prior to, or
upon completion, of that initial term, the City shall have the option -to -renew
the contract for one (1) additional two (2) year period for a maximum total
of five (5) years. The Option -to -Renew is at the discretion of the City
Manager and shall commence on the calendar date of the month
immediately subsequent to the notice of award. This prerogative may be
exercised only when such continuation is clearly in the best interest of the
City.
ATTACHMENTS: Resolution
Pre -Bid Conference Sign -In Sheet
Bid Opening Report
Air B School Bus Transportation Inc. Proposal
Demand Star Results
RFP Advertisement
References
SunBiz — Air B School Bus Transportation Inc.
3
South'' M21111
Pre -Bid Conference
Sign -In Sheet
Date: February 14, 2019
RFP Title: TRANSPORTATION SERVICES
RFP No.: PR2019-01
Please Print Clearly
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CompanyAddress
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X:\Purchasing\Request for Proposals & Qualification (RFPs)\2019 TRANSPORTATION SERVICES\Pre-Bid\Pre-Bid Meeting
TRANSPORTATION SERVICES 2.14.19 .doc
BID OPENING REPORT
Bids were opened on: Tuesday March 5, 2019 after: I0:00am
For RFP #PR2019-01 Transportation Services
COMPANIES THAT SUBMITTED PROPOSALS:
AMOUNT:
1. AIR B SCHOOL BUS TRANSPORTATION ............................. I $ 58 I Y►i
2. RENEEBROWN.............................................................. $ ZOOjh�' ISO'
2 3')1 Ccn�aHi�q�'_fnc .
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THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
City Clerk: cghwu&I
Print Name 01
Witness:
Print Name
Witness:
7.13 � I
Print Name
7
PROPOSAL SUBMITTAL CHECKLIST FORM
TRANSPORTATION SERVICES
RFP #PR2019-0 I
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation . Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response shall include the following items:
Proposal Package shall consist of one (1) original unbound
X proposal, three (3) additional copies, (three (3) ring binders are
not permitted) and one (1) digital (or comparable medium
including Flash Drive, DVD or CD) copy
X
X
"Qualifications" described in EXHIBIT I, Attachment A,
"Scope of Services" X
X Indemnification and Insurance Documents EXHIBIT 2 X
X Respondents Bid Form. EXHIBIT 3 X
X Respondents Cost and Technical Proposal, EXHIBIT 4 X
X Signed Professional Services Contract EXHIBIT 5 X
X Respondents Qualification Statement X
X List of Proposed Subcontractors and Principal Suppliers N/A
X
Non -Collusion Affidavit
X
a
Public Entity Crimes and Conflicts of Interest
X
X
Drug Free Workplace
X
X
Acknowledgement of Conformance with OSHA Standards
X
X
Affidavit Concerning Federal & State Vendor Listings
X
X
Related Party Transaction Verification Form
X
X
Presentation Team Declaration/Affidavit of Representation
X
Submit this checklist
along with your proposal indicating the completion and submission of each required forms
andfor documents.
END OF SECTION
.A� A
EXHIBIT 5
Professional Services Contract
TRANSPORTATION SERVICES
RFP #PR2019-01
THIS CONTRACT, entered into this day of 2019, by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be h e' after referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: salexanderCsout.hmiamifl.gov
and Air B School Bus Transportation, Inc with an office and principal place of business located at
7503 Nw 7 St, Miami, Fl 33126, and E-mail address of infoTairbbus.com and Facsimile
transmission number of 305-267-3139 (hereinafter called the "TRANSPORTATION
SERVICES CONTRACTOR. ")
WITNESSETH:
WHEREAS, the CITY is in need of TRANSPORTATION SERVICES; and
WHEREAS, the CITY desires to retain TRANSPORTATION SERVICES CONTRACTOR to
provide the required goods and/or services based on TRANSPORTATION SERVICES CONTRACTOR's
representations which reflect that TRANSPORTATION SERVICES CONTRACTOR is qualified and
capable of providing said goods and/or services in a professional and timely manner and in accordance
with the CITY's goals and requirements; and
WHEREAS, TRANSPORTATION SERVICES CONTRACTOR has agreed to provide the
required goods and/or services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Transportation Services Contractor: Based on the representations of
TRANSPORTATION SERVICES CONTRACTOR as set out in the following "checked" documents the
CITY hereby retains TRANSPORTATION SERVICES CONTRACTOR to provide the goods and/or
services set forth in Scope of Services, SpecialTermsand Conditions, whichever is applicable, as modified
by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all
of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described
below to indicate that such document is part of this Contract)
[I] Scope of Services. Attached as Exhibit 1, Attachment A, Et B from the RFP
2) Contract Documents: The Contract Documents shall include this Contract and the
forgoing and following "checked documents", as well as any attachments or exhibits that are made apart
of any of they "checked documents". (Check the box immediately preceding the document described below toindicate
that such document is part of this Contract)
[J] Transportation Services Contractor/ Respondent's Bid Form. Attached as Exhibit 3
from the RFP
[I] Transportation Services Contractor/Respondent's Cost and Technical Proposal.
Attached as Exhibit 4 from the RFP
[I] CITY's Insurance Et Indemnification Requirements. Attached as Exhibit 2 from the
RFP
[I] Solicitation documents ("hereinafter referred to as "Bid Documents" including any
request for proposal)
This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope
of Services, and Special Terms and Conditions shall take precedent over the response to the CITY's Bid
Documents, including the Contractor's Bid Form and Contractors/Respondent's Cost and Technical
Proposal. All of the forgoing "checked documents" in paragraph 1 and 2 above are attached hereto and
made a part hereof by reference.
3) Date of Commencement: TRANSPORTATION SERVICES CONTRACTOR shall
commence the performance of the Work under this Contract on a date to be specified in a Notice to
Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). In any event,
the term shall not exceed five years. Time is of the essence.
60
4) Primary Contacts: The PrimaryContact Person in charge of administering this Contract
on behalf of the CITY is the City Manager ( "Manager"), assistant Manager, or the Manager's designee,
who shall be designated in a writing signed by the Manager. The Primary Contact Person for
TRANSPORTATION SERVICES CONTRACTOR and his/her contact information is as follows: Name:
Naday Beltran e-mail:. infoCairbbus.com ;Fax: 305.267-3139 Street Address:
7503 Nw 7 St, Miami, Fl 33126 .
5) Scope of Services: The goods and/or services to be provided are as set forth in the
"checked documents".
6) Compensation: The TRANSPORTATION SERVICES CONTRACTOR's compensation for
TRANSPORTATION SERVICES CONTRACTOR's performance under the terms and provisions of this
Contract (hereinafter referred to as the Contract Price) shall be as set forth in TRANSPORTATION
SERVICES CONTRACTOR's response to the CITY's written solicitation.
7) Hours of Work: in the event that this Contract requires the performance of services, it is
presumed that the cost of performing the Work after regular working hours, and on Sunday and legal
holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on
days and during hours that are otherwise prohibited by ordinance unless specifically authorized or
instructed in writing by the City Manager, the Manager's assistant or designee.
8) Time Provisions: The term of this Contractshallcommence onthe WorkCommencement
Date and shall continue for Three (3) Years, unless earlier terminated according to the Contract
Documents. Notwithstanding the foregoing, this Contract may be extended by an additional Two 2
Year period if the extension is in writing and signed by the City Manager. An extension of the term of
this Contract is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other
provision to the contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed
a total term of Five (5) Consecutive Years, including any extensions thereto.
9) Termination: This Contract may be terminated without cause by the CITY. This provision
supersedes and takes precedence over any contrary provisions for termination contained in the Contract
Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement
of this Contract. Venue for all proceedings shalt be in Miami -Dade County, Florida.
11) Duties and Responsibilities: TRANSPORTATION SERVICES CONTRACTOR shall
comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of
any governmental body having jurisdiction over any matter related to this Contract or the goods and/or
services to be performed hereunder and shall commit no trespass on any private property in performing
any of the work embraced by this Contract. Each and every provision and/or clause required by law to
be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and
enforced as though such provisions and/or clauses were included herein.
12) Change Orders: No additional Work or extras shalt be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents.
13) Licenses and Certifications: TRANSPORTATION SERVICES CONTRACTOR shall
secure all necessary business and professional licenses at its sole expense prior to executing this Contract
or commencing the Work.
14) Insurance, Indemnification & Bonding: TRANSPORTATION SERVICES
CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in
the Contract Documents.
61
6 A
15) Liquidated Damages: In the event that TRANSPORTATION SERVICES CONTRACTOR
shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended
• time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract
Documents, liquidated damages shall be paid at the rate of $ N/A per day until the Work is completed.
16)Jury Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non -waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Contract is required to be approved by the City Commission, all amendments thereto must be
approved in the same manner and with the same formality as this Contract. The Contract Documents, in
general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of
the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate
as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission.
18) Public Records: TRANSPORTATION SERVICES CONTRACTOR and all of its
subcontractors are required to comply with the public records law (s.119.0701) while providing goods
and/or services on behalf of the CITY and the TRANSPORTATION SERVICES CONTRACTOR, under
such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a)
Keep and maintain public records required by the public agency to perform the service; (b) Upon request
from the public agency's custodian of public records, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public
records that are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Contract term and following completion of
the Contract if TRANSPORTATION SERVICES CONTRACTOR does not transfer the records to the
public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all
public records in possession of TRANSPORTATION SERVICES CONTRACTOR or keep and maintain
public records required by the public agency to perform the service. If TRANSPORTATION SERVICES
CONTRACTOR transfers all public records to the public agency upon completion of the Contract,
TRANSPORTATION SERVICES CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If TRANSPORTATION
SERVICES CONTRACTOR keeps and maintains public records upon completion of the Contract,
TRANSPORTATION SERVICES CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the public agency, upon request
from the public agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
IF TRANSPORTATION SERVICES CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE TRANSPORTATION
SERVICES CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-
6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
19) Background Screening. All personnel and volunteers that will provide any service with
vulnerable persons, as defined in Section435.02, Fla. Stat., involving the City oritsAgency in such
related activity or who may have access to secure or sensitive areas of the City, must be in compliance
with Level 11 Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior
to the scheduled start of any employee or volunteer. TRANSPORTATION SERVICES CONTRACTOR
shall prevent any and allofits personnel, including volunteers, from engaging in any such related
activities without having passed a background screening to the satisfaction of the City. A violation of
this requirement shall constitute a substantial breach of this Contract.
62
20) Drug Free Workplace. TRANSPORTATION SERVICES CONTRACTOR shall comply
with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is
made a part of this Contract by reference.
21) Transfer and Assignment. None of the work or services under this Contract shalt be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non -Appropriation of Funds..In the event that no funds or insufficient funds are
appropriated and budgeted orare otherwise unavailable in any fiscal period for.payments due under this
contract, then the City, upon written notice to TRANSPORTATION SERVICES CONTRACTOR or its
assignee of such occurrence, shalt have the unqualified right to terminate the contract without any
penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will
be awarded to any TRANSPORTATION SERVICES CONTRACTOR.
23) Most Favored Public Entity. TRANSPORTATION SERVICES CONTRACTOR
represents that the prices charged to City in the proposal do not exceed existing prices to other
customers forthesame or substantially similar items or services for comparable quantities undersimilar
terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If
TRANSPORTATION SERVICES CONTRACTOR's prices decline, or should respondent, at any time
during the term of a contract entered into with City, provide the same goods or services with the same
comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, TRANSPORTATION SERVICES CONTRACTOR shall immediately extend the
same prices to City.
24) Notices. All notices given or required under this Contract shall be deemed sufficient if sent
by a method that provideswritten evidence of delivery, including e-mail and facsimile transmission and
delivered to TRANSPORTATION SERVICES CONTRACTOR or his designated contact person.
Return of mail, sent tothe address contained herein forthe parties or their contact persons, as not
deliverable orforfailure to claim the mail shall be deemed received on the date that the mail is returned
to sender.
25) Indemnification. In the event that any of the contract documents provide for
indemnification, nothing contained therein shall imply that the City has waived its sovereign immunity as
provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null
and void and of no force oreffect.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date
first above written, with full knowledge of its content and significance and injending to be legally bound by
the terms hereof.
Witnessed: '
By:
ATTESTED:
By: kiwrx ,�_ a �
Nkenga ayne
City Cle k
TRANSPORTATION SERVICES
CONTRA R.
;00-
By:
Henry Beltran
[name of signatory]
CITY OF 59UTH MIAMI
By:
Stew— Alexander
Eify Manager
63
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EXHIBIT No. I
SCOPE OF SERVICES
Attachment A
TRANSPORTATION SERVICES
RFP #PR2019-01
PURPOSE
The City of South Miami is requesting proposals from parties capable for providing transportation
of passengers seven (7) days a week in conjunction with the City of South Miami Parks and
Recreation Division's needs.
SCOPE OF SERVICES
The Respondent shall provide safe transportation in new or used vehicles in good condition. The
vehicles must comply with all applicable Local, State or Federal Codes and comply or exceed
manufacturers mechanical standards for the vehicles and model used under this contract.
The following are some of the activities for which the transportation services will be requested.
I . Special Activities Transportation
Special activities include special events, games, ceremonies, and program.
2. Seasonal Competitions and Tournament Transportation
Seasonal leagues require transportation from various parks and facilities (i.e. football,
basketball), for the purpose of competing in athletic and sporting events.
3. Winter, Spring and Summer Camp Field Trip Transportation
To provide field trip transportation during camps. Most destinations are within Miami -
Dade or Broward County.
The City reserves the right to reroute buses to other sites and combine these with other
activities or programs as needed.
a. Transportation may be scheduled anytime between 5:00 AM and 1 1:00 PM,
Monday through Sunday, seven (7) days per week. Each bus may be required to
make shuttle trips during its period of service and may be required to pick up and drop
off at more than one (1) location.
b. Activities may require buses to remain at their destination for the duration of the activity
as deemed necessary by the department.
c. Schedule(s) for activities, games, and field trips will be provided by the department seven
(7) days prior to event date.
a. The City may cancel bus services by providing the successful bidder with forty-
eight (48) hours' notice (including weekends and holidays), at no charge to the
City.
b. If a bus is canceled with less than forty-eight (48) hours' notice due to weather
conditions, the City will only be responsible for paying one-half (1 /2) of the bid
amount for the bus service requested.
RATE
The hourly rate provided is an all-inclusive rate for transportation services for Category ! and
It which consists of driver(s), uniforms, equipment, tolls, fees, permits, fuel, clean-up service, and
any other element of cost associated with providing the requested transportation services. The
City will not reimburse any toll charges and there will be no maximum mileage allowances, excess
mileage charges, or rental charges of any kind.
36
Minimum rental period is three (3) hours. After the three (3) hour minimum is reached, any trip
over or under a full hour shall be paid in fifteen (15) minute increments proportionate to the
awarded hourly rate. The hourly rate will commence once the driver arrives at the designated
pick-up site. Travel time to the pick-up site shall not be billed to the City.
Category I: Passenger school bus (up to 65 passengers), single hourly. rate (per bus) to
provide transportation services in accordance with the terms and conditions of this RFP.
Category 2: Passenger vans (up to 15 passenger), single hourly rate (per van) to provide
transportation services in accordance with the terms and conditions of this RFP.
Note: All passenger school buses and vans operated by the Respondent must have a
functioning air conditioner.
QUALIFICATIONS
All Respondents that submit a proposal shall meet, but not limited to, the following minimum
qualifications:
I . The Respondents firm or principals of the firm shall be regularly engaged in the business
of providing the services as described herein. The Respondent shall have a record of
performance and operation within Florida for a minimum of three-year period of time
immediately preceding this Request for Proposal. The Respondent shall have sufficient
financial support, equipment, and organization to ensure that they can satisfactorily
execute the services if awarded a Contract under the terms and conditions herein stated.
There shall not be any pending criminal charges against the firm, principal owners,
partners, corporate officers, or management employees. The term "equipment and
organization" as used herein shall be construed to mean a fully equipped and well -
established operation as determined by officials of the City of South Miami.
2. Respondent must have at least ten (10) buses owned/leased at the time of bid submittal
for the type of buses for which a bid response is submitted. Ownership/leasing
documents must be submitted with bid response.
3. Respondents must be fully licensed to perform the work described herein and shall
comply with all applicable city, state, and federal licensing, regulation and certification
requirements. Buses must maintain current state inspection certification throughout the
contract period.
4. Respondents shall provide a minimum of three (3) professional references. Supporting
references must include company name or governmental agency, contact person,
telephone number, and email address. It is the responsibility of the proposer to ascertain
that the contact person will be responsive.
5. Respondents shall provide background information and professional experience
documentation on persons of significant responsibility within the proposer's organization.
37
VENDOR AWARD
The City has the option/discretion to select and award a contract to a Primary and Secondary
proposer for each category.
BACKGROUND SCREENING
All selected Respondents personnel and volunteers who provide any services or related activities
must be in compliance with Level II Background Screening and fingerprinting requirements as per
Exhibit "I" Scope of Services, "Attachment B," Background Screening, Florida
Statues, Chapter 435," including but not limited to Florida Statute 435.04, Employment
Screening, prior to the scheduled start of employment or volunteerism. A violation of this
requirement shall constitute a substantial breach of the agreement.
DRIVER REQUIREMENTS
I . Drivers must have and maintain a current, valid Commercial Driver's License, Class B or
C with passenger (" P") endorsement, in accordance with Florida Department of Highway
Safety and Motor Vehicles requirements.
2. Prior to placing a driver in service, the Respondent must conduct a thorough driver's
license check for a minimum of five (5) years in the past to ensure all drivers provides
services have no history of DUI, DWI, reckless driving convictions, leaving the scene of
an accident, or any other serious offenses. Drivers may not have any more than three (3)
moving violation points on their State driver's license within the last three (3) years.
TERM
The term of this agreement shall be for a period of three (3) consecutive years, commencing on
the Respondents initial effective date. Prior to, or upon completion, of that initial term, the City
shall have the option -to -renew the contract for one (1) additional two (2) year period for a
maximum total of five (5) years. The Option -to -Renew is at the discretion of the City Manager
and shall commence on the calendar date of the month immediately subsequent to the notice of
award. This prerogative may be exercised only when such continuation is clearly in the best
interest of the City.
END OF SECTION
38
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2018 FLORIDA STATUES
TITLE XXXI
LABOR
CHAPTER 435
EMPLOYMENT SCREENING
435.01 Applicability of this chapter; statutory references; rulemaking.
435.02 Definitions.
435.03 Level I screening standards.
435.04 Level 2 screening standards.
435.05 Requirements for covered employees and employers.
435.06 Exclusion from employment.
435.07 Exemptions from disqualification.
435.08 Payment for processing of fingerprints and state criminal records checks.
435.09 Confidentiality of personnel background check information.
435.10 . Sharing of personnel information among employers.
435.11 Penalties.
435.12 Care Provider Background Screening Clearinghouse.
435.01 Applicability of this chapter; statutory references; rulemaking.
(1)(a) Unless otherwise provided by law, whenever a background screening for
employment or a background security check is required by law to be conducted pursuant to
this chapter, the provisions of this chapter apply.
(b) Unless expressly provided otherwise, a reference in any section of the Florida Statutes
to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all
subsequent amendments to chapter 435 or to the referenced section or sections or portions of
a section. The purpose of this chapter is to facilitate uniform background screening and, to this
end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes
a general reference under the doctrine of incorporation by reference.
(2) Agencies may adopt rules to administer this chapter.
History. s. 47, ch. 95-228; s. 35, ch. 2010-1 14.
435.02 Definitions. —For the purposes of this chapter, the term:
(1) "Agency" means any state, county, or municipal agency that grants licenses or
registration permitting the operation of an employer or is itself an employer or that otherwise
facilitates the screening of employees pursuant to this chapter. If there is no state agency or the
40
municipal or county agency chooses not to conduct employment screening, "agency" means the
Department of Children and Families.
(2) "Employee" means any person required by law to be screened pursuant to this chapter,
including, but not limited to, persons who are contractors, licensees, or volunteers.
(3) "Employer" means any person or entity required by law to conduct screening of
employees pursuant to this chapter.
(4) "Employment" means any activity or service sought to be performed by an employee
which requires the employee to be screened pursuant to this chapter.
(5) "Specified agency" means the Department of Health, the Department of Children and
Families, the Division of Vocational Rehabilitation within the Department of Education, the
Agency for Health Care Administration, the Department of Elderly Affairs, the Department of
juvenile justice, the Agency for Persons with Disabilities, and local licensing agencies approved
pursuant to s. 402.307, when these agencies are conducting state and national criminal history
background screening on persons who work with children or persons who are elderly or
disabled.
(6) "Vulnerable person" means a minor as defined in s. 1.01 or a vulnerable adult as defined
in s.415.102.
History.—s. 47, ch. 95-228; s. 207, ch. 99-8; s. 36, ch. 2010-1 14; s. 9, ch. 2012-73; s. 257, ch.
2014-19; s. 10, ch. 2015-79.
435.03 Level I screening standards.—
([) All employees required by law to be screened pursuant to this section must undergo
background screening as a condition of employment and continued employment which includes,
but need not be limited to, employment history checks and statewide criminal correspondence
checks through the Department of Law Enforcement, and a check of the Dru Sjodin National
Sex Offender Public Website, and may include local criminal records checks through local law
enforcement agencies.
(2) Any person required by law to be screened pursuant to this section must not have an
arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication,
or entered a plea of nolo contendere or guilty to, and must not have been adjudicated
delinquent and the record has not been sealed or expunged for, any offense prohibited under s.
435.04(2) or similar law of another jurisdiction.
(3) The security background investigations under this section must ensure that no person
subject to this section has been found guilty of, regardless of adjudication, or entered a plea of
nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s.
741.28, whether such act was committed in this state or in another jurisdiction.
41
History. s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch.
2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1; s. 4, ch. 2004-267; s. 3, ch.
2005-119; s. 89, ch. 2006-197; s. 61, ch. 2006-227; s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37,
ch. 2010-1 14; s. 34, ch. 2011-4.
43S.04 Level 2 screening standards.
(1)(a) All employees required by law to be screened pursuant to this section must
undergo security background investigations as a condition of employment and continued
employment which includes, but need not be limited to, fingerprinting for statewide
criminal history records checks through the Department of Law Enforcement, and
national criminal history records checks through the Federal Bureau of Investigation, and
may include local criminal records checks through local law enforcement agencies.
(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be
submitted electronically to the Department of Law Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the
electronic fingerprinting pursuant to this section. Such contracts must ensure that the
owners and personnel of the vendor performing the electronic fingerprinting are
qualified and will ensure the integrity and security of all personal information.
(d) An agency may require by rule that fingerprints submitted pursuant to this
section must be submitted electronically to the Department of Law Enforcement on a
date earlier than July 1, 2012.
(e) Vendors who submit fingerprints on behalf of employers must:
1. Meet the requirements of s. 943.053; and
2. Have the ability to communicate electronically with the state agency accepting
screening results from the Department of Low Enforcement and provide the applicant's
full first name, middle initial, and lost name; social security number or individual
taxpayer identification number, date of birth; mailing address; sex, and race.
(2) The security background investigations under this section must ensure that no
persons subject to the provisions of this section have been arrested for and are awaiting
final disposition of, have been found guilty of, regardless of adjudication, or entered a
plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record
has not been sealed or expunged for, any offense prohibited under any of the following
provisions of state law or similar law of another jurisdiction:
(a) Section 393.135, relating to sexual misconduct with certain developmentally
disabled clients and reporting of such sexual misconduct.
(b) Section 394.4S93, relating to sexual misconduct with certain mental health
patients and reporting of such sexual misconduct.
42
9 a
(c) Section 41 S.111, relating to adult abuse, neglect, or exploitation of aged persons
or disabled adults.
(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an
offense listed in this subsection.
(e) Section 782.04, relating to murder.
() Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly
person or disabled adult, or aggravated manslaughter of a child.
(g) Section 782.071, relating to vehicular homicide.
(h) Section 782.09, relating to killing of an unborn child by injury to the mother.
(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense
was a felony.
0) Section 784.011, relating to assault, if the victim of the offense was a minor.
(k) Section 784.03, relating to battery, if the victim of the offense was a minor.
(1) Section 787.01, relating to kidnapping.
(m) Section 787.02, relating to false imprisonment.
(n) Section 787.025, relating to luring or enticing a child.
(o) Section 787.04(2), relating to taking enticing, or removing a child beyond the
state limits with criminal intent pending custody proceedings.
(p) Section 787.04(3), relating to carrying a child beyond the state lines with criminal
intent to avoid producing a child at a custody hearing or delivering the child to the
designated person.
(q) Section 790.11 S(1), relating to exhibiting firearms or weapons within 1,000 feet
of a school.
(r) Section 790.11 S(2)(b), relating to possessing an electric weapon or device,
destructive device, or other weapon on school property.
(s) Section 794.011, relating to sexual battery.
(t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial
authority.
(u) Section 794.05, relating to unlawful sexual activity with certain minors.
(v) Chapter 796, relating to prostitution.
(w) Section 798.02, relating to lewd and lascivious behavior.
(x) Chapter 800, relating to lewdness and indecent exposure.
(y) Section 806.01, relating to arson.
(z) Section 810.02, relating to burglary.
(aa) Section 810.14, relating to voyeurism, if the offense is a felony.
(bb) Section 810.145, relating to video voyeurism, if the offense is a felony.
43
(cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a
felony.
(dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the
offense was a felony.
(ee) Section 825.102, relating to abuse, aggravated abuse, or neglect. of an elderly
person or disabled adult.
(f fJ Section 82S.1025, relating to lewd or lascivious offenses committed upon or in
the presence of an elderly person or disabled adult.
(gg) Section 825.103, relating to exploitation of an elderly person or disabled adult,
if the offense was a felony.
(hh) Section 826.04, relating to incest.
(ii) Section 82 7.03, relating to child abuse, aggravated child abuse, or neglect of a
child.
0j) Section 827.04, relating to contributing to the delinquency or dependency of a
child.
(kk) Former s. 827.05, relating to negligent treatment of children.
(11) Section 82 7.071, relating to sexual performance by a child.
(mm) Section 843.01, relating to resisting arrest with violence.
(nn) Section 843.025, relating to depriving a law enforcement, correctional, or
correctional probation officer means of protection or communication.
(oo) Section 843.12, relating to aiding in an escape.
(pp) Section 843.13, relating to aiding in the escape o f juvenile inmates in
correctional institutions.
(qq) Chapter 847, relating to obscene literature.
(rr) Section 874.05, relating to encouraging or recruiting another to join a criminal
gang.
(ss) Chapter 893, relating to drug abuse prevention and control, only if the offense
was a felony or if any other person involved in the offense was a minor.
(tt) Section 916.107S; relating to sexual misconduct with certain forensic clients and
reporting of such sexual misconduct.
(uu) Section 944.3S(3), relating to inflicting cruel or inhuman treatment on an
inmate resulting in great bodily harm.
(vv) Section 944.40, relating to escape.
(ww) Section 944.46, relating to harboring concealing, or aiding an escaped
prisoner.
44
a
A ° b
(xx) Section 944.47, relating to introduction of contraband into a correctional
facility.
(yy) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(zz) Section 98S.71 I, relating to contraband introduced into detention facilities.
(3) The security background investigations under this section must ensure that no
person subject to this section has been arrested for and is awaiting final disposition of,
been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or
guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether
such act was committed in this state or in another jurisdiction.
(4) For the purpose of screening applicability to participate in the Medicaid
program, the security background investigations under this section must ensure that a
person subject to screening under this section has not been arrested for and is not
awaiting final disposition of; has not been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent
and the record sealed or expunged for, any of the following offenses. -
(a) Violation of a federal law or a law in any state which creates a criminal offense
relating to:
1. The delivery of any goods or services under Medicaid or Medicare or any other
public or private health care or health insurance program, including the performance of
management or administrative services relating to the delivery of goods or services under
any such program;
2. Neglect or abuse of a patient in connection with the delivery of any health care
good or service;
3. Unlawful manufacture, distribution, prescription, or dispensing of a controlled
substance;
4. Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial
misconduct;
5. Moral turpitude, if punishable by imprisonment of a year or more; or
6. Interference with or obstruction of an investigation into any criminal offense
identified in this subsection.
(b) Violation of the following state laws or laws of another jurisdiction:
1. Section 817.569, criminal use of a public record or information contained in a
public record;
2. Section 838.016, unlawful compensation or reward for official behavior,
3. Section 838.021, corruption by threat against a public servant;
4. Section 838.022, official misconduct;
45
5. Section 838.22, bid tampering;
6. Section 839.13, falsifying records; or
7. Section 839.26, misuse of confidential information.
(c)- Violation of a federal or state law, rule, or regulation governing the Florida
Medicaid program or any other state Medicaid program, the Medicare program, or any
other publicly funded federal or state health care or health insurance program.
History.—s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch.
99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 20OS-119; S.
111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch.
2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6,
ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162; s. 19, ch. 2017-37; s. 89, ch. 2018-24.
435.05 Requirements for covered employees and employers. —Except as
otherwise provided by law, the following requirements apply to covered employees and
employers:
(1)(a) Every person required by law to be screened pursuant to this chapter must submit a
complete set of information necessary to conduct a screening under this chapter.
(b) For level I screening, the employer must submit the information necessary for
screening to the Department of Law Enforcement within 5 working days after receiving it. The
Department of Law Enforcement shall conduct a search of its records and respond to the
employer or agency. The employer must inform the employee whether screening has revealed
any disqualifying information.
(c) For level 2 screening, the employer or agency must submit the information necessary
for screening to the Department of Law Enforcement within 5 working days after receiving it.
The Department of Law Enforcement shall perform a criminal history record check of its
records and request that the Federal Bureau of Investigation perform a national criminal history
record check of its records for each employee for whom the request is made. The Department
of Law Enforcement shall respond to the employer or agency, and the employer or agency
must inform the employee whether screening has revealed disqualifying information.
(d) The person whose background is being checked must supply any missing criminal or
other necessary information upon request to the requesting employer or agency within 30 days
after receiving the request for the information.-
(2) Every employee must attest, subject to penalty of perjury, to meeting the requirements
for qualifying for employment pursuant to this chapter and agreeing to inform the employer
immediately if arrested for any of the disqualifying offenses while employed by the employer.
(3) Each employer licensed or registered with an agency must conduct level 2 background
screening and must submit to the agency annually or at the time of license renewal, under
46
p L 4
penalty of perjury, a signed attestation attesting to compliance with the provisions of this
chapter.
History.—s. 47, ch. 95-228; s. 208, ch. 99-8; s. 46, ch. 2000-349; s. 63, ch. 2001-62; s. 21, ch.
2004-267; s. 67, ch. 2009-223; s. 39, ch. 2010-1 14; s. 7, ch. 2014-84.
435.06 Exclusion from employment.—
(1) If an employer or agency has reasonable cause to believe that grounds exist for the
denial or termination of employment of any employee as a result of background screening, it
shall notify the employee in writing, stating the specific record that indicates noncompliance
with the standards in this chapter. It is the responsibility of the affected employee to contest his
or her disqualification or to request exemption from disqualification. The only basis for
contesting the disqualification is proof of mistaken identity.
(2)(a) An employer may not hire, select, or otherwise allow an employee to have contact
with any vulnerable person that would place the employee in a role that requires background
screening until the screening process is completed and demonstrates the absence of any
grounds for the denial or termination of employment. If the screening process shows any
grounds for the denial or termination of employment, the employer may not hire, select, or
otherwise allow the employee to have contact with any vulnerable person that would place the
employee in a role that requires background screening unless the employee is granted an
exemption for the disqualification by the agency as provided under s. 435.07.
(b) If an employer becomes aware that an employee has been arrested for a disqualifying
offense, the employer must remove the employee from contact with any vulnerable person that
places the employee in a role that requires background screening until the arrest is resolved in
a way that the employer determines that the employee is still eligible for employment under
this chapter.
(c) The employer must terminate the employment of any of its personnel found to be in
noncompliance with the minimum standards of this chapter or place the employee in a position
for which background screening is not required unless the employee is granted an exemption
from disqualification pursuant to s. 435.07.
(d) An employer may hire an employee to a position that requires background screening
before the employee completes the screening process for training and orientation purposes.
However, the employee may not have direct contact with vulnerable persons until the
screening process is completed and the employee demonstrates that he or she exhibits no
behaviors that warrant the denial or termination of employment.
(3) Any employee who refuses to cooperate in such screening or refuses to timely submit
the information necessary to complete the screening, including fingerprints if required, must be
disqualified for employment in such position or, if employed, must be dismissed.
47
)'
(4) There is no reemployment assistance or other monetary liability on the part of, and no
cause of action for damages against, an employer that, upon notice of a conviction or arrest for
a disqualifying offense listed under this chapter, terminates the person against whom the report
was issued or who was arrested, regardless of whether or not that person has filed for an
exemption pursuant to this chapter.
History.—s. 47, ch. 95-228; s. 40, ch. 2010-1 14; s. 65, ch. 2012-30; s. 11, ch. 2012-73.
435.07 Exemptions from disqualification. —Unless otherwise provided by law, the
provisions of this section apply to exemptions from disqualification for disqualifying offenses
revealed pursuant to background screenings required under this chapter, regardless of whether
those disqualifying offenses are listed in this chapter or other laws.
(1)(a) The head of the appropriate agency may grant to any employee otherwise disqualified
from employment an exemption from disqualification for:
1. Felonies for which at least 3 years have elapsed since the applicant for the exemption has
completed or been lawfully released from confinement, supervision, or nonmonetary condition
imposed by the court for the disqualifying felony;
2. Misdemeanors prohibited under any of the statutes cited in this chapter or under similar
statutes of other jurisdictions for which the applicant for the exemption has completed or been
lawfully released from confinement, supervision, or nonmonetary condition imposed by the
court;
3. Offenses that were felonies when committed but that are now misdemeanors and for
which the applicant for the exemption has completed or been lawfully released from
confinement, supervision, or nonmonetary condition imposed by the court; or
4. Findings of delinquency. For offenses that would be felonies if committed by an adult and
the record has not been sealed or expunged, the exemption may not be granted until at least 3
years have elapsed since the applicant for the exemption has completed or been lawfully
released from confinement, supervision, or nonmonetary condition imposed by the court for
the disqualifying offense.
(b) A person applying for an exemption who was ordered to pay any amount for any fee,
fine, fund, lien, civil judgment, application, costs of prosecution, trust, or restitution as part of
the judgment and sentence for any disqualifying felony or misdemeanor must pay the court -
ordered amount in full before he or she is eligible for the exemption.
For the purposes of this subsection, the term "felonies" means both felonies prohibited under
any of the statutes cited in this chapter or under similar statutes of other jurisdictions.
(2) Persons employed, or applicants for employment, by treatment providers who treat
adolescents 13 years of age and older who are disqualified from employment solely because of
48
4 " %
crimes under s. 817.563, s. 893.13, or s. 893.147 may be exempted from disqualification from
employment pursuant to this chapter without application of the waiting period in subparagraph
(1)(a) I -
(3)(a) In order for the head of an agency to grant an exemption to any employee, the
employee must demonstrate by clear and convincing evidence that the employee should not be
disqualified from employment. Employees seeking an exemption have the burden of setting
forth clear and convincing evidence of rehabilitation, including, but not limited to, the
circumstances surrounding the criminal incident for which an exemption is sought, the time
period that has elapsed since the incident, the nature of the harm caused to the victim, and the
history of the employee since the incident, or any other evidence or circumstances indicating
that the employee will not present a danger if employment or continued employment is
allowed.
(b) The agency may consider as part of its deliberations of the employee's rehabilitation the
fact that the employee has, subsequent to the conviction for the disqualifying offense for which
the exemption is being sought, been arrested for or convicted of another crime, even if that
crime is not a disqualifying offense.
(c) The decision of the head of an agency regarding an exemption may be contested
through the hearing procedures set forth in chapter 120. The standard of review by the
administrative law judge is whether the agency's intended action is an abuse of discretion.
(4)(a) Disqualification from employment under this chapter may not be removed from, nor
may an exemption be granted to, any personnel who is found guilty of, regardless of
adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by
s. 435.03 or s. 435.04 solely by reason of any pardon, executive clemency, or restoration of civil
rights.
(b) Disqualification from employment under this chapter may not be removed from, nor
may an exemption be granted to, any person who is a:
1. Sexual predator as designated pursuant to s. 775.21;
2. Career offender pursuant to s. 775.261; or
3. Sexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual
offender has been removed pursuant to s. 943.04354.
(c) Disqualification from employment under this chapter may not be removed from, and an
exemption may not be granted to, any current or prospective child care personnel, as defined
in s. 402.302(3), and such a person is disqualified from employment as child care personnel,
regardless of any previous exemptions from disqualification, if the person has been registered as
a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been arrested for and is
awaiting final disposition of, has been convicted or found guilty of, or entered a plea of guilty or
49
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i ' C
nolo contendere to, regardless of adjudication, or has been adjudicated delinquent and the
record has not been sealed or expunged for, any offense prohibited under any of the following
provisions of state law or a similar law of another jurisdiction:
1. A felony offense prohibited under any of the following statutes:
a. Chapter 741, relating to domestic violence.
b. Section 782.04, relating to murder.
c. Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a
firefighter, an emergency medical technician, or a paramedic.
d. Section 784.021, relating to aggravated assault.
e. Section 784.045, relating to aggravated battery.
f. Section 787.01, relating to kidnapping.
g. Section 787.025, relating to luring or enticing a child.
h. Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the
state limits, or concealing the location of a minor, with criminal intent pending custody
proceedings.
i. Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the
state limits, or concealing the location of a minor, with criminal intent pending dependency
proceedings or proceedings concerning alleged abuse or neglect of a minor.
j. Section 794.011, relating to sexual battery.
k. Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in
familial or custodial authority.
I. Section 794.05, relating to unlawful sexual activity with certain minors.
m. Section 794.08, relating to female genital mutilation.
n. Section 806.01, relating to arson.
o. Section 826.04, relating to incest.
p. Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
q. Section 827.04, relating to contributing to the delinquency or dependency of a child.
r. Section 827.071, relating to sexual performance by a child.
s. Chapter 847, relating to child pornography.
t. Chapter 893, relating to a drug abuse prevention and control offense, if that offense was
committed in the preceding 5 years.
u. Section 985.701, relating to sexual misconduct in juvenile justice programs.
2. A misdemeanor offense prohibited under any of the following statutes:
a. Section 784.03, relating to battery, if the victim of the offense was a minor.
b. Section 787.025, relating to luring or enticing a child.
50
$k '44 Q
c. Chapter 847, relating to child pornography.
3. A criminal act committed in another state or under federal law which, if committed in
this state, constitutes an offense prohibited under any statute listed in subparagraph 1. or
subparagraph 2.
(5) Exemptions granted by one agency shall be considered by subsequent agencies, but are
not binding on the subsequent agency.
History.—s. 47, ch. 95-228; s. 47, ch. 2000-349; s. 64, ch. 2001-62; s. 29, ch. 2004-267; s. 9,
ch. 2005-128; s. 41, ch. 2010-1 14; s. 8, ch. 2014-84; ss. 1, 3, ch. 2016-98; s. 26, ch. 2016-104; s.
37, ch. 2016-105; s. 15, ch. 2016-238; s. 20, ch. 2017-37; s. 26, ch. 2018-103.
435.08 Payment for processing of fingerprints and state criminal records
checks. —The employer or the employee is responsible for paying the costs of screening.
Payment shall be submitted to the Department of Law Enforcement with the request for
screening. The appropriate agency is responsible for collecting and paying any fee related to
fingerprints retained on its behalf to the Department of Law Enforcement for costs resulting
from the fingerprint information retention services. The amount of the annual fee and
procedures for the submission and retention of fingerprint information and for the
dissemination of search results shall be established by rule of the Department of Law
Enforcement.
History.—s. 47, ch. 95-228; s. 209, ch. 99-8; s. 48, ch. 2000-349; s. 42, ch. 2010-1 14.
435.09 Confidentiality of personnel background check information. —No criminal
or juvenile information obtained under this section may be used for any purpose other than
determining whether persons meet the minimum standards for employment or for an owner or
director of a covered service provider. The criminal records and juvenile records obtained by
the department or by an employer are exempt from s. 119.07(1).
History.—s. 47, ch. 95-228; s. 282, ch. 96-406; s. 49, ch. 2000-349.
435.10 Sharing of personnel information among employers. —Every employer of
employees covered by this chapter shall furnish copies of personnel records for employees or
former employees to any other employer requesting this information pursuant to this section.
Information contained in the records may include, but is not limited to, disciplinary matters and
any reason for termination. Any employer releasing such records pursuant to this chapter shall
be considered to be acting in good faith and may not be held liable for information contained in
such records, absent a showing that the employer maliciously falsified such records.
History.—s. 47, ch. 95-228.
435.11 Penalties.—
(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, for any person willfully, knowingly, or intentionally to:
51
(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to
disclose in any application for voluntary or paid employment a material fact used in making a
determination as to such person's qualifications for a position of special trust.
(b) Use records information for purposes other than screening for employment or release
records information to other persons for purposes other than screening for employment.
(2) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, for any person willfully, knowingly, or intentionally to use juvenile records information
for any purposes other than specified in this section or to release such information to other
persons for purposes other than specified in this section.
History.—s. 47, ch. 95-228; s. 283, ch. 96-406.
435.12 Care Provider Background Screening Clearinghouse.
(1) The Agency for Health Care Administration in consultation with the Department of
Law Enforcement shall create a secure web -based system, which shall be known as the "Care
Provider Background Screening Clearinghouse" or "clearinghouse," and which shall be
implemented to the full extent practicable no later than September 30, 2013, subject to the
specified agencies being funded and equipped to participate in such program. The clearinghouse
shall allow the results of criminal history checks provided to the specified agencies for screening
of persons qualified as care providers under s. 943.0542 to be shared among the specified
agencies when a person has applied to volunteer, be employed, be licensed, or enter into a
contract that requires a state and national fingerprint -based criminal history check. The Agency
for Health Care Administration and the Department of Law Enforcement may adopt rules to
create forms or implement procedures needed to carry out this section.
(2)(a) To ensure that the information in the clearinghouse is current, the fingerprints of an
employee required to be screened by a specified agency and included in the clearinghouse must
be:
1. Retained by the Department of Law Enforcement pursuant to s. 943.05(2)(g) and (h) and
(3), and the Department of Law Enforcement must report the results of searching those
fingerprints against state incoming arrest fingerprint submissions to the Agency for Health Care
Administration for inclusion in the clearinghouse.
2. Retained by the Federal Bureau of Investigation in the national retained print arrest
notification program as soon as the Department of Law Enforcement begins participation in
such program. Arrest prints will be searched against retained prints at the Federal Bureau of
Investigation and notification of arrests will be forwarded to the Florida Department of Law
Enforcement and reported to the Agency for Health Care Administration for inclusion in the
clearinghouse.
52
19� ,+ a
3. Resubmitted for a Federal Bureau of Investigation national criminal history check every 5
years until such time as the fingerprints are retained by the Federal Bureau of Investigation.
4. Subject to retention on a 5-year renewal basis with fees collected at the time of initial
submission or resubmission of fingerprints.
5. Submitted -with a photograph of the person taken at the time the fingerprints are
submitted.
(b) Until such time as the fingerprints are enrolled in the national retained print arrest
notification program at the Federal Bureau of Investigation, an employee with a break in service
of more than 90 days from a position that requires screening by a specified agency must submit
to a national screening if the person returns to a position that requires screening by a specified
agency.
(c) An employer of persons subject to screening by a specified agency must register with
the clearinghouse and maintain the employment status of all employees within the
clearinghouse. Initial employment status and any changes in status must be reported within 10
business days.
(d) An employer must register with and initiate all criminal history checks through the
clearinghouse before referring an employee or potential employee for electronic fingerprint
submission to the Department of Law Enforcement. The registration must include the
employee's full first name, middle initial, and last name; social security number; date of birth;
mailing address; sex; and race. Individuals, persons, applicants, and controlling interests that
cannot legally obtain a social security number must provide an individual taxpayer identification
number.
(3) An employee who has undergone a fingerprint -based criminal history check by a
specified agency before the clearinghouse is operational is not required to be checked again
solely for the purpose of entry in the clearinghouse. Every employee who is or will become
subject to fingerprint -based criminal history checks to be eligible to be licensed, have their
license renewed, or meet screening or rescreening requirements by a specified agency once the
specified agency participates in the clearinghouse shall be subject to the requirements of this
section with respect to entry of records in the clearinghouse and retention of fingerprints for
reporting the results of searching against state incoming arrest fingerprint submissions.
History.—s. 12, ch. 2012-73; s. 9, ch. 2014-84.
53
EXHIBIT 2
Insurance & Indemnification Requirements
TRANSPORTATION SERVICES
RFP #PR2019-01
Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below.
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
54
'A ''
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional
One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in these insurance and indemnification requirements, other than
the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage', or "personal and advertising injury' and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
55
s
f- r
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the polity or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
EL If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorneys fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense 'or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorneys fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
56
t
A •A 4 ,
EXHIBIT 3
TRANSPORTATION SERVICES
RFP #PR2019-01
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in theform included in this Soli citation Packageand toperformand furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit 1(Scope of Services, Attachment A,
& B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/ Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not a (ready submitted, within ten (10)calendar days after the date of theCity's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. N/A Dated: 02/25/2019
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written noticeof allconf licts, errors or discrepancies that ithascliscovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish all of the
Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal
Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change
orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule
of Values, except to the extent that theCITYchangesthe Scope ofthe Work after theContractDate . As
such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services
necessary to provide the Work for the Proposal Price. If this Solicitation requires the completion of a
Respondents Cost and Technical Proposal, Exhibit 4 as may be set forth in in an exhibit to this
57
Solicitation, such proposal must be attached to this Respondents Bid Form and will take the
place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as
follows:
"Refer to Exhibit 4, Respondents Cost and Technical Proposal"
Afee breakdown foreach task included in the lump sum contractprice, if applicable, must beprovided.
Failure to provide this information shall render the proposal non -responsive.
5. The ENTIRE WORK shall be completed, in full, within N/A from the commencement date set forth in the
NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result
in the assessment of liquidated damages as may be set forth in the Contract.
6. insert the following information for future communication with you concerning this Proposal:
RESPONDENT: Air B School Bus Transportation Inc
Address: 7503 Nw 7 St, Miami, Fl 33126
Telephone: 305-267-1001
Facsimile: 305-267- 3139
Contact Person Naday Beltran
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned
to them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondent's Cost 6t Technical Proposal is required by the Solicitation, Respondent hereby certifies
thatallof thefactsand responses to the questions posed in theCost StTechnical Proposal, if such an exhibit
is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents
Bid Form, and are made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing.
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in thisBid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct to the best of my knowledge.
information and belief.
SUBMITTED THIS 25
PROPOSAL SUBMITTED BY:
Air B School Bus Transaortation Inc
Company
HenryBeltran
Name of Per5o_pAthoriubmit Proposal
Signatdre
President/CEO
Title
DAY OF February
END OF SECTION
2019 .
305-267-1001
Telephone Number
305-267-3139
Fax Number
info@airbbus.com
Email Address
58
-1 a
EXHIBIT 4
RESPONDENTS COST AND TECHNICAL PROPOSAL
TRANSPORTATION SERVICES
RFP #PR2019-01
"RESPONDENTS SHALL COMPLETE AND SUBMIT THE "RESPONDENTS COST AND
TECHNICAL PROPOSAL IN ITS ENTIREITY, IN ACCORDANCE WITH EXHIBIT 11
SCOPE OF SERVICES, ATTACHMENTS A Ft B. FAILURE TO DO SO, MAY RENDER A
RESPONDENTS PROPOSAL AS NON -RESPONSIVE"
CATEGORY _SINGLE HOURLY RATE j
Category I: Passenger school bus (up to 65
passengers), single hourly rate (per bus) to i
provide transportation services in accordance
with the terms and conditions of this RFP. $ 53.00
Category 2: Passenger vans (up to 15
passenger), single hourly rate (per van) to N/A
provide transportation services in accordance
with the terms and conditions of this RFP.
NOTE: The City has the option/discretion to select and award a contract to a Primary and
Secondary proposer for each category.
SUBMITTED THIS 25th
PROPOSAL SUBMITTED BY:
Air B School Bus Transportation, Inc
Company
DAY OF February
Henry Beltran _
Narmo erson Authorized to Submit Proposal
Signatur
President/CEO
Title
105-267-1001
Telephone Number
305-267-3139
Fax Number
infotzairbbus.com
Email Address
END OF SECTION
2019 .
59
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Discover. Connect. Compete.
Please Remit To:
ALM Media, LLC
PO Box 936174
Atlanta, GA 31193-6174
CITY OF SOUTH MIAMI
Attention To: NKENGA A. PAYNE
NKENGAA. PAYNE
6130 SUNSET DR
SOUTH MIAMI. FL 33143
PLEASE RETURN THIS SECTION WITH PAYMENT
Daily Business Review
Miami Dade
Customer No: 9005479
Invoice #:
10000377094-0131
Invoice Date:
01/31/2019
Due Date:
Due Upon Receipt
AMOUNT DUE:
S101.75
Arrount Ferrilted
T 4R ?iLP.r'
Daily Business Review
Miami Dade
Invoice Date: 01131/2019 Customer #: 9005479
Invoice K Description Amount
10000377094-0131 Placement/Position: Bids/Hearngs/Meetings/Ordinances/Bid Notices 8 RFPs S101.75
Run Dates: 01/31/2019
Ad Size: 2 x 5.70 Inches
CITY OF SOUTH MIAMI - RFP #PR2019-01 Subtotal S1C1.T5;
Total Due S 101.75
Visit our online payment portal at http://almpaymentcenter.com to pay via credit card
For billing questions, please email: ALMcolleclion@alm.com.
197
ALM 44
Discover. Connect. Compete.
South, Miami
THE CITY OF PLEASANT LIVING
REFERENCE CHECK
TO: Scvo� 1 �Dct�d �T"vaL�,��Ur`i-afion -
PROJECT: Transportation Services
FIRM: AIR B School Bus Transp, Inc. ("AIR B")
DATE: 4/16/2019 .
You were given as a reference by: AIR B School Bus Trans, Inc. It would be appreciated if you could complete the
questionnaire and return it via email to parks@southmiamifl.gov before or by Friday, April 19, 2019.
1. Please describe the scope of work or project details AIR B was responsible for?
M4 k,- c w`-t%ct_c 4 f' 1 �roj -DncXJL Cs'
2. From one (1) lowest to three (3) being the Highest, rate how satisfied you were with qualifications, experience
and professionalism of the contractor's personnel? (Circle One)
1 2 D3
3. From one (1) Lowest to three (3) being the Highest, rate the firm's communication regarding confirmation of bus
schedules, conflicts, or other scheduling details? (Circle One)
1 2 3�
4. From one (1) Lowest to three (3) being the Highest, rate the firm's quality of work performed? (Circle One)
S. Were invoices submitted within a reasonable timeframe; and free from errors?
• 6. If you had transportation needs in the future, would you consider AIR B to perform the work again based on
performance?
7. Is there anything we should know while evaluating this vendor? &tail 0-M S t.�J ;1 << � ,) `}U h0- IP -
Name: 4, n—
Signature: vt OL a h a n e.
1
Date: 4/ 22/2019
48
4 1, Q�
TO:
PROJECT:
FIRM:
DATE:
South Miami
THE CITY OF PLEASANT LIVING
REFERENCE CHECK
2 nck -i S S Ck V) CQ, IM , del k e C• \10. J A -C r s cVl 00
Transportation Services
AIR B School Bus Transp, Inc. ("AIR B")
4/16/2019
You were given as a reference by: AIR B School Bus Trans, Inc. It would be appreciated if you could complete the
questionnaire and return it via email to parks@southmiamifl.gov before or by Friday. April 19, 2019.
1. Please describe the scope of work or project details AIR B was responsible for?
2. From one (1) Lowest to three (3) being the Highest, rate how satisfied you were with qualifications, experience
and professionalism of the contractor's personnel? (Circle One)
1
2
3. From one (1) Lowest to three (3) being the Highest, rate the firm's communication regarding confirmation of bus
schedules, conflicts, or other scheduling details? (Circle One)
1
2
U3
4. From one (1) Lowest to three (3) being the Highest, rate the firm's quality of work performed? (Circle One)
1
2
i3�
5. Were invoices submitted within a reasonable timeframe; and free from errors?
Nee d s -t-o oas" %Q S %n-255 0. d rri n
6. If you had transportation needs in the future, would you consider AIR B to perform the work again based on
performance? 0
7. Is there anything we should know while evaluating this vendor?
Name: O n C� c 2—
Signature:
tZa V-c- t I I CL A-e , R i C e a V i d.P— V' 15 ,
good c-or-nMu '% c..o-:k� 0/1.
Date: 4/2'2-/2019
EEO
2019 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# POIOO0009590
Entity Name: AIR B SCHOOL BUS TRANSPORTATION, INC.
Current Principal Place of Business:
7503 NW 7TH ST
MIAMI. FL 33126
Current Mailing Address:
6241 SW 16TH TERRACE
WEST MIAMI, FL 33155
FEI Number: 65-1071106
Name and Address of Current Registered Agent:
AIR B SCHOOL BUS TRANSPORTATION,INC
7503 NW 7TH ST
MIAMI, FL 33126 US
FILED
Apr 08, 2019
Secretary of State
3306273065CC
Certificate of Status Desired: Yes
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: HENRY BELTRAN 0410812019
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Tille PRESIDENT, VP, SECRETARY,
TREASURER
Name HENRY, BELTRAN
Address 7503 NW 7TH ST
City -Stele -Zip: MIAMI FL 33155
I hereby codify Ural the i ro:malkn indieledon this report w svpp'emvnlal mport Is rnfe andaccu2fe andlhal my e/ectmdk aigneture shoal have the same kBat effect as it made order
oath, that 1 am an orficarordheewot the to azecWe Nis roped as roaulmd by Chepler 607. Fladds Slemlas; and that my narra appears
above, w on an attachment wtlh aX ulher his empowered.
SIGNATURE: HENRY BELTRAN PRESIDENT 04/08/2019
Electronic Signature of Signing Of6cer/Direcax Detail
Date
51
a
MIAMI DAILY BUSINESS REVIEW
Published Dady except Saturday. Sunday and
Legal Holidays
Miami. Miami -Dade County. Florsia
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review free Miami Review. a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County. Florida: that the
attached copy of advertisement, being a Legal Advernsemenl
of Nofice in the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI -
MAY 7. 2019
in the XXXX Court,
was published in said newspaper in the issues of
04/26/2019
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County. Florida and that the Said newspaper has heretofore
been continuously published in said Miami -Dade County. Florida
each day (except Saturday. Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
offica in Miami in said Miami -Dade County. Florida, for a period
of one year next preceding the first publication of the attached
copy of advemselment and affrant further says that he or she
has nekher paid nor promised any person, firm or corporation
any discount. rebate. commission or refund for the purpose of
securing this advertisement for publication in the said
newsnaper.
GUILLERMO GARCIA personally known to me
f•YA e; •,- BARGARATHOMAS
Cornaission p GIG 121171
Expires 21
&ndod Tluv Troyn Fainv Interval 800385-TO19
4 ourb,
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ncauw,raso
1927 f
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, May 7, 2019, beginning at 7:00 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following hern(s):
A Resolution authorizing the City Manager to negotiate and to enter
into a multi -year contract with AGC Electric Inc. (primary) and Zone
FJactric Corp. (secondarA for electrical services —as needed —at arty -owned
facilities and parks.
A Resolution authorizing the City Manager to negotiate and To enter
into a multi -year contract with Air B School Bus Transportation Inc. for
vansmiation services on an as -needed basis.
ALL interested parties are invited to attend and will be heard.
For further information, please Contact the City Clark's Office at: 305-
663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency or
Commission with respect to any matter considered at its meeting or hearing,
ITS or she will need arecord of the proceedings, and that for Such purpose Militated
oareon may need to stratum that a verbatim record of the proceedings is made
which record includes the testimony and evidence upon which the appeal
is to be based.
4/26 19-120/0000396457M
53