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Res No 144-21-15744RESOLUTION NO: 144-21-15744 A Resolution authorizing the City Manager to enter into multi-year contract with Beefree, LLC for an On-Demand Transportation Service onto a piggyback agreement from the City of Aventura. WHEREAS, the City implemented On-Demand Service with Beefree, LlC November 1, 2020 under the authority of Resolution No. 142-20-15582 onto a piggyback agreement with City of Del Ray Beach CRA, however that agreement has expired and to ensure there is no interruption of Beefree service to the City, same service and terms, a piggyback agreement was secured from the City of Aventura and; WHEREAS, the City of Aventura conducted a competitive bid process for on-demand transportation service to provided residents, visitors, and business employees with convenient, efficient and free-of-charge transportation options and; WHEREAS, Beefree llC was awarded the contract and provides the on-demand service with neighborhood fully electric vehicles, (NEV), GEMe6 and; WHEREAS, the service for South Miami will operate on a demand response system throughout the boundaries of the City and; WHEREAS, the goal is to help get cars off the road, make transportation more easily available, decrease time residents spend in their vehicles looking for parking, and reduce Downtown traffic and vehicle emissions and; WHEREAS, a summary of the South Miami program is below: • Hourly rate: $24.91 • Annual fee of $186,526.08 • Hours of Service: (Minimum 72 Hours per week, per vehicle) o Vehicle 1: Monday -Friday, 7 AM to 7 PM; 11 AM to 11 PM Saturday o Vehicle 2: Monday -Saturday 11 AM to 11 PM o Vehicle 3: Wheelchair accessible • Advertising Revenue placed on the side of the vehicles will be spilt equally 50/50 on advertising revenue over $72,000 • Drivers Included • Vehicles: 3 each, GEM e6 Electric with at least one (1) wheelchair accessible • Charging Stations: City will receive a $3,600 credit annually to cover three (3) City provided parking spaces at $100 per space. • App Development, Maintenance, and Licensing • Hiring, Training, and Scheduling of Drivers/Ambassadors • Program and Performance Management • Live Data Integration • Vehicle Maintenance Page 1 of2 Res. No. 1 44-2 1 -15744 • Insurance • Marketing, PR, and Outreach • Sponsorship/Advertising Sale s • Transportation Plannin g and Design • Miscellaneous Supplies (Cleaning, etc.) WHEREAS, the annual net co st for this se rvice is $182,926 and will be charged to the Peoples Transportation Plan (PTP) account no. 125-1730-541-3450 which has a balance of $182,926 before thi s reque st was made. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. The foregOing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this r esol ution upon adoption hereof. Section Z. The City Manager is authorized to enter into multi-year contract with Beefree, LLC for an On-Demand Tran sportation Service onto a pi ggyback agreement from the City of Aventura. A copy of the agreement is attached. Section 3. Corrections. Conforming lan guage or technical sc ri vene r-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final re so lution for signature. Section 4. Severability. If any sect ion clause, sentence, or phrase of this resolution is for any rea son held invalid or unconstitutional by a court of competent jurisdict ion, the holding will not affect the validity of the remaining portions of thi s resolution . Section 5. Effective Date . This re solution wi ll become effective immediately upon adoption . PASSED AND ADOPTED this 16 t h day of November, 2021 ATIEST: APPROVED: CITy diiRK 1 COMMISSION VOTE : 5-0 Mayor Philips : Yea Commissioner Harris : Yea Commissioner Liebman : Yea Commissioner Gil: Yea Commissioner Corey Yea Page 2 of2 City Commission Agenda Item Report Meeting Date: November 16,2021 Submitted by: Steven Kulick Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: Agenda Item No:8. A Resolution authorizing the City Manager to enter into multi-year contract with Beefree, LLC for an On-Demand Transportation Service onto a piggyback agreement from the City of Aventura. 3/5 (City Manager) Suggested Action: Attachments: CM_Memo_On_Demand_TranslO.21.21_1_ {l}.docx Beefree piggyback agreement.pdf MDBRAd.pdf 1 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: Shari Kamali, City Manager DATE: November 16, 2021 SUBJECT: A Resolution authorizing the City Manager to enter into multi-year contract with Beefree, LLC for an On-Demand Transportation Service onto a piggyback agreement from the City of Aventura. BACKGROUND: The City implemented On-Demand Service with Beefree, LLC November 1, 2020 under the authority of Resolution No. 142-20-15582 onto a piggyback agreement with City of Del Ray Beach CRA, however that agreement has expired. In an effort to avoid any service interruptions of Freebee service to the City's residents and visitors, the City is piggybacking from the City of Aventura agreement. The City has negotiated the exact same service and terms, as our current Freebee service provides, which are better terms than what was provided to the City of Aventura as part of their competitive solicitation. The City of Aventura conducted a competitive bid proces's for on-demand transportation service to provide residents, visitors, and business employees with convenient, efficient, and free-of-charge transportation options. Beefree, LLC was awarded the contract and provides the on- demand service with neighborhood fully electric vehicles, (NEV), GEMe6. The service for South Miami will operate on a demand response system throughout the boundaries of the City. The goal is to help get cars off the road, make transportation more easily available, decrease time residents spend in their vehicles looking for parking, and reduce Downtown traffic and vehicle emissions. A summary of the South Miami program is below: • Hourly rate: $24.91 • Annual fee of $186,526.08 • Hours of Service: (Minimum 72 Hours per week, per vehicle) 2 (dl South~iami THE CITY OF PLEASANT LIVING AMOUNT: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM o Vehicle 1: Monday -Friday, 7 AM to 7 PM; 11 AM to 11 PM Saturday o Vehicle 2: Monday -Saturday 11 AM to 11 PM o Vehicle 3: Wheelchair accessible • Advertising Revenue placed on the side of the vehicles will be spilt equally 50/50 on advertising revenue over $72,000 • Drivers Included • Vehicles: 3 each, GEM e6 Electric with at least one (1) wheelchair accessible • Charging Stations: City will receive a $3,600 credit annually to cover three (3) City provided parking spaces at $100 per space. • App Development, Maintenance, and Licensing • Hiring, Training, and Scheduling of Drivers/Ambassadors • Program and Performance Management • Live Data Integration • Vehicle Maintenance • Insurance • Marketing, PR, and Outreach • Sponsorship/Advertising Sales • Transportation Planning and Design • Miscellaneous Supplies (Cleaning, etc.) Net Annual Cost for this service: $182,926 Peoples Transportation Plan (PTP) account 125-1730-541-3450 with a beginning balance of $182,926 Resolution Beefree Piggyback Contract Resolution 142-20-15582 3 CONTRACT FOR ON DEMAND TRANSPORTATION SERVICES THIS AGREEMENT made and entered into this ~ day of Oap6€1" ,20 2J by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City'!) and BEEFREE, LLC., (hereinafter referred to. as '"Contractor") whose address is 2312 NORTH MIAMI AVENUE, MIAMI, FL33127 and whose email addressis:jason@ridefreebee.com; WITNESS":'!'H: WHEREAS, THE CITY OF A VENTURA solicited bids pursuant to RFP No. 20-07- 23-3 for ON DEMAND TRANsPORTATION SERVICES: and WHEREAS, THE CITY OF AVENTURA after completing a competitive bidding process, awarded a contract to Contractor; and WHEREAS, the City of South Miami desires to utilize THE CITY OF AVENTURA's RFP No. 20-07-23 .. 3 and Contract with Contractor; and WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to piggyback off of contracts, such as the contract in question between THE CITY OF A VENTURA and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the City of South Miami; and NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same provisions as set forth in the contract between the THE CITY OF AVENTURA and Contractor pursuant to the RFP No. 20-07-23-3 and Contract, as modified by this Agreement. 2. The City has reviewed the contract between the THE CITY OF A VENTURA and Contractor and agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made during the term of this Agreement, under the same price(s), terms and conditions as found in the solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof by reference. 3. All references m the contract between THE CITY OF A VENTURA and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of THE CITY OF A VENTURA as set forth in the contract between THE CITY OF AVENTURA, shall all be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the THE CITY OF AVENTURA RFP No. 20-07-23-3 and Contract between THE CITY OF AVENTURA and the Contractor to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Term. The term of the contract, including all extensions authorized by the contract shall not exceed consecutive five years. . 5. Scope of Goods and Services. The scope of goods and services (which mav hereinafter be referred to as the "Work") are set forth in the attached Attachment A & Bane! any attachments thereto and the City'S purchase order, the latter of which shal1 take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman like manner and in accordance with all state, county and City laws. at the locations. if anv. designated by the City. All of the goods and services reflected in Attachment A & B shall. unless otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services, within N/A days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all pernlits required for the goods and services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived. 6. Contract Price. The contract price for the good and services is set forth in Attachment A or B. If not otherwise set forth in the contract between THE CITY OF AVENTURA and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the City, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions of this Agreement shall take precedence over the terms, provisions and conditions of the contract between Contractor and THE CITY OF AVENTURA. 8. Grant Funding: This project is being funded by N/A and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods andlor services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the terms of the grant. A copy of the grant, if any, is attached hereto and made a part hereof by reference. 9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119 .070 I) while providing goods and/or services on behalf of the CITY and the 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 recards 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 the 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 the contractor or keep and maintain public records required by the public agency to perfonn the service. If thc contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the 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 fonnat that is compatible with the infonnation technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: opayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, or lawsuit arising out of the Contract Documents or the performance of the Work thereunder or any counterclaim, cross-claim or third party claim filed in the same proceeding. 11. Notices: Whenever notice shall be required or pemlitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confimlation for any facsimile transmission Of, ifby certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official CITY receipt stamp showing the date of delivery, otherwise the document shall not be considered to have been hand delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e- mail) or facsimile transmission numbers set forth below or in the introductory paragraph to this contract: To CITY: With copies to: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: skamali@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov 12. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original. 13. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 14. Indemnification: Notwithstanding anything contained in the contract between Contractor and THE CITY OF AVENTURA to the contrary, the City does not waive its sovereign immunity granted by Florida Statutes~ Section 768.28, and the City'S t011 liability shall be limited to the waiver of sovereign immunity provided for in Section 76R.2R. 15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16. E-VERIFY: As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. a) Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. b) Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. c) The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. d) The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. e) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. f) Any contract tennination under the prOVISJOns of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. g) Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (I) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. h) Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and materia] breach of this Agreement. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. BEEFREE,LLC: By: Jason Spiegel Managing Partner ~ ( CJT~:~T~MI By: ~C),..,....o ....... Shari Kamal i City Manager Read and A,pprov d as to Fj~guage, Legality and Execution Thereof. By: ~ Th sF. Pepe City Attorney ATTACHMENT A CONTRACT FOR ON DEMAND TRANSPORTATION SERVICES THE CITY OF AVENTURA o RESOLUTION No 20-07-23-3 o AGREEMENT BETWEEN BEEFREE, LLC & CITY OF AVENTURA o RFP No. 20-07-23-3 CITY OF AVENTURA RESOLUTION NO. 2021-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BIDICONTRACT FOR RFP NO. 20-07-23 .. 3, CITY OF AVENTURA ON-DEMAND TRANSPORTATION SERVICES TO BEEFREE LLC DIBIA FREEBEE IN ACCORDANCE WITH THE RFP DOCUMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted proposals for RFP NO. 20-07-23-3 CITY OF AVENTURA ON- DEMAND TRANSPORTATION SERVICES; and WHEREAS, sealed proposals have been submitted to and received by the City pursuant to the City's RFP notice, soliCitation, specifications, proposals, and requirements for the services as cited above; and WHEREAS, staff has determined that BEEFREE LLC d/b/a FREEBEE has submitted the most responsible and responsive proposal for said services; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said RFP/contract to said lowest responsible and responsive proposer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That proposal/contract for RFP NO. 20-07-23-3, CITY OF AVENTURA ON-DEMAND TRANSPORATION SERVICES is hereby awarded to BEEFREE LLC d/b/a FREEBEE, subject to the City obtaining and executing any required Miami-Dade County Interlaca) Agreement pertaining to the service. City of Aventw"a Resolution No. 2021-10 Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, the attached contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject RFP notice, solicitation, speCifications, proposal and requirements. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this RFP/contract, including but not limited to, the execution of any required Interlocal Agreement. Section 4. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Shelley, who moved its adoption. The motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes PASSED AND ADOPTED this 2nd day of February, 2021. Page lof3 City of A ve ntura Reso lution No. 2021-lQ ATTEST : ===-6A~ :d F ELLISA L. HORVATH , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY : rl~~ CITY ATTORNE Y ENID WEISMAN, MAYOR Page 3 of3 AGREEMENT THIS IS AN AGREEMENT, dated the 2nd day of February, 2021, between: CITY OF AVENTURA a Florida municipal corporation, hereinafter IICITY," and BEEFREE, LLC, a limited liability company d/b/a FREEBEE, authorized to do business in the State of Florida, hereinafter "CONTRACTOR." WITNESSETH: In consideration of the mutual terms and condition, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The CITY seeks to have an independent contractor provide on-demand transporta- tion services to residents and visitors within the CITY and as a result, on June 23, 2020 issued RFP # 20-07-23-3 On-Demand Transportation Services. 1.2 On August 6, 2020 CONTRACTOR was one (1 ) of two (2) firms to submit proposals for consideration of the requested services. The CITY received a proposal from CONTRAC- TOR to provide a mobile application-based transportation and marketing services to CITY residents and visitors via CONTRACTOR's 100% electric and customized low-speed vehi- cles known as "Freebees" (the "Services"). 1.3 On September 22, 2020, the Evaluation Committee interviewed both firms and ranked CONTRACTOR highest. 1.4 At the October 16, 2020 Commission Workshop, City staff and CONTRACTOR made a presentation to the City Commission and it was the consensus of the Commission for staff to negotiate a twelve (12) month contract (trial period) with CONTRACTOR for future consideration. 1.5 CONTRACTOR has developed a service to provide free local transportation utiliz- ing electric carts r'Freebee") and has implemented the environmentally friendly transit service in several South Florida communities. Page 1 of 18 1.6 CITY and CONTRACTOR desire to enter into an Agreement for a twelve (12) month trial period for the provision of the Services as set forth herein. The trial period for CONTRACTOR's service will terminate twelve (12) months from the first date of when the on-demand transportation services become available to the CITY's residents and visitors. 1.7 On February 2, 2021, the City Commission of Aventura, adopted Resolution No. 2021-_, thereby accepting the proposal from CONTRACTOR and authorizing the City Manager to execute this Agreement with CONTRACTOR for the proposed on-demand transportation services. 1.8 The City Manager is authorized to execute an Agreement with CONTRACTOR for services related to the scope of work set forth in the Rates and Services Addendum attached hereto as EXHIBIT IIA" and as more particularly described herein. ARTICLE 2 SCOPE OF WORK 2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies and labor nec- essary to perform a/l of the work described in the Rates and Services Addendum, a copy of which is attached hereto and specifically made a part of this Agreement as EXHIBIT "AI!. 2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with applicable recognized professional standards. 2.4 None of the work or services under this contract shall be subcontracted, unless CONTRACTOR obtains prior written consent from the CITY. Approved subcontractors shall be subject to each provision of this contract and CONTRACTOR shall be responsible and indemnify the CITY for all subcontractors' acts, errors or omissions. 2.5 CONTRACTOR shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements whether federal, State, County or local and of any agency or such government, which relate to or in any manner affect the performance of this Agreement. This includes compliance with any existing or future drug policies, the Americans with Disabilities Act (ADA), Florida Department of Children and Family State Statutes, and any laws and regulations issued by Local, County, State or Federal agen- cies. CONTRACTOR shall be licensed and certified by all appropriate County, State and Local agencies. CONTRACTOR shall procure at its own expense, all necessary licenses and permits. CONTRACTOR shall conform to all applicable laws, regulations or ordinances of the State, County and City. CONTRACTOR shall furnish a copy of all licenses, certifi- cates of competence or other licensor requirements necessary to provide their services Page 2 of 18 as required by Florida State Statutes. 2.6 CONTRACTOR personnel performing services pursuant to this Agreement must present a neat appearance, and must wear distinct clothing bearing the CONTRACTOR'S name for easy identification. All CONTRACTOR employees must wear a distinctive and neat uniform that is acceptable to the CITY. Any color or color combination may be used for the uniforms. The Department Director or designee may request the removal of any employee not properly uniformed. 2.7 The CONTRACTOR'S employee personnel shall undergo background screening and a drug screening prior to providing Services pursuant to this Agreement. The back- ground screening shall comply with CITY protocols and shall include both criminal and driving record components. The Background Check Process will be conducted by Con- tractor, at Contractor's sole cost. The Personnel shall not be permitted to perform Ser- vices under this Agreement until such time as the Background Check Process has been completed and the Personnel cleared by the CITY to perform duties under this Agree- ment. If any Personnel is away from the job for a period of 45 or more days, a new Back- ground Check Process shall be performed. The CONTRACTOR must maintain satisfactory standards of employee competency, con- duct, appearance and integrity, and must take such disciplinary action against their em- ployees, as necessary, to the extent permitted by law. Each CONTRACTOR employee is expected to adhere to standards of conduct that reflect credit on themselves, their em- ployer, the community, and the CITY. Being that the CONTRACTOR will be visible at all times to the public during the performance of its duties under this Agreement, the CON- TRACTOR should ensure its employees continue to adhere to standards of conduct while on breaks. CONTRACTOR'S employees must not sleep or lay down in public view at any time during the performance of duties. If any of CONTRACTOR'S employees are found sleeping or lying down in public view by CITY staff, or if such activity is reported by the public and verified by the CITY, the CITY may impose a performance penalty of $250 per occurrence assessed to the CONTRACTOR. 2.8 The CONTRACTOR'S employees must not possess, distribute, consume, use or cause to be used, any controlled substance or alcohol during the performance of such services. Any CONTRACTOR employee under the influence of alcohol or a controlled substance must not be permitted to perform any services under this Agreement. Any CONTRACTOR or CONTRACTOR employee found to be in violation of this requirement will be permanently prohibited from performing any services under this Agreement. Ac- tions taken under this Section must not relieve the CONTRACTOR of the obligation to provide sufficient personnel to perform adequate and timely services as required in this Agreement. 2.9 The CONTRACTOR agrees that any complaints received by the CITY concerning misconduct on the part of the CONTRACTOR, such as poor services, discourtesy to the public, damage to vehicles, etc., will be referred to the office of the Public Works/Trans- portation Department for appropriate action. The CONTRACTOR agrees to make any complaints concerning the City of Aventura available to the City Manager or his designee for action as required, and the decision of the CITY shall be final and binding. Page 3 of 18 ARTICLE 3 PROJECT TIMETABLE 3.1 The CONTRACTOR shall commence work as directed by CITY and in accordance with a project implementation timeline to be provided to CONTRACTOR by the CITY. CON- TRACTOR shall complete all work in a timely manner in accordance with the project timeline and as stated in EXHI BIT "A" to this Agreement. 3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay due to an Act of God, war, fire, theft, epidemic, pandemic, hurricane, tropical storm, inclement weather, earthquake, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR for which liquidated damages are due. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, for services rendered in accordance with the Rates and Services Addendum attached hereto as EXHIBIT "An. Prices for work completed by the CONTRACTOR shall be as reflected in CONTRACTOR's Rates and Services Addendum attached hereto and made a part hereof as EXHIBIT "A". A total contract price hereto is referred to as Contract Sum and shall not exceed Three Hundred Twenty-Two Thousand Nine Hundred Fifty-Three Dollars and 80 cents ($322,953.80). 4.2 The CITY will make payments to CONTRACTOR for completed and proper services rendered and in the amounts stated in EXHIBIT "A". 4.3 CONTRACTOR is prohibited from placing a lien on the CITY's property. This prohibition applies to; inter alia, all sub-CONTRACTORs and subcontractors, suppliers and labors. ARTICLE 5 CONTRACTOR'S INSURANCE 5.1 The CONTRACTOR shall purchase and maintain, in full force and effect for the life of the Agreement, at CONTRACTOR'S sole expense, the following insurance policies: 1. A business automobile policy which covers any vehicles used in connection with this Agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the CONTRACTOR. Minimum limits for bodily/property damage liability shall be one million dollars ($1,000,000.00) per occurrence. 2. A comprehensive general liability policy with minimum coverage limits of three million dollars ($3,000,000.00) for bodily injury and property damage per occur- rence. Page 4 of 18 3. A workers' compensation and employer's liability policy which covers all of the CONTRACTOR'S employees to be engaged in work on this contract as speci- fied by and in accordance with F.S.S. 440. The City of Aventura shall be named as additional insured on policies listed as 1-2 of the CONTRACTOR'S above required policies of insurance except for the Workers' Compen- sation insurance. The form and types of coverage and sufficiency of insurer shall be sub- ject to approval of the City Manager. Copies of all policies or certificates of such insurance shall be delivered to the CITY, and said documentation shall provide for the CITY to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. The CONTRACTOR shall also, upon request by the CITY, provide copies of all official receipts and endorsements as verification of CONTRACTOR'S timely payment of each insurance policy premium as required by this Agreement. ARTICLE 6 PROTECTION OF PROPERTY 6.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and all properties served from all damage whatsoever on account of the work being carried on pursuant to this Agreement. ARTICLE 7 CONTRACTOR'S INDEMNIFICATION 7.1 The CONTRACTOR shall indemnify and hold harmless and defend the CITY and its officers, agents, employees and instrumentalities from any and all liability, claims, lia- . bilities, losses, and causes of action, including attorneys' fees and costs of defense which the CITY or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating to or resulting from any willful misconduct, reckless act, or negligent act or omission by the CONTRACTOR and/or its officers, employees, agents or independent contractors in the provision of services hereunder. The CONTRACTOR shall be required to pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. For any matters in which CONTRACTOR is obligated to pay for the CITY's legal defense hereunder, CONTRACTOR shall be permitted to retain coun- sel of its choosing for both CONTRACTOR and the CITY, provided that such legal coun~ sel is reasonably acceptable to the CITY, which consent shall not be unreasonably with- held. The CONTRACTOR expressly understands and agrees that any insurance protec- tion required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility of CONTRACTOR to indemnify, keep and save harmless and d~fend the CITY and its officers, employees, agents or instrumentalities as herein pro- Page 5 of 18 vided. Furthermore, the parties understand and agree that the covenants and represen- tations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 RESERVED ARTICLE 10 RESERVED ARTICLE 11 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 11.1 The CITY or CONTRACTOR may request changes that would increase, decrease or otherwise modify the Scope of Services/Basic Services to be provided under this Agreement as described in ARTICLE 2 of this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, mutually executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. It is recognized that if the CITY decides to add additional vehicle(s), which would operate during the same service days and times under the initial scope to those initially provided, that the monthly cost shall be increased proportionally as computed by the CITY'S Finance Director, and mutually agreed upon by both parties. Each amendment shall at a minimum include the following information on each project: Page 6 of 18 PROJECT NAME PROJECT DESCRIPTION ESTIMATED PROJECT COST ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE 11.2 In no event will the CONTRACTOR be compensated for any additional work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 12 TERM AND TERMINATION 12.1 The initial Agreement shall be for a trial period of Twelve (12) months in a limited area of the CITY, and shall take effect as set forth in the Rate and Services Addendum, set forth in EXHIBIT "A" hereto. If the service is successful, the CITY may wish to expand these services to other parts of the CITY, and subject to approval by the City Manager and CONTRACTOR, the CITY and CONTRACTOR may by mutual agreement, agree to extend the Agreement for two (2) additional. (1) one-year periods, at the same or substantially similar terms, conditions and specifications. In the event services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), it shall be incumbent upon the CONTRACTOR to continue the service, if requested by the CITY, until new services can be completely op- erational, provided that the CITY compensates CONTRACTOR for such continued ser- vice at the same monthly rate as provided hereunder. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing Agreement. 12.2 Either the CITY or CONTRACTOR may terminate this Agreement any time and for any reason upon giving thirty (30) days' notice to the other party. 1. If this Agreement should be terminated for convenience as provided herein, the CITY will be relieved of 'all obligations under this Agreement. The CITY will only be required to pay that amount of the contract actually performed to the date of termi- nation. Upon such payment, both parties shall be relieved of any further obligations under this Agreement. 2. This Agreement may also be terminated by the City Manager, or designee upon such notice as the City Manager, or designee deems appropriate under the cir- cumstances in the event the City Manager or designee determines that termination is necessary to protect the public health, safety or welfare. 12.3 In case of default by the CONTRACTOR, the CITY may cancel the Agreement, procure the services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. Page 7 of 18 ARTICLE 13 CONTRACT DOCUMENTS 13.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: this Agreement; CONTRACTOR's Rates and Services Addendum for transportation services to residents and visitors within the CITY as set forth in and made a part of this Agreement as EXHIBIT "AU; and all other exhibits thereto. ARTICLE 14 MISCELLANEOUS 14.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.2 Assignments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any Circumstances, by CONTRACTOR without the prior written consent of CITY, which shall not be unreasonably withheld. For purposes of this Agreement, any change of majority ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. In the event that the majority ownership or control of the CONTRACTOR changes hands, CONTRACTOR shall promptly notify CITY in writing pursuant to the Notice Section herein of such change in ownership or control at least 30 days prior to such change, and CITY shall have the right to terminate this Agreement upon 30 days written notice, at CITY'S sole discretion However, this Agreement shall run to the CITY and its successors and assigns. 14.3 Records. CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times fo'r examination and audit by CITY upon reasonable notice to CONTRACTOR, and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. PUBLIC RECORDS 1. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's pos- session or control in connection with CONTRACTOR's performance under this Agree- ment. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall 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 Agreement, and follow- ing completion of the Agreement until the records are transferred to the CITY. Page 8 of 18 2. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not, exceed the cost provided by Chap- ter 119, Florida Statutes, or as otherwise provided b/law. 3. Unless otherwise provided by law. any and all records, including but not limited to reports, surveys, and other data and documents provided or created exclusively in con- nection with this Agreement are and shall remain the property of the CITY. 4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY. within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technol- ogy systems. Once the public records have been delivered upon completion or termina- tion of this Agreement, the CONTRACTOR shall destroy any and all duplicate public rec- ords that are exempt or confidential and exempt from public records disclosure require- ments. 5. Any compensation due to CONTRACTOR shall be withheld until all records are re- ceived as provided herein. 6. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: City Clerk's Office '. 19200 W.Country Club Drive Aventura, FL 33180 (305) 466-8901 horvathe@cityofaventura.com 14.4 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY, except to the extent that such items constitute CONTRACTOR's trade secrets or proprietary information, which are and shall remain the exclusive property of CONTRACTOR. 14.5 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For Page 9 of 18 the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City: Copy To: Contractor: Mr. Ronald J. Wasson City Manager City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Mr. David M. Wolpin City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Ft. Lauderdale, FL 33301 Mr. Jason Spiegel Managing Partner Beefree, LLC d/b/a Freebee 2312 N. Miami Avenue Miami. FL 33127 14.7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that they have full legal power to execute this Agreement on behalf of the party for whom they are signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 14.9 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 14.10 Severability. If any proviSion of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 10 of 18 14.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. 14.12 Venue. Any litigation arising out of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County. 14.13 Attorney's Fees. I n the event of a dispute or litigation brought to enforce the terms this Agreement, each party shall be solely responsible for its own attorneys' fees and costs. 14.14 Extent of Agreement. This Agreement together with Contract Documents, attached as an Exhibit hereto, as amended herein above represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 14.15 Waiver. Failure of the CITY or CONTRACTOR to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right but the same shall remain in full force and effect. 14.16 Scrutinized Companies. A. CONTRACTOR certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement at its sole option if the CONTRACTOR or its subcontractors are found to have submitted a false certification; or if the CONTRACTOR, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars ($1,000,000.00), the CONTRACTOR certifies that it and its su bcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement at its sole option if the CONTRACTOR, its affiliates, or its subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. The CONTRACTOR agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. As provided in Subsection 287.135(8)1 F.S., if federal law ceases to authorize the Page 11 of 18 above-stated contracting prohibitions then they shall become inoperative. 14.17 Discriminatory Practices. The CONTRACTOR shall not deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orien- tation, religion or national origin. The CONTRACTOR will strictly adhere to the equal em- ployment opportunity requirements and any applicable requirements established by the State of Florida, or the Federal Government. Anti-BDS Clause: By responding to the, RFP, CONTRACTOR certifies and agrees that it is not currently engaged in, nor will it engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. ARTICLE 15 DISPUTES 15.1 If any dispute concerning a question of fact arises under this Agreement, other than termination for default or convenience, the CONTRACTOR and the CITY's Administration shall make a good faith effort to resolve the dispute. ARTICLE 16 RESERVED Page 12 of 18 IN WITNESS WHEREOF , the parties have executed th is Agreement on the re- spective dates under each signature : The CITY , signing by and through its City Manager, attested to by its City Clerk, duly authorized to execute same , and by CONTRACTOR, by and through its Managing Partn er AUTHENTICATION : Ellisa L. Horvath , MMC City Clerk (SEAL) , duly authorized officer to execute same. CITY C ITY OF AV ENTURA, FLORIDA /7 By 11J-64i~--fl.-- Ronald J . Wasson , City Manager APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF AVENTURA, FLORIDA , ONLY David M . Wolpin , City Attorney Page130f18 ./ CONTRACTOR BEEFREE, LLC d/b/a FREEBEE WITNESSES: By: ~ L. ~~~~~~~~~~~~~=------=---------son Spiegel on behalf of BEEFREE, LLC d/b/a FREEBEE /" / ATTEST: \' I' STATE OF FLORIDA) COUNTY OF MIAMI-DADE) ) SS (Name of person aking statement) / Personally known to ~e ~ or has produced Identificatiph --, type of identifica- tion produced. ___ \r-'-:../_A _________________ """"i/~- / (NOTARY SEAL HERE) SIGFJATUR~ OF NOTARY PUBLIC • 6~ ~ .. , EMMANUEL GARCIA W·O. ~ NotarY Public· State of Fklrtcta PRINT, riPE/STAMP NAME OF NOTARY 3if· Cormnhsion' GG 981405 I t:/Ff\.fI'/ My Comm. bplres Aug 7. 2024 I Bonded throuBh National Notary ASsn. Page 14 of 18 EXHIBIT "A" BEEFREE, LLC d/b/a FREEBEE "RATES AND SERVICES ADDENDUM'~ (Rates and Services Addendum for "Freebee l ' Transportation Services) This Rates and Services Addendum ("Addendum") supplements the Agreement be- tween BEEFREE. LLC d/b/a FREEBEE ("FREEBEE") and CITY OF AVENTURA ("CITY"), made and entered into on February 2, 2021 (the "Agreement"). This Addendum is subor- dinate to, and fully incorporates the terms and conditions of the Agreement, unless expressly stated otherwise herein. In consideration of the promises and covenants contained herein, and for good and valuable consideration,· FREEBEE and CITY (collectively, the "Parties"), intending to be legally bound, hereby agree as follows: 1. Term. The term of the Services set forth under this Addendum shall commence upon delivery and deployment of the vehicles within the CITY as set forth in Section 2 below but no later than on a date mutually agreed upon, and shall remain in full force and effect for twelve (12) months from the commencement date (the "Term"), unless ter- minated sooner pursuant to the terms of the Agreement. 2. Services. This Addendum is limited in scope to the following services (the "Services"), which FREEBEE agrees to provide to CITY at the rates specified herein (the "Rates"): a) FREEBEE will provide two (2) "Freebee" vehicles dedicated to CITY (the "Ve- hicles") for the duration of the Term. Both Vehicles dedicated to CITY will be wheelchair accessible, and FREEBEE will otherwise use its best efforts to be and remain in compliance with all Americans with Disabilities Act ("ADA") re- quirements. FREEBEE shall be responsible for providing appropriate training to its drivers who will be operating the wheelchair accessible Vehicle, including but not limited to, training as to the operation of the ramping system and secur- ing of wheelchairs. b) FREEBEE will operate the Vehicles within the CITY's designated service area at all times during CITY's operating hours (weather and conditions permitting) as reflected in Sedion 5 herein, with the exception being when a driver takes their thirty (30) min,ut~l!!~~1 bre~~. At such times during a driver break, one 0) vehicle will 'bE!-in Qperation and FREEBEE will try to limit this to downtime in service. FREEBEE agrees that, to the extent feasible, at all times during CITY's operating hours, both wheelchair-accessible vehicles will be available to ac- commodate passengers, upon request, and FREEBEE will operate the ramp- ing system and secure any wheelchairs to the vehicle should such accommo- dations be requested. c) Prior to'the begi.oning of the Term, FREEi3EE will deliver to CITY at laasione (1) f~st ~arget for charging the Vehicles. The fast charger will remain property of FREEBEE but will remain in the CITY for purposes of charging the Vehicle throughout the Term. At the conclusion of the Term, FREEBEE shall be entitled to retake possession of the fast charger. FREEBEE shall be solely responsible for all electricity fees, costs and expenses. d) Prior to the beginning of the Term, FREEBEE will add CITY as an additional insured on FREEBEE's automobile insurance policy of at least one million dollars ($1,000,000.00), and on FREEBEE's general liability policy of at least three million dollars ($3,000,000.00). CITY will remain as an additional Page 15 of 18 insured on said policies throughout the Term. FREEBEE must also other- wise comply with the insurance requirements as set forth in the Agreement. e) FREEBEE will assist CITY in developing a marketing plan to encourage rid- ership on the Vehicles during the Term. f) Beginning with the second month of the Term and continuing for each month of the Term thereafter, FREEBEE will provide CITY with a monthly report show- ing data and analytics related to ridership in the Vehicles for the preceding month(s). FREEBEE will provide these reports within ten (10) business days of the last day of each month, unless another time frame is agreed to between the Parties. g) FREEBEE agrees that any questions, complaints, or concerns reported to FREEBEE (through its drivers or otherwise) regarding ADA issues will be re- ported to the CITY within one (1) business day. h) FREEBEE shall utilize its best efforts to assist CITY with the related Miami- Dade County Interlocal Agreement and with a/l related County requirements. 3. Rates. As consideration for the SeNices listed above, CITY shall pay FREEBEE at the following Rates: a) The total payment for the Services to be provided under this Addendum shall not exceed Three Hundred Twenty Two Thousand Nine Hundred Fifty- Three Dollars and 80 cents ($322,953.80).with the ability to subsidize total payment with advertising revenue, as stipulated under Section 5(d) herein. b) The breakdown for the Services charge is as follows: i. Two (2) XL Vehicles ii. Service: Monday through Sunday 7:00 am -11 :00 pm. iii. Ninety-Eight (98) Hours of labor per vehicle weekly (weather and con- ditions permitting) iv. Cost: $322,953.80 Annually 4. Payment Terms. CITY agrees to pay the Rates in monthly installments, as follows: a) Twelve (12) payments of approximately $26,912.82 per month, payable on or before the 15th of each month, beginning upon delivery and deployment of the vehicles as set forth in Section 2 above. 5. Additional Terms. a) CITY's operating hours, as contemplated in Section 2.b. above, shall be as follows: Monday through Sunday 7:00 am -11 :00 pm. These hours may be modified by mutual written agreement of the Parties as ridership data becomes available throughout the Term. b) CITY shall be responsible for installation and maintenance of the fast charger(s) and any costs associated therewith at all times after acceptance of the delivery described in Section 2.c. above. c) FREEBEE will operate the Vehicles in CITY'S designated service area map as delineated in EXHIBIT "B" (Subject to Revision as Necessary). d) Should local law allow for FREEBEE to sell advertising space on the Vehicles at any time during the Term, and provided FREEBEE is able to sell such ad- vertising space, FREEBEE may enter into separate agreements with advertis- ers for the placement of advertising on the Vehicles. All advertising shall be subject to CITY's approval prior to placement on the Vehicles. Any advertiSing revenue generated from the sale of advertising on the Vehicles during the Term shall be divided equally between FREEBEE and CITY, with each entitled to Page 16 of 18 50 0/0 of advertising revenue that is generated and actually received. CITY shall be permitted to apply its share of such revenue, if any, towards subsidizing the Rates it has agreed to pay hereunder. Nothing in this section should be deemed to constitute a guarantee that FREEBEE will sell such advertising space or generate any revenue by selling advertising on the Vehicles during the Term, and CITY expressly acknowledges that no such guarantee has been made by FREEBEE. Page 17 of 18 " i --" I ~ "---::::~~~""::~"~~~~'~'~"'~';'~~---~~'~-~"~--~---.-'----~~==~'~.~~~~--i"~ ..... ~ c !!, ~ i <4i I , " , J - CITY OF AVENTURA REQUEST FOR PROPOSAL On-Demand Transportation Services RFP # 20-07-23-3 Advertisement Date: Tuesday, June 23, 2020 All Questions Due: Friday, July 17, 2020 by 5:00 PM Submission Due date: Thursday, July 23, 2020 at 3:00 PM Office of the City Manager City of Aventura Submit to: Government Center 19200 West Country Club Drive Aventu ra, Florida 33180 On·Oemand T ransportalion Services Request lor Proposa l RFP # 20-07-23-3 T ABLE OF CONTENTS CON TEN TS TABLE OF CON TE NTS FORMAL REQUEST FOR PROPOSAL SECT IO N I INST RUCT ION TO PROPOSERS I. I-SCOPE OF SERV ICE I.2-PROPOSAL SUBMITTAL REQ UIRLME;\TS I.3-M INIMU'li1 QUALIFICATIO NS 1.4-ACRONYMSIDE FI N ITIONS I.S-AD DE NDA , CHANGES OR CLARIFICATION 1.6-MOD IFI CATION OR WITHDRA WAL OF A PROPOSAL 1.7-L ATE PROPOSALS , LAT E 'liIOD IFI CATIONS, A1\D LATE I\'ITHDRA WALS I.S-EVALUATION CRITERIA AND PROCEDUR ES 1.9-PR EFERENCE TO LOCAL BUSINESS 1.10-AGRED1ENT PERJOD A~D CONTRACT REl'EWA L I.II -CITY·S RIGHTS RESERVED S e CT ION 2 GENERA L COND ITIO NS 2.I -COMPLIMCE WITH LA WS . LICENSING REQ U IRE~1ENTS A,'JD TERMS OF CONTRACT 2.2-INSURANCE 2.3-L1AB ILI TY 2A-UN I FORM ! A PPEA RANCE 2.S-STANDARDS OF CONDUCT 2.6-ALCOHOL AND CO TROLLED SliBSTA~CES 2.7-CONE OF SILENCE PROVIS ION 2.8-CA'vIPAIG N FINANCE RESTRICTIONS ON VENDORS 2.9-PUBLIC ENT ITY CRI~1E1D I SQUALlFICATI0~ 2.1 O-CONF LI CTS OF INTEREST 2.1 I -PUBLI C RECORDS LA W 2.12-CON FIDENTIALITY 2. I 3-SCRUT INIZE D COMPAN IES PURSUANT TO SI:CT ION 287.135 . FLORIDA STATUTES 2.14-AU DIT RIGHTS 2.IS-I-IOLD HAJUvlLESS 2 .16-INDEM NIFICAT ION 2.17-CON TRA CTOR'S RELAT ION TO THE C ITY Page 2 PAGE NO . 2 S 6 6 7 7 10 II II II 13 13 13 15 IS 16 16 16 16 17 18 21 21 22 23 23 23 24 24 24 19200 West Country Club Dr ive _ Aventura, FL 33180 -305-466-8900 _ cityofaventura.com 1.IS-NO CONTINGENT FEE 2.19-D ISC RIMI NATORY PRA CTICES 2.20-DISP UTES 2.2 I -ATTO RNEY FEE'S 2.22-COMPLA IN T S 2.23-PROTEST PROCED URE 2.24-STRlKES AND LOCKOUTS 2.25-SUB -CONTRACTORS 2.26-SECONDAR YIOTHER VENDORS 2.27-ASS IGNMENT 2.28-ID ENTICAL (T IE BIDS) 2.29-CANCELLATION DO-NONCONFORMANCE TO CONTRACT 2.31-DEF A UL T PROVISION 2.32-TERM INATION OF CONTRACT 2.33-CO TRACT CONTINUITY 2.34-0T H ER GOVERNMENTAL AGENC IES SECTIO N 3 SE R V ICES SOUG HT 3.I-BACKGRO UND 3.2-SERV ICES SOUGHT 3.3-MARKETING AN D PROM OT IONS PLAN 3.4 -SERV ICE ARE BOUNDR Y 3.5-0PERATING DUR ING A DECLARED EMERGENCY 3.6-CO 'TRACTOR 'S RESPONS IBILITIES 3.7-COMMUNJCATJO NS On-Demand Tra nspo rtation Services Requesl for Proposal RFP # 20 -07-23-3 3.8-PERFORM ANCE, OPERATIONS, AND PERSONNEL STANDARDS 3.7-PROPOSAL FORi"1AT SECTION 4 RESPONSE SUBM ITTAL FORMS 4. I -RESPONDENTS CE RTIFI CA TION 4.2-FEE PROPOSAL FORM 4.3-0 BID OR PROPOSA L RES PO NSE 4.4-P ROPOSE R·S QUEST IONNAIRE 4.5-CLIENT REFERENCE LETTER 4.6-0THER REFERENCES 4.7 -INDEMN IF ICATI0 'CLAUSE 4.8-S WORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA S T ATUTES, ON P UB LI C ENT ITY C RIM ES 4.9-BUS INESS ENTITY AFFIDAV IT 4.1 O-DRUG -FREE WORKPLACE AHIDA VIT 4.11-'TI-KICKBACK AFFIDA V IT 4. I 2-NON-CO LL US IVE AFFIDA VIT Page 3 19200 West Country Club Drive • Aventura, Fl 33180 • 305 -466-8900 • cltyofaventura,com 24 24 25 25 25 25 25 26 26 26 26 26 26 27 27 27 27 28 28 28 29 29 29 30 3 1 32 34 36 37 38 4 8 49 51 52 54 56 57 58 On-Demand T ranspo rtation Services Request for Proposal RFP II 20 -07-23-3 4.13-SCRUTINIZED COMPAN IES PURSUANT TO SECTION 287.135 ,FLORIDA STATUTES 60 4.14-W-9 REQ UEST FOR TAXPA YER IDE!\TIFICA TlON NUMBER AN D CERTIF IC ATION 6 1 Page 4 19200 West Country Club Drive • Aventura, Fl33180 • 305-466-8900 • cityofav entura.com On-Demand Transporta tion Services Request for Proposal RFP # 20-07-23-3 The City of A ventura is seeking responses from qualified proposers to ente r into a contrac t with a p roposer [Q provide On-Demand T ransportat ion serv ices con sistmg of a flexib le fixed rOUie fo r a trial period of twelve (12) 11l 0nt hs within the C ity. Sealed pr oposals will be recei ved at th e Office of the C ity Manager, City of Aven tu ra. FL 33 180 until 3:00 PM (ES T ), on Thursday, Jul y 23, 2020 . The purpose of th is request for proposa l is to establish the 1110st effec tive and efficient methods o f providing th e highest quality contract ror t he on-demand lransponation services w ith a flexible fixed route and to include dc\·elopmem. deployment marketing and customer s ervices . The Reque s t for Proposa ls w i ll be received a nd opened a t: O ffice of the C it y Ma n age r C ity of Ave ntura Go vernmen t Center 19200 'We st Co untry C lub Dri \'{' Ave ntura, FL 33 180 S ubmittal s m ust be r eceived at t h e above address no later than 3 :00 PM (EST), on Thursday, July 23 , 2020 a nd cl earl)' marked o n th e outside of e nvc lope "O:'<-'OEMAI\D TRANSPORTA TlO:'< SERVICES : RFP # 20-07-23-3 ." L~lt c s uhmittals will n ot be accepled and sha ll be return e d un opened. lnterested firms should obtain th e Reque st for Proposals (RFP ) package from www.dema ndsta r.co m or www.citvofaventura.comlfinanc e!bids.shtm l. on o r after June 23, 2020. The RFP package contains infonnat io n about the Statement of \Vor k, pro posal submi ss ion requirements and selection proced ure resulting f rom this RFP . Any or all questions shall be su bmitted in w riting to Indra Sarju . Purchasing Agent at Fax No : (305) 466-8939 or emailedtosarju ii1ilcityofaventura.com. Pursuant to C ity Code Sec. 2-260 (Ordinance 2002-12). public nOlice is he reby given that a "Cone of Silence·' is imposed co ncem in g this City's' competitive purchasing process, which gene rally prohibits communi cat io ns concerning the RFP fTO Ill th e lime o r advenisement of the RFP unt il the begin ni ng o f the C ity Commission meeting at which the Ciry Manager makes a w r inen reco mmendation to the C ity Commission concerni ng the competitive pu rchase transaction. Pl ease see the de tailed specificati o n s for the public solicitation for services for a statement rul1y disclosing the rcquiremems of th e -'Cone of Silence.'· Pu rsuan t to Ord inance 2005-I 4; C ity Code Sec t ion 2-420. ve ndors of the C ity are proh ibited fro m in any way providi ng campaign co ntribu t ions to Ci ty Commission ca nd ida tes, Please see the de taile d s pecification s o f thi s sol icit ation lor furthe r d e tai ls. The City of Aventura reserve s th e right to request clarification of information submiued a nd to request addi tional infonnation. The City also reserves the right to accept or reject any andlor all proposals or parts of proposals with or without cause, to workshop or negotiate any a nd all proposals, to waive any or a ll irreg ul ari ties and to request re-proposals on the required materia ls or servi ces. Ronald 1. Wasson Cit y Ma nager Page 5 19200 West Country Club Dr ive • Aven tura, FL 331 80 • 305-466-8900 • cityofaventura.com SECTION I INSTRU C TION TO PROPOSERS 1.1 SCOPE OF SERVICE On-Demand Tr ansportatio n Services Request for P roposal RF P # 20 -07-23-3 Thi s Reque s t fo r Proposal see ks a service prov ider to opera te fl ex ib le On-Dcmand Trans ponatio n Services. The City of Aventura (the "City") intends to secure the services of qua lified. experienced and lice nsed , where ap plicable, Contractor (the "Comractor n ) in acco rdanc e with the te rms , conditions and speci fic ations contained in this Requcs i for Proposal (R FP). II is the in lcnt of Ih is RJ 'P documen t that a ll serv iccs s hall result in com pliance with Section 3 Serviccs Sought Speci fi cal io n s and a ll rcgulatory requi rcmenls applica ble to such projccl which will commcnce o n or aboul Oelober 2020. 1.2 PROPOSAL SUBVIlTTAL REQ U IR£VI EN T S Pro pos er's Response include all as pe c ts of the On-Demand -I rans pol1ation Serv ices . con s is(ing of se n ice tha t will opcrale lo nday through Sunday from 7:00 AM to II :00 I'M. Additionally_ the Ci ty may rc qu est service during holidays . s pec ial events or non-business hours. Failure 10 clearly identify the Pro gra m that the Proposer will provide v. ill result in the Response being deemed non-responsive. Where a conf1ict ex ists between an y o f the documents su bmitted by the Pr oposer. the or iginal se t of docu ment s will prevail. RPF s will be accepted, until 3:00 PM, T h ursday, Jul y 23. 2020, the Due Date , by the City of Avent u r" 10 select a Co ntr actor to provide On-Demand Transportation Services as required by [he City. RFPs sha ll be s ubmitted in a scaled package clearly idc n ti fi e d as "RFP FOR ON -D E .VIA~D TRANSPORTATION SERVICES : RFP# 20-0 7-23 -3.'- In o rder 10 facil itatc re view o f the RFP s, each Propo se r must s ubmi t one (I) original unbound and one (I) C ll pi llS four (4) bound copies fo r a 10 l al offive (5) co mp lete sets of all proposal forms. RFP s sha ll bc submitted to th e Office of the City Manager_ City of Aventura_ 19200 Country Club Drive_ A venlura. Florida 33180. Questions cO l1 ceming th is bi d should be direc ted in writing 10: Indr a Sa rju, P urchas in g A g e nl 19200 W. Coun try Clu b Drive A ve mu ra . Florida 33180 Fax: (305) 466-8939 Email: sar jui @c ityofaventw-a .co m A ll questions rega rdin g thi s Re ques t for Propos al arc due on or be fore 5:00 PM un Friday, June 17, 2020 . No pi cas of ignoran ce by th e pr opose r of co nd iti ons th at exist , or th at may he rei nafte r ex ist as a result of failure to make the necessary exami nati ons or investigations or failw-c to fulfill in eve ry de tail the re qui rcmcms of the co ntrac t doc um ent s, will be accepted as basis for va ryi ng the requirements of the City of Av ent ura o r the compe nsatio n orthe prop ose r. Page 6 19 200 West Country Club Drive • Aventura, FL 33180 0 305-466 -8900 • cityofave ntura.com On-Demand Tra nsportatio n Services Request for Proposal RFP # 20-07-23-3 THE RESPONSlB1 LlTY FOR OBTAfNlNG AND SUBMITT ING A PROPOSAL TO THE Ol'F ICE OF T H E CITY MANAGER ON OR BEFORE THE STATED DATE AND TIME OF: T h ursd ay, Jul y 23, 2020 at 2:00 P:I'I (EST) IS SOLELY AND ST RI CTLY THE RESPONStBlLITY OF THE PROPOSER. T H E CITY IS NOT RESPONS IBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERV ICE, INCLU DI NG THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY PR OPOSAL RECEIVED AFTER THE DATE AND TIME STATED IN THE SOLICITATION TIMETABLE IN T HIS REQUE ST FOR PROPOSALS WI LL NOT BE OPENED AND WILL NOT BE CONSIDERED . TELEGRAPHIC OR FACStMILE PROPOSALS SHALL NOT BE CONSI DERED . Hand-carried Proposa ls may be delive red to the above address during the City's regular business hours: !VIo ndays through Fridays , exc luding holidays observed by the City, bu t not beyond th e D ue Da te aod Time. Prop osers arc responsible fo r informing any commerc ial delivery se rvice, i f used, of all deliver y requ ire ments an d for ensuring th at the required infonna li on appears all the aliter wra pper or envelop e used by such service. The Proposals must be s ignc d by an authorized officcr of thc Proposer who is legally aut ho ri zed to entcr into a co ntractual rel a ti ons hip in th e name of the Proposer. The s ubmitta l ofa RFP b y a P ropose r will be considered by the City as constituti ng an offer by the Proposer to perfOim the requi red serv ices. and/or provide thc rcquired goods, at the p ricc negotiated by both the City and Proposer. 1.3 M I i\I MUM QUALIFICATION REQUIREMENTS Proposers must be li eenscd and cenified to operate th ese programs i n !VIiami-Dade County. Proposers must have continuously operated over the past five (5) years as a provider of on-demand transponation se rvices. The service must have been provided at the site of the public entity or owner, not on the property of the Proposer. 1.4 AC R ONYMS/DEFINITIONS For the purposes of thi s Request for Proposal (RrP), the following acrony ms/definitio ns will be Used: A cceptance: Acceptance by the City of the Work as being fully compl ete in accorda nce wi th th e Contract Documents subject to waiver of cla im s. Adde nd a /Addendum: Wr itten or graphic instr u me nts issued prior to the RFP opening which modify o r in terpret th e Contract Documents, Draw ing s and Spec ifications . by addit ion, de le ti ons, clarifications or conections. Ag r eemenl: The Written Agreement between the City and the Contmctor covering the Work to be perfonncd , whic h includes the Contract Documents. App ro ved: Means approved by the City . Page 7 19200 West Country Club Drive • Aventura , FL 33180 • 305-466-8900 • cityofaventura.com On~Oemand Transportation Serv ices Request for Proposa l R F P # 20 -07-23-3 Base Price Proposa l ~ Th e orrer the Proposer sub mits 011 the presc ribed [0 1111 setti ng folth th e prices for the Work to be perfonned per RFP . C h a nge Orde r: A written order to the Contractor signed by the City autho riz in g an additio n, deletion or revision in th e \\f o rk . or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. Cit 'y/Owncr : C ity of Aventura or de s igna ted repre se ntative when approp ri ate. Commission: The Icnn Commission as u~ed throughout Ihis document will mean the City Co mmi ss ion or City or A ventura, F lorida. Competitive Solicitation: Means nn invi tat ion for bid. a request for propo sal. or an invitation to negotiat e . Consultant : A finn that has e nt ered into a separate ag reement with the Ci ty for th e provision of professional se rvi ce s. Contract: Shal l rerer to the Contrac t lhat may result rrom this R..FP. Co ntract Documents: Shall include all documents request to be a res ponsive proposer. Co ntract Pr ice: Th e total monie s payable 10 the Contractor unde r the Contract Document s. Contract T ime: The number of calendar days stated the Agreement for the com pl etion of \Vork. Co ntract in g Office r: The indiv idual who is authorize d to sign the contraci documents on behalf of the City's governing body. Contractor: The organization (s)/ind ividual(s) Ih:1I is aw ar ded an d has an approved cO lllr aC l with the City for the services identified in this R..FP. Day : A calendar day of twenty-four hours measured from midni gh t to the next midnight. Des ign ee: A person(s) selected by the Ci ty \-!anager to carry Ollt a dut y or ro le. Director; The indi vi dual(s) assigncd by the City Manager or designee to manage the projec t. D u e Date an d Time: Shall refer to the due date and time lis ted in t he Soli citatio n Timetable of this Solicitation. Eva lu ati o n Co mmi ttee: .t\.n independcnt com mittee co mpr ised so lely of City staff and consultants of the City established LO review proposals subm itted in re spo nse to the RFP, evaluate the proposals: and recommend a Proponen t(s). FSS : Florida State Statutes. Page 8 19 200 W est Cou nt ry Clu b Dr iv e • Aventur a, Fl 33 1 80 • 305 ~466 ~8900 • cityofaventura.com On-Demand Tr ansportation Services Request for Proposal RFP # 20-07 -23 -3 May: Indic ates somet hing that is not manda tory but pcnnissible. Modification : Modification means anyone of the fallowing: (a) a writt en amendment of the Contract Documcnts sig ned by both panics, (b) a Change Order, (c) a wr itte n clarification or interp retation if issued by th e C it y. or (d) a written order for mino r change or alteration in the Work issued by the City. A mod ifi catiOIll11ay o nl y be issued after execution of the Agreement. Non-Compliant Work : Work perfonned by the Co ntracto r that has been dc tcml ined through City ins pection to not me et lhe Performance Standards. :"Iot ice of Award: The written nOlice by C ity to the apparent successful Pro poser stat ing that upon compliance with the conditions precedent to be fulfilled by him/her within the time specified , City will execute and deliver the Agreement to him/her. Offeror: Shall refer to any offer(s) submitting an Offer in respo nse to this Rcquest for Proposal. Performance Standards : The des ired results established for each type of Work described in the RFP , neecssary to be deemed Sat isfacto ry. Project: A task or series of tasks that the Contrat:tor must complete in accordance \vith the Contract Doc uments. Purcha se Order: A documcnt issued by the Cit y approving Supplemental Scrvices to the Contractor. Proponent: Organizatio n/indi vidual submitting a bi d/proposal in response to th is RFP. Proposer: S ha ll re fer to a nyo ne su bmitt ing a Pr oposal in re spo nse to th e IU'P. Provider or Successful Proposer: S hall refe r to tbe Propose r receiving an award as a Rcsu lt of thi s RFP. Qualit~y Control: Th ose actions taken by the Contractor to ensure lhe Contractor's performance meets the Perfonnance Standards. Rc-Work: Cor rective Wo rk perfonned by the COllt ractor, at no cos t to the C ity . to meet the Perfonnanc e Stand ards. Request for Proposal , RfP, RfQ or Solicitation: Shallmcan this Reque st fo r Proposa l incl ud ing all Exhibits a nd Attach ments as a pp roved by the Ci ty a nd ame ndment s o r cha nge orde rs issued by the City. Responsible Vendor: A ve ndor who has th e capa bil it y in all respects to fully perfolln the contract requirements an d the integrity and reliabili ty that will assure good faith perfo rm ance_ Responsive Prop os al : A proposal or rep ly submitted by a responsive and res pons ible ve nd or that conforms in a ll mater ial respects to the requirements of the RFP. Page 9 19200 West Country Clu b Drive • Aventura , Fl33180 • 305 -466 -8900 • cityofaventura.com On -De mand Transportation Services Req uest for Proposal RFP # 20 -07-23-3 S atisfactory : Work performed by the Contracto r that has been detcrmined through City inspection to meet th e Pcrfo nnanc e Standards. S haIVMu st : Indicates a mandatory rc quirement. Failure to mee t a mandatory requ irement will. if material. result in the rejection of a proposa l as non-responsive. S ho ul d: Indicates something rhat is recomme nded but no t mandatory. If the Pro poser fails to provide reco mm ended information. the City may, at its sale optio n: ask the Propo ser to provide the infol1 n at ion or eva luate the proposal without the information . Fai lur e alief demand \vill result in reject ion. S ite(s): The location(s) where Work is to be perfonncd under this Contrac t. S pecifi cations: Thosc portions of the Contract Documents consist ing of wriuen tech nical description s of mater ials. equ ipment, cons truction systems. standards and workmanship as applied to the Work . S ub -Co n tr a ct or & S ub-Co ns ultant: Shall refe r to any pers o n. firm. entity, or o r ganilat ion, other tha n the employees of the S uccessful Offeror, who co nt ra ct with the Successful Offeror to fum ish la bor_ or la bor and mater ials, in connect io n with the V.,f ork or Services to the City, whethe r directly o r in directl y. on behalf of the Successfu l Offeror. S upplemental S ervic es Pri cr Prop osa l: Those sen ices that are performed on a periodic basis (on dema nd) fo r which the Cuntractor receives co mpensation o n the prcscribed fOtm selli ng forth the prices for the Work being pe rfom1ecl. Un s atisfacto r y Work : Work pe r formed by the Co ntract o r that h as been detcm1inecl through City inspec tion to not meet the PcrfOlmance Standards. Work, Services, P roject & E n gagement: Shall refer to all matters and things tha t wiil be requ ired to be do ne by the Successful Propose r in accordance with the Scope of\Vork, and the telm s and Cond itio ns o f this So licitation. 1.5 A DD E"DA, C HA~GES OR C LAR I FI CA Tl ON Any inquiry o r reques t for interpretatio n rec eive d fi ve (5) or more day s prior to the date fixed fo r the op e ning of the proposa ls w ill be given con s ideration. All such changes o r iIHerprelations will be made in writing in the form cfan addendum and, if desired. will be ma iled or sent by ava ilab lc means to all known prospective pr oposers not latcr than the cstab lished proposal ope ning da te, Eac h prospective proposer sha ll acknowledge rece ipt o f s uch addenda by inc ludi ng it in the proposal fo rm. In case a ny propose r fails to include such addenda or addend um, hi s propo sal will nevertheles s be considered as though it had been re ce ived an d acknow ledged and the submission of his proposa l will co nst it ute acknowl ed gemen t of the receipt of same. All addenda are a part of the contract documcms and each propo ser will be bound by su ch addenda, whethe r or no t received by him. It is the responsibility of each prospecti ve propo ser to verify tha i hc has rcce ivc d all addenda iss lI cd befo rc pro posa ls arc ope ned . Any questions regarding the speci ficat io ns m;1y be dirccted to the Finance Dep artmen t, Indra Smju. Purchas ing Age n t. located at 19200 W. Co untry Club Drive , Ave n tura , Fl 33180, (305) 466-8925 or email to sa Jju i@cityo fa ve ntura.eo m. Und er no c ircumstances will the City accept facsimile o r electronic Page 10 19200 West Country Club Dr ive • Aventura, Fl33180 • 305-466-8900 • cityofaventura.com On~Demand Transportation Services Request for Proposa l RFP # 20-07-23-3 transmissions in l ieu of a sealed proposal. Any proposals received in the above manner will be deemed unrespons iv e and a ··no proposal"' will be entered for the propo se r. No verbal or written information which is obta ined other than by information in this RFP o r by Ad denda to this RFP shall bc binding on the CITY. 1.6 MODIfICATION OR WITHDRAWAL OF A PROPOSAL I. Modification of a Proposa l. Any modification of a Proposal by the Proposer shall bc subm itted to the Office of the City Manager·s or desig nee pr ior to the Solicitation Due Date & Time. The Proposer shall submit the new Proposa l and a letter , on company letterhead, signed by an author ized agent of the Proposer stati ng that the new submittal supersedes the previously submitted Proposa l. The scaled envelope shall contain the same infonnation as required for s ubmitt ing the original Proposal. In addition, the envelope shall be ma rk ed with a statement that this Proposal replaces the previously submitted Proposal. No modifications of a Propo sa l shall be accepted after the Solicitation Due Date & Time. 2. Withdrawal of a Proposal. A Proposal may be withdrawn on l y by written communication delive red [Q the Office of the City Manager s or designee prior to the Solicitation Due Date & Time. A Pro posal may also bc w ithdrawn after one -hundrcd and twenty (120) calenda r days after the Solicitation Due Date & Time, provided that it is wi thdrawn prior ro the recommendation for award, by subm itti ng a lette r to the Office of the City Manager's or designee at the address identified in this Solicitation. The withdrawal Icttcr must be on company letterhead and signcd by an authorizcd agent of the Proposer. 1.7 LATE PROPOSALS, LATE MODIFICAT IONS, Al'llD LATE WITHDRA WALS Proposa ls received afte r the Solicitation Duc Date & Time shall not be accep ted , opencd , or considered. Modifications of Proposals received after the So licitat ion Due Dat c & Timc shall also not bc accepted or considcred. Withdrawals of Proposals received after thc Solic itation Due Date & Time or prior to the expiration of One-hundred and twenty (120) calendar days afte r the Solicitation Due Datc & Time shall not be accepted or cons id ered. 1.8 EVALUA nON CRITERIA AND PROCEDURES Evaluation Co mmitt ee wi ll be eva luat ed Responses according to the following evaluation cri ter ia and respective weight: Approach to handling of potential projccts and timeliness Firm 's age, organizational struc tu re, and finan cia l stability Fir m's proven ab ility to running prev ious similar projects in RFP Firmls Operation s and Procedures Qualification and experience ofpcrsonnel Page 11 Maximum 25 points Maximwn 15 points MaximLUll 25 points Maximum 15 points Maximu m 20 points 19200 West Country Club Drive • Aventura, Fl33180 • 30S -466 ~8900 • cityofaventura.com On-Demand Tra nsportation Services Request fo r Proposa l RF P # 20 -0 7-2 3-3 ./ Approach to Handling of Potential Pro jects and T imelin ess Firm's un derstanding ortlle City 's need s rega rding O n -Dema nd Tran sponalion Send ecs (Max. 25 po int s) ./ Fi rm 's Age . Organ iza ti o n S tructure. and F inancial S tabil itv Credenti als and accomp l is hme n ts o r tb e proposed ream in similar markets estab lis hing a successful O n -Demand Transpol1alion System. (Max. 15 poinls) ./ Finn's Proyen Ab ility Runn ing Previous Similar Projects a nd References Experience and background in p rov iding s im ilar plans and recommendations rela t ing to On- De man d Transpo rtati o n systems i ncluding, bu t not lim i ted to: • On-Demand Trans portat io n s hare p lanning. s tud y a nd ana lys is exper ie nce • Est abl is hin g a startup On -De m an d Tra n sportation program • Qualit y iss uance, implemen ta ti on and staffing plans • Veh icl es, e qu ipment, s tations and compute r systems. including safe and sec ur e transactions • Info nna t ion Tec hn ology and websi te expe r ie nce re la ti n g to on-dema nd t ra ns ponati o n s h aring fe e stru c t u res . secure c redit card b il lin g proced ure s, s martpho ne app li cati o n s, data s h a rin g, a nd other tcch ni cJ l iss ues. • Familiarity with loca l, sta le and red e ral re g ul atory agencies ' procedures • On-Demand Transportation Sharing marketi n g, promQ(io ns. and m e mbers hi p experience • Knowledge or run d i ng sou rces for s imilar a ilcmali ve tran s p o rt a tio n projec ts. (Max. 25 poin ts) ./ Fi rm s Operations and Procedures Explains and illu strates the antic ipated cos ts . revenues and funding sources to successfully operate the On-Demand Tra nspon ation program with prop o sed ra tes sc he du les; a nd a m arketing p la n to promote a nd adve rt ise the system . (Max. 15 point s) ./ Q u a lifi cation and Experie nce of Pe r so nn e l C rede ntial s and ac co m p lis h men ts of the propos ed team (up 10 3) members (Max. 20 points) T h c e valu a tio n procedure ror response and se le c ti o n is as follow s: I . Opening uf all Re spon s es received on t he d ue dale. T he Eva luat io n Comm itt ee will use a p o int fo rm ul a during the revie\v process to score pr oposals , with a range o r ze ro to 100 poin ts. Eac h membe r of the Evaluation Com mittee will score each propo sal by the c r iteri a described in Sectio n 1.8 above. 2. Pre liminary re view of t he Pr o p os al s by the C ity an d/o r Consultant for compl ia nce wi th the s ubmi ss io n re q uirements or the RFP. including veri fi cation that eac h Response includes all req u ire d d ocuments. Page 12 192 00 West Country Clu b Dr ive • Aventura, FL 33180 • 305-466-89 00 • (jtyo fa v entu r a.com On·Demand T ransportation Services Request for Proposa l RFP # 20-07-2 3-3 3. The full Evaluation Co mmittee wi lt then convene to review and di scu ss these eva luation s and to co mbine th c individu al scores to mTive at a com posite sco re for each fi rm. The Evaluat io n Committee may, at its sole dis cret ion. shor tlist the proposer s an d may in vite onl y the shor lli sled linns to an in terv ie w session. 4 . After the score for eac h film has been estab li shed. the Eva luation Comm illce will rccom mend the highes t ranl<cd proposallO the City yt[lIl ager . 5. The Evaluation Committee will sub mit their recommenda tion of the most qualified Proposer to the City Manage r inc lusive of the ranking and scoring of the mo st res ponsive res ponsible Propo ser. 6. The City l'vl anag er will review then ap prove th e Evaluation Commince's recommendation. or reject all Responses, o r return the recom mend at ion to the Committee for reconsideration. 7. Upon appro val o f thl! Eva luati on Commi tl ee·s recommendation, the City Manage r or designee sha ll co ndu ct neg ot iations with the highes t rarlkcd Proposer. 8. If th e Ci ty Manager o r desig nee is unsuccessful in negotiating a Cont ract with the highes t ranked Pr oposer. th e neg ot iati ons with that Pr opose r will be tellnina ted. The: Cit y Manager shall the n unde nake negotiation with the second ranked firm. Sho uld the City be unablc to negotiate wit h the secon d-ranked fi rm , the aforeme ntio ned procedure may be ini tia ted wi th the third-ra nked finn. This proc edu re will be rep ea ted with the next ranked firm until an agreement is reac hed. 9. The City Manage r will th en rcco lruncnd that the Ci ty Commission adopt a resolution award ing said contract. 1.9 PREFERENCE TO LOCAL BUSI :"ESSES Pllf suantto Section I, (G). of Ordi nan ce No. 96-07 (City Code Sec. 2-257), "business es locat ed wi t hin the (corpo rate limits) of th e C it y o f Aventura ... shall receive a preference bonus of 10% or 10 po ints during the tabula tion s of propo sals.'· 1.10 AGREE\1 ENT P ERl OD A.''iD CONTR.ACT RENEWAL: The init ia l contract s hall be for a trial per iod of Twelve (12) mon ths ill a limit ed area of the Cit y. If the se rvice is successful: the City may wish to expa nd the se se rvices to other part s of the City wit h an o ptio n to ex ten d the co ntract fo r two (2) add it io nal one·yea r per iod, at thc sa me tenn s, co nditions and spec ifica tio ns remain th e same and the ex tension is approved by the Cit y Manager. The Proposer ag re es to this condi tion by sig ning it s pr oposal. If Co nt ractor cannot renew at the se same terms, co ndit ions and pri ces . Co ntra ctor mu st no tify City on/or before 90 da ys of co ntract expiration dat e. 1.11 CITY'S RIGHTS RESERVED The Ci ty of A ventura res erve s th c right to rejecl all proposals or [Q rejec t any proposal no t eo nfonn in g to th is Doc ument. and to waive any in-c gularity or info rm alit y with re spect to all Y prop osa\. Th e Ci ty furth er Page 13 19200 West Country Club Drive • Avent ura , Fl33180 • 305 ·4 66 ·8900 • ciryofaventura.com On -Dem and Tra nsport ation Services Reques l for Proposa l RFP # 20 -07 -23 -3 reserves the right to request c larification of information submitted and to req ues t additional informati on fr om one or more proposers. The C i ty may also negotiate modification to prop osals deemed to be in the bes t interest of the City. E"ID or SECTION j Page 14 19200 West Country Cl ub Drive • Aventura, FL 33180 • 305-466-8900 • cityofaventura.com SECTION 2 GENERAL CONDITIONS On-Demand Tr ansportation Services Request for Proposa l RFP # 20-07 -23-3 2.1 COMPLIMCE WITH LAWS, LICEN S I NG RE Q UIREMENTS AI\D TERMS OF CONTRACT Co nt racto r shaH co mp ly wit h any and all laws, stat ut es, ordin ances, ru les, regulatio ns , and pr oced ural requirements whethe r federa l, Slate, Cou nty, o r loca l and of any agency or such government, which relate 10 or in any manne r affect [he perfonnance of this Contracl. This includes compliance with any existing o r future drug policies, the Americans with Disabilities Act (ADA), Florida Department of Children and Family Statc Statutes, and a n y laws and regu lations issued by Local, County, S tate or Federal agencics. The successfu l proposer shall be li censed and certified by all appropria te County . State. and Local agencies. The Contractor shall procure at it s own expense. all necessary licenses and permits. The Contractor sha ll con form to all applicable laws, regulations, or ordinances of the State, County. and City. The Conrrdctor shall be required to fumish a copy of all licenses , ce rt ificates of com petence or other lice nsor requ ireme nts necessary to provide their scrv ices as required by Florida State Stat ut es. 2.2 I NSU RA NCE The Co ntractor shall purchasc and m aintain, in full force and effec t for the Ii fe of the contract, at Cont rac tor's sa le expense. th e following insurance po licies: I. A business automobile policy '.>vhich covers any vehicles used in connection with this ag reement, regardless of whether the ve hicle is owned. rented, hired or borrowed by [he Contractor. M inim um limits for bodily/propeny damage liabil ity shall be 5 I ,000,000 per occu rr encc. 2. A comprehensive general liability policy with minimum coverage limits of 51.000.000.00 for bodily injury a nd property damage pcr occurre nce. 3 A worker's compensation and employe r's liability polic y wh ich covers all of the Cont ra ctor's employees to be engaged in wo rk on this contrdct as specified by and in accor dance with F.S.S.440. The Cit y of Av entura sha ll bc nam ed as addi tional insu red on polic ies li sted as \-2 of the Contr actor's above req uired pol ic ies of insurance excep t fo r the Worke rs Com pen sat ion insura nce. The fo ml and types of coverage and suffic ien cy of insurer shall be s ubject to approval of the City Manager. The Contractor agrces to ind emnify, defend and hold harmless the City of Aventura from and agains t any and all cla im s, suits, judg ment s, execu ti ons. and/o r liabi lities as to bodily injuries and /o r pro per ty damages which arise or grow out of this contract or Co nt ractor's performance or operations hereunder. The Contractor sh all, in its contract with the City, be required to indemni fy and ho ld harmless the City and its o fficers, agcnts, employees and instrumental itics from any and all liab ili ty. claims. li abilit ies, losses. and ca uses of ac ti on, includ ing auorneys' fees and costs of defense which the City or its office rs, emp loyees. agents and in slr um ent alilics may inc ur as a rcsuh of claims, demands , suits. ca uses of actio ns o r proceedings of any kind of nature arising Out of, or relati ng to or resulting from (h e provis ion of rag e 15 19200 West Cou ntry Club Drive • Avenwra, Fl33180 • 305-466-8900 • cityofaventura.com On~Demand Transportation Services Request for P roposa l RFP # 20-07-23-3 ser vices by the Contracto r a nd/or its officers, employees, agents or ind e penden t Co ntractors. The Cont racror shall be r equ ired to pay all claims a nd losses in connections therewith, and shall investigate and d efend all claims, sui ts o r actions of a n y ki nd o r nature in the name of the C ity . where applicable. including appellate proceedings. and s hall pay all costs, judgments and atto rn eys' fe es whic h ma y issue thereo n. T he Co ntrac tor expressly u nd ers tand s and agrees that any i nsu rance protection required by this agreement or ot he nvise provided by t he Cont ractor s hall in no way limit the responsib ility of CO llt raCLOf to i nd emnify. keep and save ha rmles s and defend [he Ci ty and its office rs, emp loyecs. agcl1!s or i nst rument alities 3S herein provided. Copies of all policies or certificates o f such insurance shall be delivered ro the City. and said d oc um e nt a ti o n s hall pro v ide fo r the Ci ty to be notified a minimum of thiny (30) days prio r to any ca ncellatio n. tenn ina li on . redu ction o r n o n -renewal ora ny required insurance p olicy. The Contractor sha ll also . upon request by the C ity, provide copies of all offic ia l re ceipts and endorsements as ver ifica tion of Comraclo(s timely payment of eac h insurance polic y premium i:!~ required by this cont ract. 2.3 LIABILITY Th e proposer s ha ll be liab le for any damages or loss to the Ci ty occasioned by negligence o f the pr opo ser (or his agen t) or any person [he proposer has des ig nated in the completion of th is contract as a result of the RFP. 2.4 UN lfORM /APPEARA:-.ICE Contractor personnel localed a t Work sites mus t prese nt a neal appea ranc e . and must wear dist inct c lothing be a rin g the C o ntrac tor's na me for eas y identification. A ll COnlra CIO r emp loyees must wear a distinctive a n d n eat unifonn that follO\vs the City uni fo n"n policy, w hj ch the CO l1lraC LO r mu st sup pl y at no cost to the emp loyee. Any colo r o r color combina tion may be u sed fo r the unifo n ns. T he DCpaJ1ment Director or designee may request the removal of any cmployee nOi prope rl y unifOlmed. 2.5 STANDARDS OF CONDUCT The Contractor must maimain s at isfactory s tan d ards of employee compe te ncy, co nduct, appearance . a nd inte g r i ty, a nd mu s t take s Li ch di scipli na ry ac tio n aga i nst hi s/her employees, a s necessary. Each Contractor emp loyee is expec ted to adhere to standard s of conduct that reflect c redit all themse lves, thei r empl oye r: the comm uni ty, and the C i ry. Bei ng that the ConrracLOr will be v isible at all ti mes to the public during t he perfo n nance of i ts d u tie s under t he Contrac t, t he Contrac tor s ho u ld ensurc its employees COI1l in lle to adh ere to s ta nd a rd s of condu ct while on b reaks. C011lrac to r's emp loyee s must not sleep or lay down in public v iew at any time du r ing the \Vork. I f any of Co mracwr"s employees a re found sl eepin g or lying d ow n in pu blic v iew b y C it y stafT. or i r such activity is reponed by the publi c an d verified by the Ci ty, the C ity may impose a perfo n na nce pcnalty of $250 per occurre nce a ssessed to t he Cont ractor. 2 .6 ALCOHOL AJ\D CO:-.lTROLLED SUBSTA1,\CES T he Cont rac tor 's employees must 110 t possess. d istribute . cons ume . u se or cause to be used. any c ontrolled subs ta nc e or alcohol o n the \¥ork sit es. Any Con t ractor employee under the in fluence of Page 16 19200 West Country Club Drive • Aventu ra , Fl 33 180 0 305-4 66-8900 • cityoiaventu ra .com On-Demand Tra ns portation Services Request fo r P ro posa l RFP # 20-07 -23-3 alcohol or a co ntrolled s ubstance must not be penni tted to pcrform allY Work under the Contract. Any Contracto r o r Contracror employee found to be in viola tion of this requir ement will be pemlanenl iy prohibited from perfonnin g any Wor k unde r this Co ntra ct. Actio ns taken under th is Artic le mu st not rel ieve the Co ntracto r o f th e obl igalion to provide sufficie nt per~onnel to perform adeq uate and timely Service as required in this Co nt ract. 2 .7 CONE OF SILENCE PROVISIO N A. Notwitbs tandi ng any o ther provision of these specifications, the pro visions ofCily Code Sec. 2-260 (O rdinan ce 200 2-12) "Co ne of Sile nce" is appl icable to th is trans act ion . The "Co ne of Sile nce ," as used herein , means a prohib it ion o n any communication reg ar ding a part icular Req ue st fo r Prop osa l ("RFP "), Req uest for Qua lifi ca ri o n ("RFQ") or In vitatio n for Bid ("RFP'·). between: I. A potential ve ndor. servi ce prov id er, prop ose r, propo se r. lobbyist. or co nsultant, and: 2. The City Commissio n. City 'S pr ofessional staff including. but not limited to, the Ci ty Manager and hi s or her staff, any mem ber of the City 'S selec tion or eva lu ation co mmittee . B. The Co ne of Si le nc e shall be impose d upon eac h RFP. RFQ an d IFB afte r the advert ise lTl ent of sai d RFP, RFQ or I FB . C. Th e Cone of S il ence sha ll tc nnillatc at the beg inning of the City Co mmiss ion me ct in g at which the City Manager make s hi s or her wrilten reco mm endation to the City Co mmi ss ion . Howeve r, if the City Com mi ss ion refer s th e Manager's rec o nmlcndali on back 10 the Man age r or staff for fu rther review, th e Cone of Si lence s hall be re -i mpo se d unti l such tim e as the Manager make s a su bseq uen t written rccolTunendation. D. Th e Cone of Si lence shall not appl y to: (I) Oral communications at prc-RFP confe rences: (2) Oral presentations befo re se lectio n or evalua li on committees: (3) Public prc se nt ations made to the Ci ty Coounissione rs durin g any dul y noticed public mee tin g; (4) Co mmuni cations in writing at any tim e with any C ity emp loyee, unle ss spec ifically prohibited by the applicable RFP , RFQ or bid documen ts. The proposer or proposer shall file a copy of an y wri tten communication with the City C lerk. The Ci ty Clerk shall make co pies available to any per so n upon reques t; (5) Communica tions regardi ng a partic ul ar RFP, RFQ or bid be twcen a poten tial ve nd or, service provider , propo ser, bidde r, lobby ist o r co nsulta nt and th e Cit y'S Purch asing Agent or Ci ty employee designa ted res pon s ible for ad mini stcring [he procu reme nt process fo r such RFP , RFQ or bid , provid ed the co mmunica tio n is limited strictly to matters of Page 17 19200 West Co untry Club Drive _ Aventura, FL 3 3180 • 305 -466-8900 • cir yo fave nt ura.co m On -Demand Transportation Serv ices Request for Proposal RFP ;; 20 -07 -23-3 pro cess or procedure already containcd in the cOITcsponding solicitation document: (6) Communications w ith the City Attom cy and his or her sta f f; (7) Dul y noticed s it e vi sit s to detcnn ine th e comp etcncy of biddcrs regarding a particular bid dur in g the timc period be tween the ope ning of bids and the rime the City Manager makes his or her wriltcn recommcndation; (8) Any e mergency procurement of goods or services pursuant to City Code; (9) Respon ses to the C it y'S request for c larificat ion or addit ional infonnation ; (10) Contract negotiatio ns during any du ly noticed public meeting; (! 1) Communications to enable Cit y staff to seck and obtain industry comment or per fo nn market re sea rch. prov ided al l commu nication s related theret o between a poten tial ve nd or, se rvice provider , propose r, bidder, lobbyist. or consu lta nt and any member of the City'S professional staff including. but nOI limited to . the C il y ivIan:Jg!.:r and his or her staff are in wriling or are made al a duly noticed public meeting. E. Ple ase contac t th e City Atlo mcy for any questions concerning Cone of Silence comp li ance. F. Violation of th e Conc of Silence by a panicular b idder or proposer shall render any RFP awar d, RFQ award or IFB award to sa id bidd e r or proposer voidab le by tbe Ciry Commission a nd/or C ity lvIa nager. 2 .8 CAM PAIGN F[J\'ANCE R EST RI C TIONS 0 .'1 VEN DORS Scc. 2-420. Prohibited campaign contri butions by ve ndors. Pursuant to O rdinance 200j-14 ; C ity Code Sec ti on 2-420. ve nd ors o f the City are prohibited from in any way pro vidin g ca mpa ig n contributions to City Commission candidates. (a) General, prohibition. disqualification. de/initiol1s. ( I ) a. 1\0 vendor shall give . solicit for. deli ver or provide a campaign contribution directly or ind irect ly to (l candidate, or to the campaign committee of a ca ndidate. for the Offi ces of Mayor or Com mi ssio ner. Com mencing on the e ffe ctive date of this an icie, at! proposed C it y contracts. as well as requests fo r proposals (RFP), requests fo r qualifica tions (RF Q), re quests for letters o f interest (RFLI), or solicitations of bids issucd by the C it y. shall incorpo ratc nOlice of this section so as to llQ(ify potent ia! vendors of the proscrip tion cmbod ied he rei n. b. No ca ndidatc o r campaign committee of a cand idate for the Offiecs of Mayor or Commissioner. shall deposir into such ca nd idate's campaign account an y campaign co ntribu tion which is rece ived di rec tl y or indire ctly from a ve nd or or whic h such ca ndidate or ca mpa ign co mmittee knows or shou ld know was solic it ed by or for a ven dor or delivered or provided for a vendor. Candidates (or those ac ting on their behalf) sha ll ensure compliance with this code section by con fi lming through examinati on of the official vendor li st which is pos ted on the City of A ve ntura web s ite 10 verify thc ve ndor Page 18 19200 West Country Club Drive • Aventura, Fl33180 • 3 05-4 66-8900 • cityofaventura.(om On-Demand Transportation Services Request for Proposa l RFP # 20-07-23-3 status of any potential contributor. A candidate or the campaign eommiltee of a candida te shall nOt be in violation of this subsection if the vendor way not listed as a vendor in the City website at the time that the conrribution was rec e ived or deposited so long as the candidate or the campaign CO llUllittee of a can didat e did not know thaI the person or entity was a vendor of the City. (2) Eaeh prohibited act of giving , sO li cit ing for , delivering or providing a campaign contribution or depositing a campaign contribution in violation of this sec lion shall constitute a se parat e violation. All comriblltions deposited into a candidatc·s campaign account in violation of this section s hall be forfeited to the City's General Revenue Fund. (3) a. A person or entity. other than a then existing vendor. who di rec tly or indirectly makes a campaign contribution to a candidate who is elected to the office of Mayor or Commissioner s hall be d isq ualified for a period of twelve (12) months following th e swearing in of the subject elected offic ia l from ,erving as a ve ndor with the City. A then existing vendo r who directl y or indirectl y makes a contribution to a candidate who is elected to the Office of Mayor or Commissioner. shall be disqualified !Tom serv ing as a vendor with the City for a peri od of 12 months fro m a final finding of a violation of thi, section, or from the time of action on a wa iver reque st by the City Commission pursuant to subsection (b) bclow , in the event that a waiver is so ught by the ve ndor. In the even t that such waiver request for a part icula r tran,action is granted, th e affected vendor shall nonetheless be disqualificd from servi ng as a vendor with the Ci ty as to any other goods, equip ment or services to be provided by the ve ndor to the City, beyond the vendor goods, equipment or services whieh are the subjec t matter of any waiver whic h is granted. I n the event such waiver request is denied fo r a panicular transaction the 12-momh disqualification period shall conti nu e to apply to both the particular transaction for which the waiver was sought. as well as all other vendor act ivities for the provision of goods, equipment or sc"rviccs to the Ci ty during that 12-month period. b. For purposes of this section, the term "disqualified" sha ll be defined 10 include: I. Tenn ination of a contributor/vendor's existing contracts with the City. s ubje ct to the applicable waiver provisions of subsec tio n (b) herein: and 2. Disqualification of a contributo(s response to solici tat ion requests fo r prospective ve nd or contracts with the City, su bject to the app li cable waiver of subsection (b) he rein. (4) As used in this section: 8. Vendor. I. A "Vendor" is a person andlor en t ity who has been selec ted by the City as the success fu l bidder on a present or pending b id to provide to the City goods, equipment or se rvices, or has been approved by the City of a pres en t or pending award to pro vid e to the City goods~ equipment or services, prior 10 . upon or fo llow in g execu tion of a contract, or purchase order. Page 19 19200 West Country Club Drive _ Aventura, Fl33180 _ 305-466-8900 _ cityofaventura,com On· Demand Tra nspo rtation Services Request for Proposal RFP # 20-07-23-3 2. "Vendor" shall inc lude natural persons and /or ent ities w ho hold a co ntr olling financial inte rest in a vendor entity. T he term "controlling finan cial interest" s hall mean Ihe O\vncrship , direct ly or indirectly, of ten pe rcent (10 %) or more of the outstand ing capital stock in any corporation o r a d irect or ind irect interest of ten perce III (10%) or more in a firm. The term "firm" shall mean a corporation. partnership, bus ines s trust or any legal entity othe r than a natural person. 3. ·'Vendor·· shall not inc lude Cil}' officers or employees. 4. For purposes uf this section . "Vendor"' status shall tennina te upon compl~lion of perfollllallCC of the ag reement for the provision of goods l equipment or service. a. Sen·ices. For purposes of this sec tion . the lenn "services" shall mean the rendering by a vendor through competitive biddmg or otherwise, of labor, professional ancUor consulting serviccs to the City , inc ludi ng, but I10t lim itcd to. the provision of lobbying services to the City. b . Campaigl1 cOJ71rilJll Ti ol7s. The term "campa ign contribution " shall have the meaning which is asc ribed to the term "contribu(iolls" pu rsuan t to 1'.5. § 106.011, as amended. (b) Waiver o/prohibition. (!) Criteria/or wahler. The requi rements of this section may be wa ived by the affirmative vote of tlve (5) members of the City Commission for a particular transac tion after a publ ic hearing. upon findi ng that: a. The goods. equipment or services to be involved in the proposed transac tion are unique and the City cannot avail itself of s uch goods, equipmcn t or sen ices without cl1lcring into a tran saction w hi ch would violate this section but for wa iver of its requirements: or b. T he busines s entity involved in the pro posed transactio n is the sole ,ource of supp ly as determ ined by the City Manager in acco rdance with procedu res established by lhe City Manager; or e . An emergency co nt ract (as authorized by subsec ti on 2-253(5) of this Code) mu st be made in order to protect the health. sa fety or welfare of the citizens of the City: or d. A co n tract for the provi s io n of goo d s, equipme nt or services exists wh ich, if tcnnina ted by the C it y would be subs ta ntially adverse to the best economic intere sts of the City. Page 20 19200 West Country Club Drive • Ave ntura, Fl33180 • 305 ·4 66·8900 • cityofaventu r a.com On-Demand Transportation Se rvices Request for Proposal RFP # 20-07-23-3 (2) Limited waiver. No twithstanding the denial of the City Commiss ion of a v.'aiver request rega rdin g the provision of goods, equipment o r se rvices unde r an exist ing contrac t pursualll to s ubsection (b)a. above, the City C ommi ss ion, may by lhe affimlative volc of five (S) mcmbers of the City Conuniss ion afler a public hea ring , grant a limi ted wa ive r concerning an existing co ntract for tbe prov isio n of goods, equipment or services be tween a ve ndor and the Cit y upon finding tha i in ord er to protect the health, safety and we lfare of the citizc ns of the City, it is necessary tha t the affected cantraC I be cont inued for a limited duration (not to exceed a p eriod of six [6] months) in order for the City to obtain a replaccmen t vendor. (3) Full disclosure . Any grant of a waivcr or limited waiver by lhe City Commission must first be supportcd with a full disclosure of the su bjcet campaign con trib ution. (c) illlp/emen/alion. The City Manager is authorized to adopt additional procurement procedu re s for goods, equ ipment or services to implement this section. These procedures shall provide for the asscmb ly. ma inten a nce and posting of an o fficial City vendor list as re fere nce d abovc. (d) Pena/Iy. The Ethics Commission created pu rsuant to Miami-Dade County O rdin ancc 97- lOS, shall havc primary juriSdiction for cnforcement of this sccti on. A find ing by thc Ethics Commis s ion that a person violated this sec tion, shall subject such person to an admon ition o r pub li c reprimand and l or a finc of S2S0.00 for the first violation, and $SOO.OO for each sub sequcnt violat ion . (c) App/icabi/ilJ'. This section shall be applic d only prospectivcly to campaign contribu tions whieh are made afte r the date of this section. (Ord. No. 200S-14 , § 3, 10-1 I-OS ) 2.9 PUBLIC ENTITY C RIME/DISQ UA LIFI CATION Pursuant to Scction 287.133(3) (a), Florida Statutc all proposcrs are advised as follows: "A perso n or affilia te who ha s been placed on the co nvi cted vendo r list follow ing a convictio n for a public entit y crim e may not su bmit a bid on a co ntr act to provide any go ods or scrv ices to a publ ic cnt it y, may not submit a bid on a COnlraC I with a pub lic ent ity fo r the construction or repa ir of a public bui ldi ng or public work. may not submit bids on leascs of real p roperty to a public cntity, may n ot be awa rded or perfo lTn work as a Co ntractor, sup plier: sub-cont ractor, or consu lta nt under a co nt ract with any public en tity: and may no t transac t bu siness with any publ ic entity and may not tra nsact busincss with any public ent ily in excess of the th reshold amount provided in s.287.017 fo r CATEGO RY TWO for a pcriod of thi rty-six (36) months from the da te of being p laced on the convic ted ve nd or li s t:' 2.10 CONFLICTS OF INTEREST Page 2 1 19 200 West Coun try Club Drive _ Aventu ra, FL 33180 _ 305 -466-8900 _ cityofaventura.com On-Demand Transport a tIon Services Request for Proposa l R F P ~ 20-07-2 3-3 The a\\'a rd of any con tra ct he reu nd er is subject 10 the pr ovisio ns of Chapter 1 J 2. Flori da State Statutcs. PROPOSERs must di sc lose with their proposal. th e n ame of a ny officer, director. pa rtner, a ssoc iat e o r agen t who is also an office r or emp loyee of the Ci ty of A ve ntura or it s ageJlcies. 2.11 P UBLIC R ECORDS LAW P 'BLlC R ECO RDS I. CONTRACTOR agrees to kcep a nd m ai nt ain pub lic records in CONTRACTOR's possession or contro l in con n ection wilh CONTRACT OR's perrorma nce under this Agreement. C O NTRACTO R addilionally ag rees to comply speci fi ca ll y w ith the provisions of Sec tion 119 .07 0 I. Fl o r ida Statutes. C O NTRACTOR shall ensure that public records t hat a rc exempt o r confid e n tial a nd cxemp t from p ub lic reco rds disclosure requ ireme nt s are not di sclo se d, except as authorized by law, for thc durat ion of the Agreeme nt. and follo wing comp lctio n of the Agreement unt il the records are tra nsfe rred to the CIT Y. 2. Upon request from the C ITY cus todia n of public records. CO, TRACTOR shall p rovide th e CITY with a copy of the reque sted records or allow th e record s (Q be inspected or copicd \vi thin a reasonablc time at a cost that doc s no t exceed the cos t prO\'idc d by Chapter 119, Flor ida Statutes. o r as otherwi se provided by law. 3. Unle ss other wise pr ov id ed by law, an y and all record s, including bu\ not li mi ted to reports , su rveys. and othe r da ta and documents provided or crcaled in con nection with thi s Agreement are and shall remain the p ro p erty o f the C IT Y. 4. Up on co mp let ion o r t hi s Agre ement or in the event oftcnn in atio n by ei tJlc r pa rry . any and all pub l ic r ecord s re la t ing to the Agreement in the possession of t he CONTRACTO R shall be de live red by the CONTRACTOR to th e C ITY .\M NAG ER, at no cost to the CITY, wi thin sel'en (7) da ys. All s uc h records stored e lectronically by CONTRACTOR s hall be de li vered to th e C ITY in a fomlat that is com patible wi th t he C ITY'S i nformation tec hn ology systems. Once the puhlic records have been delivered upon comp le tion o r termin ation of thi s Agreement. the CONT RA.CTOR shall destroy any a nd all duplicatc public records that are exempt or co nfidentia l and exem pt from public record s disclosure req ui rcm en ts. 5. A ny co mp e n sation due to CONTRACTOR sh all be wit hh eld until all records arc re ceived as p rovided here in . 6. C O NTRA CTOR 's fai lure or refusal to comply with the provisi o n s of this s ection s hall re s u lt in the immed ia te temlina tio n of t his AgrccmcJl[ by the C ITY. Section 119 .0701(2)(3). F lorida Statutes IF THE CONTRACTOR HA S Q UES TIONS REGARDI NG THE AP PLI CA TION OF C HAPTER 119 , FLORIDA STAT UTES , TO THE C O"TRA C TOR'S DUTY TO PROVID E PUBLIC RE C ORDS R E LATING TO THI S C ONTRACT, CONTA C T THE CUSTO DIA N OF P U BLI C R !;:CORDS. C ustodian of Records: C ity C le rk's O ffic e Page 22 19200 Wes t Cou ntry Club Dr ive • Ave ntura, Fl 33180 • 305 -466 -8900 • cit yofaven t ura .com M ailin g address: Telephone numb er : E mail: 2.12 CO:'olF ID ENT IALITY On -Demand Transpo rt ation Services Request for Proposa l RFP # 20-07 -23 -3 19200 Wes t Co un ty Cl ub Dri ve A ventura, FL33 180 305-466-890 I horvathctm ci tvofavcntura.com Pro posers are hereby notified that a ll info nnation submit ted as pan of, or in su ppon of IFBs /RFPs, will be avai lable for public inspcction after opening of th e IFBs/RF Ps, in compliance with Chapte r 119 , Florida Statutes, popu larly known as the "Public Record Law". If there is any ap paren t con nict between Florida 's Pub lic records laws an d this IFB /RFP, the law will prevail. All Proposals submitted in response to th is solicitation become the property of the City. Unless the infOlmal ion subm itted is prop ri etary, copy righted. trademarked. or patented , the Ci ty reserves the right to utilize any or all infonn ation, idea s. conceptions. or portions of any Bid , in its best interest. Acceptance or rejection of any Bid shall not nu ll ify the City's rights hereunder. 2.13 SCRU TI NIZED COMPANIES A. Contractor cerr ifies that it and its su bcontractors are not on the Scrutinized Companies that Boycott Isr ael List. Pursu ant to Section 287.135, F.S .. the City may immediately tenninate this Agreement at its sole option if the Contractor or its subco ntractors are found to have submitted a fa lse cen ifieation; or if the Contractor, or its subcontractors are placed on the Scruti nized Companies that Boycotl Isra el List or is engaged in the boycott of Israel during the tenn of the Agreement. B. If this Agree ment is for more than onc million dollars . the Contr acto r certifies that it and its su bcontractors arc also not on the Scrutinized Compan ies with Ac ti vit ies in Suda n. Scrutin ized Companies with Activit ies in the Iran Petroleum Ene rgy Sector Li st, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135. F.S., the City may immediate ly tenninate this Agreement nt its sa le option if the CO mrfiCIOr , its affilia tes, or its subcom ractors are found to have su bmi tted a false eel1ification; or if the Contractor. it s affiliates, or ils subcontractors arc placed on the Scrutinized Companies \:vith Activi ties in Sudan List. or Scrutinized Companies with Activitics in the i ran Petroleum Energy Sector List, or engaged with busine ss ope rations in Cuba or Syria during the telm of the Agrecment. C. The Contractor agrees to observe the above requirements for applicable subco n tracts entered into for the pcrfollnance of work under thi s Agreement. U. As proV id ed in Subsection 2g7. 135(g), F.S., if federa l law ceases to authorize the a bove-stated contract ing proh ibit ions then th ey shall beco me inoperative. 2.14 AU DIT RIGHTS CITY reserves the right to audit th e reco rds of Successful Offeror (whi ch are per tinent to the serv ices to be perfonned) at any time during the performance and term of the Contract and after completio n of Page 23 19200 West Country Clu b Dr ive • Aventura , FL 33180 • 305·4 66·8900 • cityofaventura .com On -Demand Tr ansporta tio n Se rvices Reques t for Prop osal RFP # 20·07·23·3 con tr ac t tenn. If req uired by C ITY . Successful Offero r shall ag re e 10 submit to an audit by an indepe nd ent certi fied pu blic accountant selec ted by CITY. Successful Offeror shall allow CITY to ins pe ct, exa mine a nd rc v iew th e reco rd s of Successful Offer or at any and all time s d uring norm a l bu sine ss hou rs d uIing the ter m of the Co ntr act. 2.15 HOLD HARMLESS ALL PROPOSERS shall hold thc City. its officials and employel's ha rmless and covenant not to sue th e City, its officials and emp loyecs for their decision to reject, award or nO[ award a bid. as applicable. 2.16 I N DEMNIF I CATION Thc Contrac tor sha ll in demn if Y, save ha rm less, and defend the City of Ave11lu ra, it's officcrs. agcnts and e mployees against any claims . demands or caus es of ac ti o n of whatsoever kind or natu re arisi ng out of e rro r. o miss ion, ncgligc nI act, conduct or misconduc t of the COlllractor. his agellls . se r vanrs or employees in the p rovision of goods or the pcrfonnance of services pursuant !O this bid and/or from any procurement deci sion of the City includi ng withoullimilation. awa rding the contract to the Contractor. 2.1 7 CONTRACTOR'S RELATION TO THE CITY It is express ly ag reed a nd understood that the Co nt racto r is in a ll respec ts a n independen t Co ntra cto r as to all work hereun de r. and that the Cont ractor is in no respec ts an age nt. serva nt or employce or the Ci ty of Aventu ra. This co ntr act spec ifi cs the work to be done by the Contractor, but the method \0 be employed to acc o mpl ish [his work s hall be the responsibi lity o f the Contracto r. unless othe rw ise provided in [he contract. 2.18 NO CONTI.'I GENT FEE Contra cto r warra nts tha I it is has no t empl oyed or re tained any co mpan y or person , o the r tha n a bo na fi de empl oyee work in g so lel y for the Cont ra ctO r to solic it or secure t he agrecmem an d tha I it has n Ol pai d or agree d to pay any perso n. co mpany , corpLl ra Lion, indi \ id ual or firm , othe r than a bona fide employee working so le ly fo r the Contractor. any fcc, commiss io n, percentage, gi ft , or Dlher cons ideration co nt ing ent upon or result ing from the award or maki ng the agrecment. Fo r rhe breach or violat ion of th is pro visio n, the City shall have th e right to tC !111 inate [he ag reement. without liabili ty. at its disc re tion. 2.19 DI SC RI M INATOR Y PRA CT ICES : T he Contractor shall not deny sc rvice. deny access, or dcny employmen t to a ny person on the basis of race, colo r, c reed, sex, sex ual orien tation , rel ig ion o r nat io nal orig in. The Co ntracto r will strictly adl1c re to the equal e mpl oyme nt oppo rtu n ity requireme nt s an d any a pp licab le re qui rem e nt s esta bl is hed by the Sta te of Florida, or the Federa l Gove null ent. An li-8DS Clause: By res ponding to thi~ BID. RFP, o r other co mpetit ive sol icitati on, CO lllr aclo r cert ifies and agrees thaI it is not currently e ngaged in. no r will it engage in durin g the te nn o f th is Ag ree ment . the boycoll of a person or business ba sed in or doing busi ness wit h a member o f the \Vorld Trade Organ ization or any country with \.v hi c h the Uni ted State s has free tra d e. Pag e 24 19200 West Country Club Dr ive _ Aventura, Fl331BO • 305-4 66-8900 • eityof aventura.com 2.20 DISPUTES On-Demand Transportation Services Request for Proposat RFP # 20-07-23-3 Irany di spute concern in g a question of fact arises under this contract, other lhan tenll in ation for default or co nvenience, th e Con tractor and the City department respons ible for the administration of the contract shall make a good faith effo rt to re solve the dispute. If the dispute cannot be resolved by agreement. then the departmen t with the advice of th e City AUomey shal l re so lve the dispute and send a written copy of its decision to the Contrac tor , which shall be binding o n both parties. 2.21 ATTORi'iEY'S FEES J r the City incurs any expense in enforcing the lemlS of the agreement whcthcr su it be brought or nOt, Contractor agrees to pay all such costs and expenses including but nOllimiled to COllrt costs . interest, and reasonable attorney' s fees. 2.22 COi\IPLAINTS The Contractor agrees thai any complaints received by the City concerning misconduct on the pan of the Contractor. such as poor services, discourtesy to the public, damage to vehicles, etc., will be referred LO the office of the Community Services Department for appropriate action. The Con tra ctor agrees [Q make any complaint s concerning the City of Aventura avaiiable to the City Manager or his designee for action as required, and the decision of the City shall be fina l and binding. 2.23 PROTEST PROCEDURE Protests a rc governed by Sec. 2-259 of the Aventura City COde . 2.24 STR IK ES AND LOCKOUTS There will be no strike s, work stoppages, sick-outs, picketing whi le working, s lowdow ns or other concerted failure or refusal to perfoml assigned work by the Contractor's employees, and there will be no locko ut s by the Contrac tor for the duration of this Contract. The Contractor sholl ma ke on attempt to obtain from any associat ion re pr esenting the Contractor s emp loyees a letler of un del' stand ing agreeing to SUppOI1 the City fu lly in rnaintaining operatio ns in every way. Any employee who participates in o r promotes an illegal strike, work s toppage, picket while working. slow down, sick-out or conccrted failure to refuse 10 perform assigned work may be disch arged or orherwise disciplined by the Contractor. It is re cognized by the panies that the Cit y is responsible for and engaged in activities which arc the ba sis of the health and welfare of our cit izens and that any violat ion of this sec tion wou ld give rise to ilTcparable damage to the Cit y and the public at la rge. Accordingly, it is understood and agreed that in the event of any violation of this section, the Ci ty shall be entitled to seek and obtain immediate injunctive re lief and all other relief as pro vided by law, including attorney's fees and fu ll costs associated .. vith tbe violati on and resto ration of se rvic c. In the eve nt of a strike, work stop page , or inrerfe rencc with the operations and accompl ishment of th e mission of the Cit y, th e Contractor and any association represent ing th e Contrac tor s em plo yees s hall promptly and publicly order the emp loyees to return [Q work and attempt to bring about a prompt resumption of normal operations. Page 25 19200 West Country Club Drive • Aventura. FL 33180 • 305-466-8900 • cityofaventura.com 2.25 SUB-COI"TRACTORS : On·Oemand Tra nspo rta tion Services Req uest tor Proposa l RF P # 20-07 -23-3 No Su bco ntTacting or use uf a temporary labor force is penni tted for this Co ntr ac t. [n spcc ial circu msta nces, the C ontra cto r must obtain the prior written approval of the City before subco ntracting any portio n of speci alized grounds maintenance work. The City of A ventu ra has the right to approve or dcny at its so le discre tion. Sub-Contractors arc subject to compl iance with all lenns . conditions. and speci fi cations contained herein. 2_2 6 SECOl\DARY/OTHER VENDORS Th e City rese rves th e right in the event the primary vendo r can not pr ov ide an item(s) or serv icc(s) in a timely manner as requested. to seck and obtain other sources w ith out thereby \ iolating the intent of the contract. 2.27 ASSIGN"IENT The Contrac tor shall not transfe r or assign the perfonnance required by this RFP w ithollt prior \.vnttcn consent of the City of A ventu ra. Any award issued pursuant to this Request for Proposal and monies wh ich may be payable by C it y are not ass ignable except with prior \.vrittcn approv al of th e C ity of Aventura . Furth er, in the event that the majority owne rshi p or control of the Contracto r changes ha nd s subsequent to the awa rd of this contract , Con tr actor shall promptl y notify City in wr iting (via Uni ted Sta te s Po stal Service -Certi fied Mail, Return Receipt Requested) of such cha nge in ownership o r control at least thirty (30) days plior to suc h change and Cit y shall have the right to tClmjll3te thl..': contract upon thirty (30) days written notice : at City 's sole discret ion . 2 .28 IDEl\TICAL (TIE BIDS) Shall be awarded by the City in compliance wi th Flor ida S tatUl es providing f o r a d ru g free wo rk placc and a lso th e Ci ty of Avcntura Ordinance: #96-07 (City Code Sec. 2-2 55), tha t is. in the event of an identical li e bid. a prefere nce shall be given to a business hav ing a drug free workpl ace under Flo rida Statute 287.087 , as amen d ed. Failu re to p rov ide proo f of co mp liance whe n reques ted s hal l be just ca use for re j ection of th e b id as determi ned by the City , and resu lt in the Proposer holding the C it y harmle ss fo r such rejec ti on. 2.29 CANCELLATIO I\ Fai lur e on the pa rt of the ve ndor to comply with the co nditio ns , speci fi cat ions, re quirements, and tenns as detcilnined by the City, shall be JUSt cause fo r ca nc el latio n of the awar d, with the ve nd or ho lding the City haml less. 2.30 NONCONFORiVIANCE TO CON TRACT The.: City of A vcnt ura may with hold acceplance of. or reject items of se rvices which arc found upon exami natio n: not to mee t th e speei (i cation requirements. Upon written notification of rejectio n. items shall be removed wit hin five (5) ca lendar days by the ven do r at vendor's expense and rede livered at vendor's ex pense. Rejec ted goo ds le ft longe r lhan th irty (30) calend ar days will be rega rded as aba nd oned and the City shall have the right to prov ide serv ices confo rm ing to specifica tion s, or failure to Page 26 19200 West Country Club Drive _ Aventura, FL 33180 • 305 ·466·8900 -cityo fav entura.com On-Demand Tran spo rtation Services Request for Proposal RFP # 20 -07-23-3 meel servicc schedules may rc sul l in the Contractor being found in default and shall authorize the C it y to tenninale the contract upon not ice to the Contractor. 2.3 1 DEFAULT P ROV I S ION In Case of default by the Proposer or Contractor, the City of Aventura ma y cance l th e service agreements. procure the articles or services from other sources and hold the PROPOSER or Contractor responsible fo r any exces s costs occasioned or incurred thereby. 2.3 2 TERMINATION OF COi\TRACT The City reser ves the right to tcrmin ate this any time and for any reason upon giving thirty (30 ) day s' notice 10 the ol her party. 1. If sa id contract should be term inated for convenience as provided herein, the City will be re lieved of all obligations under said conlfact. The City wi ll only be required to pay that amount of the contract actually performed to the date of lennination. Upon such payment, both parties s hall be relieved of any furthe r obligations under this contract. 2. This Contract may also be terminated by the City Manag er, or designee upon suc h notice as the City Manager, or designee deems appropriate unde r the circumstances in the evenl the City Manager or designee dctclmines that tcrmination is nece ssary to protect the public health, safety, or welfare. 2.33 CONTRACT CONTINUITY In the event se rviccs are scheduled to end either by contract expira tion or by termination by the City of Aventura (at the City'S discret ion), it shall be incumbent upon the Con trac tor to con tinue the service, if reques ted by the City, umii new serv ices can be co mplelely operationa l. At no time shall this trans ilion period eXlend more than ninety (90) days beyond the expiration date of lhe existing contract. 2.3 4 OTHER GOVERNMENTAL AGENCIES I. All propo sers 3\varded contracts for this RFP may, upon mutual agreement wi th othe r agencies. pennit any school distr ictlboard, municipality or ot her governmental age ncy to parti cipate in the contract under the same price terms and conditions, if agreed to by both panies. 2. Further to paragraph I, il is understood thaI each sc hool d is uic tJ board, municipality o r agency will issue its own Purchase Order to lhe awarded proposer(s). 3. It is understood and agreed th ai the City is nOl in any \vay a legal pany to any contractual agreemcn t made between any other government unit or educational organiza tion and the Awa rded Proposcr(s ) as a resul t of this RFP. END OF SECTION 2 Page 27 19200 West Country Club Drive • Aventura. Fl331BO • 305-466-8900 • cityofaventura.c.om On-Dernand Transportation Services Request for P roposal RFP II 20 -07-23-3 SECTIO N 3 SE RVI CES SO UG HT 3.1 BACKGRO U"i D The C ity of Aven t ura is located in the northeast comer of Miami-Dade Cou n ty and is app roximately 3.2 square miles in size and has a diverse population of over 38.000. The City delivers a majority of its public services by utilizing fimls employing sound business practices with an empha sis on exce!icnce and effeclive custome r se rvice principles . The City is seeking 10 deplo y and test in novative service delivery mode ls to imp rove first -a nd -las l mile access to on-dema nd tr a n ~porta tion se rvices. 3.2 SE RVI CES SOlG HT The purpose of this request fo r prop osal is to establish the Illost effective and effic ien t methods of prov iding the highest quali ty con tract fo r the oil-demand transporta ti on se rvices with a flexible fixed route and to in c lude development. deployment. mar kcting and customer se rvices. Ge ne ra l Info rmation The Cit y is looking for a sen ice provide r to oper ate a ncxiblc on-dema nd rransponatio n services for a tr ia l period of 12 months, I f the sen ice is s li ccessfui. the City may wish to expand these services to othcr pans of th e Ci ty. Attached is a map with the designated area (Exhibit A). T he City in tcnd s to begin on-demand se rvice on or about O ctober 1,2020 Service will o p erate Monday throug h Sunday from 7:00 am to II :00 pm. Addit ionally. the City may reque st service during holidays. speci al events, or non-bu siness hours, I. The On-Demand Transportation Services wi ll provide point to point shared rides for residents, gucsts 1 and comm uters by providing on -demand rides for work. sho pping, recreation. restau rants. an d for va ri o us app Oinl me!lls . 2. A ll trips mu st initiate and te rminate within the area defined by th e followi ng boun darie s: Sec map "Exhib it A ". The provider needs to be ab le to provide a geo-fenee to ensure that all the trips are \-\'jt hin the defined service area, 3, The se rvice should be free to the use rs, an d no tips will be accepted. 4. Co ntra ctor may sell advert isi ng on the ve hicle s but will be subjec t to writte n appro val by the City. A ll adverlising and signage must comp ly with the City'S sign code an d must be explicitly a pproved by the City. Any exte rio r graphics will be consistent with existing City brandi ng and inte nded to let the public know abou t t he free r ide service . S, During th e te lm, the Contracto r shall bill the City at an hourly ratc fo r serv ic es agreed-upon based o n sc hedu le estab li s hed by the City. 3 .3 "ARKETING ASD PROMOTIO NS PlA!\ De sc ri be Proposer 's approach to mark etin g and promo ting the new ride share service in AVennlnl. Inclu d e exam pl es of marketing st ra tegies empl oyed for other serv ices. Page 28 19200 West Cou ntry C!ub Drive a Aventura, Fl 33180 • 305·466-8900 • cityofaventura.com How branding w ill be used to market the serv ice" On -Demand Transportation Services Request for Proposa t RFP # 20-0 7-23-3 Wh at s pecific promotional events are ant ic ip a ted to markct the se rvice' How do yo u meas ur e the s uc cess of market'i ng effo ns' 3.4 SERVICE AREA BOUNDARY While s pec ific service area boundaries have been defined as the Municipal Transit Silver Line , a li st of key destinatio ns that must be served by the Rideshare Pi lot Project is included be low. The genera l location of the destinations is i ll ustrated in the map inc luded as Exhib it A. Aventura Mal l Tran sit Tenn inal No n h Cam d e n Town Center Ave nru raiPub li x Walgreens/Pi er I Commun ity Center Found ers Pa rk Hidd en Bay Par c Centra l Myst ic Po in te Tumberry Towers North Ea s t 199 Street/Walgreen Pla za Mount Sinai Nonh East 29 Placc/Pu b l ix 3 .5 OPE R ATING DU RI NG A DECLARED E!V1ERGENCY U p o n declarat ion of any em e rgency by the Ci ty Manager or his d esignated represen ta ti ve, the Contractor ma y be respo nsi ble for a nu mber of transportat ion-re lated activit ie s , including the d eve lopm ent of e merge n cy trave l ro utes and the coordin at io n w irh mher agencies s uppl yine commo n caITier se rvice s. In the eveO! of a dec lared eme rge ncy, the Contractor shall ma kc ava il ab le a ll program veh ic les to t he City, rep ort to a des ignated C ity parking area im mediate ly, an d deploy veh i c les in a mann e r de s cribed by th e C ity Man agers o r his/her desi gnee as pal1 of th e C ity's E m e rge ncy Res p o n se Pl an. T he C it y s hall be ob ligatcd to co mp e nsate [he C o ntract o r for services wh ich signific antly exceed s the nOITI1al expense of operating the serv ice d u ri ng suc h period of declared emergency. The Contra ctor sha ll be required to document and mainta in a ll em ergency-re lated se rv ices as requested by the C ity and pro v id e these documents to the City at th e declared conc lus ion of the e m erge nc y . A ll pro po sa ls s hall de m o ns trate bes t e ffo rts to meet or excee d , th e req uir e ment s co ntained below fo r the vc hicl es, co m munica ti ons a n d s taff1n g . 3.6 Co ntr a ct o r 's Res p onsibiliti es: Page 29 19200 West Country Cl ub Drive • Aventura, Fl33180 • 305-466-8900 • cityofaventura .co m Ve hicle Specifications : On~Demanc Tran sportat io n Serv ices Req uest fo r Proposa l RFP # 20-0 7-23-3 o Vehicle Type : Electric vehic les arc strong ly prcfc lTed with full doors, windQ\vs and seat belt s. At least one ort he two vchicles shall be ADA Accessible. • Vehicle Ye ar: 2020 or newer • Seating Capacity: minimum of8 plu s dri\er (wheelchai r passe nger access ib le) • Vehicle Charging : The City will cooperate with the co mp any to identity the locations for the charging sta tions . Charg ing stat ion eq uipment. in st allat io n, and maintenance will be provi ded by the cont ractor. • Overnight vehic le parking: Cit)' will as s ist in sec uring spac e for the cont ractor as to where [Q store the vehicle s at night or when not in service if neeess3I)'. • Veh ic le must be mot ori ze d and stree t legal • Own an d ma inta in a neet i n mech anica ll ) sou nd and reliab le operati ng condition for on-demand tran sportatio n service s. • Vehi c le Quant ity: Prov ide two tr anspo l1ation ve hicle s for service s during nonnal business hour s Mo n da y through Sund ay, 7 :00 AM to II :00 PM • Provider will re sponsible lor all vehic le 's COS Is includin g insurance . fuel. repa irs and preventative maintenance of the veh icle. • Pr ovi der shall ensure thai all ve hi cles are clean , servicea ble and mechanically safe. All veh icles shallm cc t all applica ble s tate and loca l \ ch icl e licens in g, safely in spcc tion and insu rance req u irements. All required stare o r local decals , st ickers. andi o r l icen se plates s ha ll be properly di splayed on all vehicle s and shall be CUITcnt al all time s and ensure that all ve hi clc maintenance ser vice sha ll be perfo nll ed by l11e cha n ics who arc q ua lified through ractory or ot her cert i fied trainin g to work on the spcci fie make and mod el o f veh icles to be repai red and are supe rvise d by th e co ntractor. • Vehicle shall have clean passenger co mpartmen ts tha t arc free of dirt and litter. lOrn upholstery or noo r/ceiling material and broken s cat s. • Vehicle shall be sa nit iled according to passenger veh icle standards • Veh icle s hall indicate tha t it is a City veh icle. Such marki ng will be pre-approv ed by the City. o Vehicle can be used ro r advertisi ng/s ponsorsh ip as a way 10 subsidize thc cost oCtile ve hicle . The City shall rev iew and approve an y ad ve rtising ; however , th ose approvals willnol be unrea sona bl y withheld. 3.7 Co mmunic atio ns : • Provide a dispatch service capable or handling on-de mand tran sport atio n service s as requcslcd by patrons. This di~patch se rvi ce mus t be ab le to receive and confmll reque sts vi a mobile app lie alion o r tciep hone line, as requested by the patro n. • Mob ile application reservation system is strong ly prefclTed . Custome r-racing application avai lable for download in the Ap ple a nd Android store is required • Das hboard fo r ana lysis of se rvice operations to Ci lY s ta ff, including rider ship, cu stome r services issues, member s hip, !lip origins and destinations. Irip s Icnglh s. ride request methods, veh icle occupancy: fleet pcrfOlmancc and safety , eIC., • User friendl y interface experience • Uti lize a two-way co mmunication sys tem Iink.i ng all vehic les with dispatcher for phone call reser va ti o ns. The d is pat c her shall be an emp loyee of Ihe co ntractor. Pa ge 30 19200 West Country Club D rive ' • Aventura, Fl 33180 • 305-466-8900 0 cityofaventura .com On-Demand Transportation Services Request for Proposa l RF P # 20-07 -23-3 • Contractor shall pro vide a real time data porta l where all relevant data sources are accessible to the C ilY staff. 3 .8 PERFORiVIANCE, OPERATIONS, AND PERSONNEL STANDA R DS ../ Maintain a s tafr of employees necessary for efficient operat ion of se rvices requested by the Ci ty ./ The successful finn sha ll prov id e proor that employees /Drivers (fu ll ti me, pan ti me , a nd te mpor ary/seasonal) assig ned to the Cit y have undergone both crim inal ba ckgrou nd screening and drug screeni ng at th e time o f h ire and during th e te rm of the Agreement , at the Comractor's so le expense per the City policy . ./ Provide drivers whose quaiifiearions for operating a passenger \'chicle meet all state and federal requirements. Dr ive rs employed by the Co ntr acto r(s ) must have a va lid Florida driver's license and shaH have no revocations of their driver lice nse in the past five (5) years: no r any moving vio lat ions or acc iden ts in the pas t thr ee (3) years . ./ Drivers shall have no co nvi ct ion for dri ving under the influence of drugs or alcohol ./ Dr ive rs shall be rami liar with the op er ation of spe cia lize d cquipment for the mobili ty impaired, including wheelc hair lift s and related tie dovm s and necessary compliance with Americans with Di sabilities Act (ADA). All staff shall have CU ITent cardiopulmonary resuscitation (C PR) an d Basic First Aid Trai ning certific atio n . ./ Driver sha ll provide necessary assistance to clients getting in an d out orthe vehicle . Th is inclu des but is not limited to. assista nce wit h wheelchairs and stowage of mobility aids . ./ Drivers and dispatcher sha ll rollow customer service standards. as set by thc City ./ The suc cessful finn will be required to meet wi th any involved City Department up on req ue st by rhe City Manage r or des ignee. The successful firm 's account represe ntati ve \:v ill be ovoil nble to re so lve any related iss ue s that arise du ring th e nannal course of providing the requ es ted serv ice s. The succ essful finn wi ll be ex pect ed to coordinate and co mmunicate effective ly wit h dt:sig nate d Cit y pe rsonnel. The frequency, na ture, scopc, and definiti on o f the se rvices desired by the City may change from time to time , at the City's sole d isc retion . ./ Tobacco usc or any ki nd is not pcnnitted while o n duty . ./ All sta ff shall be fluent in English or be bi-lingual with Eng li s h as one or the spoken languages . ./ Drivers shall be groomed 10 present a professional image fo r th e Cit y and wear app roved un ifo rm s . ./ Provid e r will be re spo nsib le for all fines and /or violations incurred by Contractor's pe rsonnel while in perfon nan ce of thi s contraci Page 31 19200 West Country Club Drive • Aventura , Fl3318D • 305-4 66 -8900 • cityofavenlura.com On*Oemand Transportation Services Request for Proposal RFP # 20-07-23-3 ./ T he successful proposer shall have a designated loca l serv ice supe rvi so r will aJ\\ays be avai lable to ensure full co mpli ance wi th opcrating pro cedures an d co ndit io ns. CO lllrac ror will be re spon sible for per sonnel rela ti ons. training and pt:rform an ce of [he employees on the con tra ctors staff. .,/ r he Co ntractor \-vill com muni cate an)' problems or requests to City :vtanagc r or des ignee . ../ The successful proposer shall prov id e services ~oleJy as an independent co nt ractor. ../ All on*dcma nd tr ansportation scr\ ices shall be managed . led and operated in a safe . compete nt and courteous manner. 3 .9 PROPOSAL FORMAT Thc proposal must bc in the fol lo \\ ing order a nd fOl1na t listcd below. Rcfcr to Sccti on 4 for all fomls . Fai lu re to do so may cau se th e propo sa l to be rejec ted. Removal of any pan o f th e pr oposa l may inva lida te the proposal. RFPs hav ing an erasu re or cO ITecrio ns must be init ialed by the prop oser In in k. Proposals shall b e si gned in ink and all qu otatio ns sha ll be typed . 4.1 Re spo ndent"s Certification 4.2 Fce Proposal Foml 4.3 No Bid or P roposal Response 4 .4 Prop oser Queslionnaire 4.5 Cli en t Re rere nee Letters 4.6 Othcr Re fcrcnces 4.7 Indemn ifi cation Clause 4.8 Swam S ta tement Pu rs uant 10 Section 2 87.133 (3) (a), Flo r ida St at utcs 4.9 Bu sine ss Ent i ty A ffidav it 4.10 Drug-Free Work pl acc Affida\ i t 4 .11 Anti-Kickback A ffid a \'it 4.12 No n-Co llus ive Affidavit 4. j 3 Scrutinized Co mp anies Pursu ant to Sectio n 287 .135 , Florida Sl atutes 4 .1 4 W-9 Rcq uest fo r T axpayer Identification 'umber a nd Ceni fi cat ion The City provided f0l1115 mu st be completed , signed. notarized and certified as to auth or ization. Form s and att ach ment s mu st be co mp leted usi ng the City provi ded f011 11 S. For the Ind em nifi ca tio n C lause Form . ihe City provi ded fo nn must be signcd and notari ze d . In addition, t he RFP packct s h a ll incl ude one copy of the enti re bid doc umcni with the Proposer's Company and initials on each oaec. The City re tains the right to re ques t an y additional inronn at ion pC!1 ain ing to the Propo ser's abili ty. qualifica ti ons , and pro ccdu res used to accomplish all work unde r th e con trac t as it dee ms nc ccss81)' to en su re sare and satisfa ctory work. £~D OF SECTIO:" 3 Page 32 19200 Wes t Cou n try Clu b Drive • Aventu ra, FL 33 180 • 305 *466-8900 • cltyofaventura.com On-Demand Transportation Services Request for Proposal RF P # 20-07 -23-3 SECT ION 4 RESPONSE SUBMITTAL FORMS A ttac hed hereto a re the followi n g f0I111s /documents listed in the order requ ired for R.FP. 4.1 Respondent's Cenification 4.2 Fee Pro posal FOI111 4.3 1 0 Bid or Proposal Respo nse 4.4 Proposer Questionna ir e 4.5 C lient Refere nce Letters 4.6 Other References 4.7 Indemn ificat ion Clause 4.8 Sworn Statement Pursuant to Section 287.133 (3) (a), Florida Statutes 4.9 Business Entity Affidavit 4.10 D rug-Free Wo rk pl ace Affidavit 4.1 I Anti-Kickback Affidavit 4.12 Non-Collusive Affidavit 4.13 Scrutinized Companies Pursuant to Section 287.135 . Florida Statutes 4.14 W -9 Reque st for Taxpayer Identification Number and Cenifi c ation Page 33 19200 West Co untry Club Dr ive • Aventura, FL 33 180 • 305-466-8900 • cityofaventura.com On-Dem and Tra nspo rtation Services Re quest for Proposal RFP #-20-07-2 3-3 4.1 RESPO:>lDENT'S CERTIFICAT I Ol\ I bave carefully examined the Reque st for Prop osal. 1 he reby propo se to fum ish the services specified in the Req uest for Propo sal. I agr ee that my subminal w ill rem ai n finn for a pe riod of at lea st 120 day s in orde r 10 allow the Cily ade qu ate time to evaluate the subm itta ls and dc tcnninc a ran kin g o f the most qualified finns. I certify that all infonnation co m ained in thi s su bm ittal is trut h fu l. I further ce rti fy that I am du ly au tho r ized to prov id e this sub minal on be ha lf of the firm as its act and deed an d that the firm is rea dy, \.villin g and able to pcrfo lm i f a\Varded the contract. I fU rih er certify. under oath. thai this submillal is mad e withou t prior under st and ing. agreeme nt, co nnec tio n, di scu ss ion , or collusion with an y othcr pcrson , finn or corporation tendering a submi llal for the same service, that no officer, cmplo yee or agent of the City of A ventura or any other respondent is imerested in sai d submin al: and th at the unders ig ned executed tbi s Respo nden t's Certification with full knowledge and unde rstanding of th e matter s therein co nlai ned and was dul y authori ze d to do so . Addcndum # ___ _ D"ted ____ Ini tials ___ _ Addendum # ___ _ Dated Ini tials ____ _ Addcndum # ___ _ Dated Ini tials ____ _ NAME OF BUS INESS SIG NA TURE NAME & TITLE. T YPED OR PRI:--JTED MAILING A DDR ESS C ITY, STATE. ZIP CODE <-) TELEP~H~O~N~'E~N~'U~M~B~E~R~---------- L-) FAX N-:-:' U7M:-:-:::B-::E~R,.-------------- EMAIL ADDRESS Page 34 19200 West Country Club Drive • Aventura , Fl 33 180 • 305-466-89 00 • cityofaventura,com STATE OF !'LORIDA ) COUNT Y OF M IA M I-DADE) ) SS On-Demand Transport atio n Se rvices Reques l for Proposal RFP # 20 -07 -23 -3 Sworn to (o r affimled ) and subscnbed berore me by means or __ physical presence or __ onli ne nOlariat ion, this day of . 20_, by (Namc of pe rson mak ing statc mc nt ) Persona ll y known 10 me ___ or ha s produced I dent i fication __ . type ori dcnli fic ali on produccd ________________ _ (NOTARY SEAL HERE) S IG NA T URE OF NO TAR Y PUBLIC PR INT. TYPE/STAM P NAME OF NOTARY THE REST OF THIS PAGE IS Il'>TE'iTIONALY LEn BLANK Page 35 19200 West Country Club Drive • Aventura, Fl33 1 80 • 305 -466 -8900 • ci tyofaventura.com On·Demand T ransportation Services Re quest for Proposal RFP # 20-07-23-3 4 _2 F EE PR O POSA L FO R M TO PR OV ID E ON -D EMAND TR~NSPORTAT r O _'II SERVICES PRICE PROPOSAL FORM PR OPOSED TOTAL AN'JUAL COST TO BE BI LL ED TO TH E C ITY 11\ MONT H LY I. CREMENTS FOR THE O:--J-DEMAND T RA'JSPORTATION SERVI CES: s ______ _ Tota l Proposed Fccs for a Twel ve Month Per iod s --------Hourl y Rate 7 Days l Date to be Determine d) I) I ag ree to be bound by the schedu le of rates contained above for the initia l one (I) year ter m and any extension of this agreement. YES NO * 2) I agree to be bound by all te rms and condition s contained in this Reque st for Prop os a l. YES NO * 3) I agree that the Annual Fee amount as pro posed shall remain in effect for the initia l one (I) year term and any exten s io ns of thi s agreement. YES NO * *If "no" to any questio n. proposer mu s t fully descr ibe thc ir proposed except ion below: Page 36 19200 West Country Club Dr ive • Aventur a, Fl 33180 • 305-466 ·8900 • dtyofaventura .com 4 .3 N O BID or PROPOSAL RESPO~S E On-Demand Tra nsportat ion Service s Reques l for Proposa l RFP # 20 -07-23-3 I f your film is unable to s ubm it 3 b id. plea se complete and return th is form pri or to date shown for re ce ip t of proposal , and retulll to: C IT Y OF A VEI\TURA We have declined to propose on for the following reasons: ______ We do not offer this serv ice/product ______ Our sche dule would not pe nn it us to perfollll ______ Unable to meet spec ifications ______ Una ble to meet bond /in surance requirements ______ Speci fi ca t ions unc lea r (p lease exp lai n bclow) ______ Oth er (pl ease s pec ify below) REMARKS _____________________ _ T ypeu Na Ill " anu Tille Co mpan y Name Address Business Phone Fax N umb er Page 37 19200 West Count ry Club Dr ive • Aventura , FL 33180 • 305 -466-8900 • cityofaventu ra .co m 4.4 PROPOSER 'S Q UES TlO ~:>I A fR E On-Demand Transportation Services Request lor Proposal RFP # 20-07-23 -3 NOTE: T hi s statement of Proposer 's Qualificatio n Form and Quest ionna ir e must be completely filled out, prop e rl y executed an d r e turn ed as part of y our R F P. All questions arc to be answered in full. without exception. If copics of other documents will answer the question complete ly, they may be allached and c1carly labeled. Ir additional space is nee ded, additional pages may be a tt ached a nd clearly labeled . The C ity shall be en t itled to eontnct e\ery refere nce listed in response to this qucstionnaire , and each enti ty referenced in any response to an y quest ion in this ques ti o nn ai re. Th e Contractor. by com p le ting this questio nnaire. cxpressly agrees that any info nnation concerning the Co nt rac tor in possessio n of said entities a nd references may be made a\ aiJablc to the City. O nl y co mplete a nd accurate infol1nation shall be prov ided by the Contractor. The Contractor he reby WalTants thal. to the best of its knowledge and belief. the responses contained herein are truc. accurate. and completc. T he Co ntractor also acknow ledges that the City is relying on the tr uth and accuracy of the responscs contained herein. If it is late r disco vered that any matcrial in formation g ive n in response to a q ues t ion was provi de d by the Con tracto r, knowi ng it was false, ir s hall co nstitute g ro und s for im mediate disqualifica t ion. te r mi n atio n . or rescission by the City any subsequent agreement between the City and the Cont ractor. The Contractor must demonstrate they ha\·c substantial experiencc with On-Demand Transportation serviccs consisting of a ncxib le fixed route and to inc lude dcvelopment, deployment. marketing and customer serv ices. The Proposers must havc continuously operated over the past five (5) yea rs as a provi d er of on-demand tra nspo rtation progra ms. To mee l th is req ui re me nt the Cont rac tor m us t have provided these progra ms each year since 2015. T he programs must hav e been provided a t the site of the publ ic en ti ty or owner, not on the propel1y of the Cont ractor. Copies ofalllic.enscs and certifications mus t be pro vide d witlt RFP. A. C ompan y/Agency Inform a ti o n I . Name of Company /Agency inc luding any ··Doing Bu!::.iness As·· names and address 2 . Li st Company/Agency locations Page 38 192 00 West Co untry Club Dri ve • Aventura, Fl33180 • 305-4 66-8900 0 cityofave ntura .com 3. List Company /Age ncy intelllet website On-Demand Transportation Services Request for Proposa l RFP # 20-07 -2 3-3 4. How many years has the company bee n in business unde r its cutTent name and owne rship? a. Professional Licenses/Certifications (in clude name and number)'" Issuance Da te (*include active certi fi cations of small or disa dvantage business & namc of certifying entity) b. Date licensed by the State of Fl or ida o r Miami-Dade Cou nty: ___________ _ c. S tale and Date of Incorporation: d. What is yo ur prima ry business? ___ =-,-___ .,--:-:-:-__ -:-::--:-_____ _ (This answer shou ld bc spccific) c. Na me of licensecVcertificd cmp loyec(s), liccnsclccttification number, and rcJationsh ip to compan y: f. Names of prev ious licensed/cert ified cmploycc(s), wit h lieense/cerlification number durin g the past five (5) years including, license numbers, relationship to company and years as qualificr for the company 5. Name and Licenses of any prio r co mpanie s: Name of Co mpan y License No. Issua nce Dale Page 39 19200 West Country Club Drive • Aventura, Fl 33180 • 305-466-8900 • cityofaventura.com On-Demand T ransporta tion Services Request for Pro posal RF P # 20-07 -23-3 6, T y pe of Com pan y: o Corpora l ion 0 "5" Corporal ion 0 LLC 0 Sole Proprielorship 0 Olher: (C orpo ra ti o ns w ill be requ ir ed 10 pr o vid e a copy of the i r co rp orat e reso luti o n pri o r to e xecutin g:1 con tr act) 7, Company Ownership: a . Iden li fy a ll owners oflhe company Na me Ti llc % of O\v nership o 0 b. I s any owner identified above an oWll er in another co mp any? Yes No I f yes, identify the l131ne of the 0\\ ncr. other co mpan y names, an d -Yi, owners hip c. Iden tify all individuals authoriLcd to sign for the co mpan y. ind icating the level of their aU lhorilY (check applicable box es a nd fo r olher provid e specifi c le ve ls ofalil horily) Name T ille Sign atal)' Authority A II Cos t No-Cost Olher B o o B o o B o o B B Explanat ion for O lher: _________________________ _ Pag e 40 19200 West Countrv Club Drive • Aventura, FL 33180 • 305 -46&-8900 • ciryofaventura .com 8. Employee In fo l111a t ion Total No. of Empl oyees: __ On·Oemand T ranspo rtati on Services Request for P roposal RFP # 20-07 -23-3 Number of Managerial/Admin. Employees: __ 9. Has any owner or em pl oyee of the company been conv ic led ofa fe dcral offense or mo ral turpitude: If yes, please explain: 10. Insurance lnfonnmion :.I . In suran ce Can·icr Name and Address: __________________ _ b. In su rance Contact Name, Telephone, & E-mai l: ________________ _ c. In surance Experie nce Modification Rating (D1 R):_-,--,_-,.. ____ -,-,-_,--,- (ifno EMR rating p lease explai n why) l.L NUllIue l uf III::,uralll:c Cla i lIl~ paid uul ill la~t 5 year~ & value: _______ _ 13. Ha ve any claim s law suit s been tit ed agai nsl your co mp any in the past 5 years? If yes, id ent ify all whe re your co mpan y has ei thcr se ttled or an adve rse judgmenl ha s bcen iss ued againsl your company. Ident ify th e year basis for the claim or judgment & seulement unless the value of the sett lement is cove red by a writle n confiden ti ality agreement. 14. Has your company been assessed liquidated damages o r defaulted on a project in the pas t five (5) years? Ves 0 No 0 If yes, p lease an auaehment tha t pro vide s an exp lanatio n of the project and ex pla nati on J 5. To the be st of your knowledge is your company o r a ny o fficer s of your company eu rremly unde r inve st igat ion by any law enforccment agency or public cnt ity Y es D No 0 Pa ge 41 19200 West Co u ntry Club Drive • Aventura, Fl 33180 • 305 -466-8900 • cityofav entura .com If yes, provide detai ls on a separate sheet. On-Demand Transportation Se rv ices Requesl fo r Proposa l RFP # 20-0 7-2 3-3 16 . Key Staff or Principals o f the com pan y (have) __ (have nOl l __ been eo nvieled by a Fede ral, State, Count y or Muni c ip al Court o f or have any pendin g violation s of lavo', other th an traffic violati o ns. To inciude stoc kh olders over te n percent (10%). Exp la in any co nv ict ions or pending action on a separate shee t. 17. Has you r company been assessed liquidated damages or defaulted on a project in the past fi ve (5) ye a rs" YesO No 0 If yes: provide an atta ch men t that provid es an explanat ion of the project and an expla natio n. 18 . Ha s the Proposer o r a ny 0 fit s principa ls faile d to qual ify as a res po nsi b le propose r, refused !O ente r in to a contra ct afte r an award has be en made, failed to co mpl ete a contrac t dur ing the pas t five (5) years, or been declared to be in default in any contrac t in th e last five (5) years" Yes 0 No 0 J ryes. pro\ ide detail s on a se para te sheel. 19. H as the proposer or any of i ts pri ncipa l s ('vel' been declared bankrup t or reorganized under C ha pt er I I or p ut in to receivership? Yes 0 No 0 If yes. givc date. court jurisdic ti on. action taken, and any other expl anat io n decmed nec essa ry . B. C ompany Operations & Procedures a) Docs yo ur company curre ntly hold licenses at other fac ili ties in co mp l iance with the Flo rid a Depanment of Children and Fami ly State Statutes'? Yes ONo 0 2. Does your comp any have written plan s, polic ie s & procedures in pla ce fo r the following : a) Care of special needs. \·vhi ch include pr O\ iding reasonable accommo dat ions in accor dance with the American Dis abi liti es Act (ADA). Yes 0 No 0 b) Recruitment, trainin g, sc lection , scre ening. management. and retention of staff. Ye s 0 No 0 c) Enforce health & safety standard s estab lis hed by federal. state. & lo c a l regulations. YesU No 0 d) Emer gcncy pla n fo r seve re \..,'eathe r conditions and ot her un planned emc rgencie s fo r participants and stafT Ye s 0 No 0 eJ Ma r keting plan YesO NoO f) T ranspol1atio n safety, super vision. and staffing YesO NoO Page 42 19200 West Country Club Dr ive _ Aventura, FL 33 180 • 3 05-466-8900 • ci t yofaventura.co m 2. Administra tion and Staff Qua lifications (2 page limi t) On-Demand Transportation Services Request for P roposat RFP If 20 -07-23-3 Provide a list of t itl es. responsibilit ies, qualifications, cert ifica ti ons, salaries and benefits for all staff positions involved in the Programs and an organizational char t fo r each Pro!::lfam. 3. Supervision a. Describe the contract management and site superv ision structure. \ViIl someone be assigned exclusively to oversee the Prog rams with the City and to supervise daily activit ie s? (112 page limit) 4. Transponation a. Provide ow ned or contracted bus /other vehicle transpona lion Ihat will be used to lran.c;pOrl panicipants on trips. Tra nsportation must mee t Fl orida standards regarding safety, appropr iate ness . and ade qu acy and procedures mus t be in place to log participants enter in g and exiting vehicles. Pr ovide the name /con tac t infor ma tion of company you wi ll use for contracted bus /other vehicle transportatio n services. I f us ing own transportation, providc number of vehicles, bus dr iver qualifications and certifications. (2 page limit) b. Provide s taff safety procedures that you \\ ill institute. (2 page limit) 5. Special Needs a. Describe your organizations qualifications and experience in wor king with special needs, (I page limit) b. Provide a narrative to provide care to patrons with special needs and descri be your policies regarding reasonable accommodation in accordance with the American D isabilit ies Act (ADA). (1 /2 page limit) 6. Staff Tra ining a nd Development 8. Provide r shall provide qualified inst ru ctors, staff, volu ntee rs, and adminis tr ators for all activities planned. Pro vider shall offer appropriate staff de velopment activities o n an ongoing basis in order to fully meel Prn eram(s). St;:,ff mHi \'oluTltrC'rs must we'.(1r clf"l1n uniforms approved in advance by the City Manager or designee. b. Pro\ ide de tailed infol111ation on staff and volu nt eer orientation. (1 page limit) c. Descr ibe your training program, includi ng frequency and training agendas you use to approach professional development. Attach a copy of staff/volunteer handbook. d . Desc ribe the conten t and process you use for stafUvo l unteer evaluations (1/2 page lim it) 7. Hea lth and Safety a. Enfo rcc health and safety stand ards that arc co nsistent wit h Miami Dade Cou nt y licensing regu lations. Provider shall ensure that slaffmcmbcrs receive ongoi ng traini ng in areas of basic firs t aid and ca rdiopulmonary resusc it ation (C PR) a nd sha ll provide proof of training and cel1ification of each instructo r, staff, and volunteers prior to the stan of the Pr og ram(s). Pa ge 43 19200 WesT Country Club Drive 0 AvenTura, Fl33180 • 305·466·8900 co cityofaventura.co m 8. Emergency Procedures O[l~Demand Transportation Services Request for Proposal RFP # 20-07 -23-3 a . The Prov ider s ha ll have an eme rgency plan fo r seve re weat he r condi tio ns, acc id ents: sie k passenge r, a nd othe r unpla n.ned e mer ge ncies. The Prov ide r sh all e nsure that staff members recei ve ongoing emergency preparedness training an d shall on an a n nua l ba sis info r m the Ci ty about the Program(s). policies and procedures regarding emergency preparedness. b. Describe your eme rgency preparedness training that smffmcmbe rs receive. (l/2 page limit) c. Provide your emergency man agement plan. 9. Market in g a. Provider will promote the program on its o vm and in panncrs hip with the City. All promotional materials will be created by the City prior [Q dis tr ibut io n and marketing materials mu s t have the City's logo on mme ri als. b. Provide your market ing plan . (112 page li mit) c. Propose how you plan to marke t 10 residents a nd enco ura ge residents to participate. (I paragraph limit ) 10. Quality Assurance/Evaluation a. De sc ribe how you will evaluate the overall program operatio ns and ensure quality service delivery from staff members. Includ e a n examp le of how you r quality assu ran ce/evaluation led to improvemen ts in operations or programs you we re providing. (2 pa ge limit) I I. Progrom Expansion a. Describe how you would be able to add Programs at other City sites . including the ability to add trained staff, transportat io n. e tc. (2 pagc limit) 12. Compensation: a. Provide requ ested percentage of the revenues derive d fi'om advert isem en t fees for all programs a nd activi ti es. For cxample: 50150 s plit of revenue betwcen Contractor and Ci ty. b. Provide the cosl basis fo r provid in g qualifi ed personnel on all hourly basis. For examp le: a mult iplier o f 1.10% times the employee s hou rly salary for computing salary costs. e . Provide any ot her in novative exa mples of co mp cnsat ion methods. C . C urrent a nd Prior Ex perie nce I . Currem Experience i ncluding current projects or contracts, recently awarded. or pe nd ing Page 44 19200 West Country Club Dr ive • Aventura, Fl 33180 • 305-466-8900 • cityofaventura .com On-Demand Transportation Services Request for Propos al RFP # 20 -07 -23-3 award . Provide an attachment to this questionnaire that lists all such contracts or projects, inc luding Lh c owner's name, Litle and va lu e of project, scope of work, p rojected or actual start date , projected comp letion daLe. 2. Prior contracts or projects of a similar size. sco pe, and comp lexity : Provide an 8nach mcnt to this Question naire that includes contracts or projects the Proposer conside rs of a simi lar. s ize. scope and complexity that the City should consider in detelmining the Proposer s responsiveness and re spo nsibility . This attachment must include the contracts or projects that meet tht.:: minimum number of cont racts Of proje cts identified by the RFP solicitation. Infol1l1ation provided mu st include thc owner's name , address and contact person. including telephone & e-mail. title of contract or project , location of project, scopc . va llie of the contract. A Client Reference Letter per Sect ion 4.4 sha ll be completed . signed and dated bv the owne rs designee of the Projec t and bc subm iucd as part or the RFP. A minimum of three (3) C lient Reference Leners are required. D . Financial Stabilit y J . Proposer mu st provide the following documentation and be capable of meeLing the Contract insurance requirements to be considered responsive 10 the RFP. a. Proposer 's most rec ent financial statement togelher with a breakd own ind icat ing the \Vorking Cap ital Ratio, Profltabilit). and Return on Asset Rat io or Proposer"s Balance Sheet and Statement of Profit and Loss for the preceding two (2) calendar or fiscal years, eenifled by eiLher an app ropriate Corporate Officer or an independent Certified Publ ic Accountant. b. Lelte r(s) from the insurance carrier stating that the Pro pose r is cap abl e of meet ing the insurance requirements contained in Attachment A. Sample insurance certificatcs arc not an acceptable su bst it ute. 2. Bankruptcies : u. Ha s the Comractor, or an y of it s pnreills or subsid iarie s, ever had n Bankruptcy Petition fi led in its name, vo lun tarily or invo luntaril y? (If yes, spec ify date , circ um stances, and resolut io n). b. Has any MajOlity Sh arehold er ever had a BankrupLcy Petit ion filed in his/her name, voluntarily or in vo lunt arily? (lfycs, specify dale, circumstances, and reso lut ion). Page 45 19 200 West Country Club Drive • Aventura, Fl33 180 • 305-466-8900 • cityofaventura.com On-Demand Transportation Services Request for Proposa l RFP # 20-07 -23-3 c. Loans: Is thi s Co ntra cLOr in default on any loa n agreemcnt or financing agreement \\ ith any bank, financial institulion, o r othe r en tit)? (If yes. spec ify details. circumstances, and pros pects for r eso l ution). E . Dcd a nttion I d eclare under penalty of pCljur) that the foregoing mformation is true and con·eet. Executed on, _____ (datc) Authorized rep resen tative (prim): _____________ _ Authori lcd representative (signature): ____________ _ F . Co mme n ts Please li s l any additional in fommlion that you belie ve woulrl ass ist the City in evaluating the poss ib ility of using your company for these se rvice s (usc sepa ra te s heel if needed). Page 46 19200 West Coun t ry Club Drive • Aventura, FL 33180 • 305-466-8900 • cityo(avenrurs.com Pa ge 47 On -Demand Transportation Services Request for Proposa l RFP # 20 -07-23-3 19200 West Country Club Driv e • Aventu ra, Fl 33 180 • 305-466-8900 • cityofaventura.com 4 .5 C LI£.'H REFE R£~CE LETTI::n On-Demand Transportation Services Request for Proposal RFP # 20-07-23-3 Subject: Reference Letter for __________________________ _ Name of Propos e r : The above referenced Contr acto r is subm itli ng on a RF P soJicJlat ion that has been issued by th e Ci ty. \Ve requ ire that the Proposer PI' vide written refe ren ce s \\,i lh their RFP subm issio n. By prov id ing you wi th th is docu ment the Co ntractor is reque sting that you prov id e th e follow ing refe rence infOlma tion. 'We would ap pr eciate you pro\ iding th e info lll1ation requeste d 3 5 we ll as any othcr info nnatio n you fee l that is pcn in cnt: Name of Company: ______________________________ _ :--Jamc o f Project: ________________________________ _ Scope of Work : Initia l Value of Contract: S ____ _ I s co ntrac t ac ti ve? Ye s No \Vas the \,vark perfo rmed timely: Ye s "10 Was the work pe rfo rm ed to acceptab le quality s ta nda rds ? Ye s No wou ld you ent er into a cOnt ract with th e Contra ctOr in the fLH ure ? Yes No I f 110 to any of th e above. pl ease pr ovide de tails . Provide any othe r comment yo u feci appropriate. Name and (it le of person complet in g th is fo ml : ___________________ _ Signa ture: ______________ _ D atc: ____________ _ Email: _______________ _ Te le ph o ne: ___________ _ Page 48 192 00 West Country Clu b Driv e • Aventu ra , Fl33180 • 305-466-8900 • ciryo f aventura.co m 4.6 OTHER REFERENCES On-Demand T ransporta tio n Servic es Requesl for P roposal RFP # 20-07-23-3 Pro poser"s s hal l submit as a part of thei r pro posa l package, Refere nces. with Addr ess, Telep hone & Fax Nu mber s. and Co ntac t per so n at dcpal1m ent of all no n-gove rnm ent al en ti ties fo r whi c h your linn has provide d On-Demand Transponatioll s ervices within the pa st five (5) years. Na me : Co nt act Name: Address : T eleohon e No.: Fax No.: Cell Ph one No.: Emai l : Date of Co ntract: Cont ract .'\m oum : Work Penonned: Co ntrac ted Da te of Completion: Name : Contact arn e: Ad dre ss: Telephone No.: Fax No.: Cell Phone 0.: Email: Date of Contract: Co ntr ac t Amount: Work Perron11ed: Contrac te d Dat e of Co mpl etion: Na me: Co ntact Name: Address: Tel ephone No.: Fax No.: Cell Phon e No.: Emai l: Date of Co nt rac t: Co nt ract Amount: Work r enonned : Co ntracted Date or Complet ion : Pag e 49 19200 West Cou ntry Club Drive • Aventura, Fl33 180 • 305-466-8900 • cityoiavenlura.com J ame: Co ntact Na me: Address: Telep hone No.: Cell Phone No.: Date of Contract: Work Perfo l111cd : Conlracted Dat e of Completion : Contact Name: Address: Teleohone No.: Cell Phon e No.: Date of Controet: Work Perfonned: Co ntract ed Date of Completion: Name: Con tact Name: Address: Telepho ne No.: Cell Phone No.: Date of Contract: Work Perfonned: Con tracted Date of Completion: Fax No.: Emai l: On-Demand Transportation Services Request for Proposat RFP # 20-07 -23-3 Contract Amount: Fax No.: Email: Contract A m OUnl: Fa, No.: E mail: Contract Amount: Page 50 19200 West Country Club Dr ive • Aventura, FL 33180 • 305-466-8900 • cityofaventura.com 4 _7 INDEMNIFICATION CLAUSE On -Oemand Transportation Services Request for Proposa l RFP # 20-07 -23-3 The Contractor shall indemn ify_ defend and hold harm less the City Commission, the City of Avenrura and their agents and employees fi-OJll and against all cla im s, damages, losses and expenses (including anorney's fees) aris ing out of or resulting from the Contractor's pe rfOJlllance of the work, provided that any such claim , dam age, loss or expense (I) is attributable to bodily injury, sickness_ disease or dea th_ or to inju ry to or damage on destruction of propeny including the loss of use resulting therefrom_ and (2) is caused in whole or in pan by any breach or default by Contractor or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , regard less or wheU l er or not it is caused in part by a palty indemnified hereunder. Pr o poser's Name STA TE OF FLORIDA COUNTY OF MIAM I-D ADE Signature Date Sworn to (o r affirmed) and subscribed before me by means of __ physical presence or __ online notarization, this __ day of , 20_, by (Name of person making statement) Personally known to me __ or has produced Identification __ , type of identification produced _________________ _ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PR INT , TYPE/STAMP NAME OF NOTARY Page 51 19200 West Country Club Drive _ Aventura, Fl33180 • 305-466-8900 • cityofaventura.com On -Demand TransDortation Services Requ es t for Proposal RFP # 20-07-23-3 4.8 SWOR:" STATE M ENT P U RS UANT TO SECT I O:" 287 .133 (3) (a ). FLORID A STATUTES. 0 .'" P U BLI C EN TI TY C RI M ES THI S FORM MUST BE S IGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OT HER OFF ICA L AUT I1 0RIZED TO ADMIN ISTE R 0/\ HI S. I. Thi s sworn SLaLemenL is SubmJlLed LO Lhe crn O F A VEXTLRA . F LORI D A By : --------~~~~~----~~------------(p rim inclil'ldlfa/'s nam e and ririe ) For: ______ ~~------~~--~~----------~~---- (prim l1ame of enri~l' ,wbmilling swom statelllent) \Vh()~e husiness address IS: __________________ _ an d (if applicab le) its Federal Emp lnyer Ide ntification Number (FEIN) is: _______ __ (lfthe ew;ty has 110 FEIN. incl/lde (he Social Security NUll/he/' of/he IIIdi v idllal s igning rhis SH'orn Slafement: ____ ____ __ ___ .) 2. I understa n d tha i a ""public entity crime" as defi ned in Paragraph 187.133 (I )(g), Florida Statutes, mean s a vio lat ion of any slate or fedcra l law by a person with respec t to a nd d irectly related to the tr ansac tion of busi ness with any public entity or with a n agency or politica l subdivi5ion of any o t her s late or of the United States, including but not li mited to. any bid or contract for goods or sen'ices to be provided to any public enti ty or an agency or pol itical s ubd ivision of any olher state o r of the United States and invol vi ng an t itrus t, f raud, theft, bribery. collusion, racketeeri ng. conspiracy, or material m is representa t ions. 3. I u nders tand th a t "convicted" or "convict ion" as defined in Paragraph 287.133 (1) (b). Florida Starutes . mea ns a fi nding of guilt or a conv iction of a publ ic entity crime, with or without an adjudication of guill. in any federal or state trial court of record relating to charges brough t by indictment or informa ti on after Jun e 26 , 1989. as a resu lt of a jury ve rd ict, non-jury trial. or entry of a plea of guihy or non con tendere. 4. I understand t hat an "affiliate" as defined in Para gra ph 287 13 3(1)(a), Florida Starutes, means : I. A p redect::ssor or successor of a per~on conv ic ted of a public emity crime: or 2. KH An ent ity unde r Ihe cont rol of any natu ral perso ll who is active in the managemen t of the entit), and who has bccn convicted of a public en tit) crime:. The teml "affil iate " includes those officers' di reclO rs, executi\ es, partners , shareholders. employe es . l11t!mbcr s. and agents who are active in the management of an affiliate. The ownership by one person of shares constitut ing a controlling in lcresl in anoth er person, or a pool ing o f equ ipme n t or income among persons when n01 fo r fair market value under an arm's length agreemenl. s hall be a prima lac ie case (hm Olle person contro ls another person . .A. person who knowing ly enters int o a joint venture with [I person w ho has been convicted of a public entity crime in Florida during the preceding 36 months shall be co nsidered an affiliate. 5. I u nde rsta nd that a "person" as defined in Para graph 287 .133(1) (e), Florida S tatut es. means any na tural pe rson or entity organized under t he laws of any stale o r of the U nited S tates w ith legal power to enter in to a bi nding contract and which bids or applie s to bid on contracts for the p rOVisio n of good!; or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The te rm "pe rson" inclu d es those offi cers. directo rs, execUlivc s. and panners . Shareho lders. employees, members, and agents who are ac tive in managc me nt of a n ent it),. Page S2 19200 West Country Club Drive _ Aventura , H 33 1 80 _ 305-466-8900 • cityoiaventura.com On· Demand Tra nsportation Services Request for Proposa l RFP # 20-07-23-3 6. Based on infonnation and belief. the sta temen t. which I have marked below, is tru e in relations 10 the entity submitting this sworn statement. (Indicate which statement applies). o Ne ither the emity submitting this sworn sta temenl, nor any of its officers. di rectors, execu ti ves, partners , shar eho lders, employees, members, or agent s who are active in the management of th e entity . nor any affiliate of the entity has been charged with and conv icted of a publ ic ent ity crime subsequen t 10 June 26. 1989. :::; The entity sub mitting this sworn statement: or one or more of its officers, directors, executives, partners , shareholders. emp loyees, members. or agents who are active. in the management of the entity. or an affiliate of the entity has heen char ged with and convicted of a public entity crime su bseque nt to June 26, 1989. The entity subm itting thi s s\vom state ment, or one or more of its officers, directors, execlltives, partners. shareholders, employees, members, or agents who are active in th e management of the enti ty, or an affiliate oflhe entity has been charged with and co nvicted of a public entity crime subsequenlto June 26 ,1989. However , there ha s been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hear ing s and the fi nal Order entere d by the Hearin g Officer determ in ed th at it was not in the public inte res t to place the entity submitting thi s sworn statement on the co nvicted ve nd or li st (attach a copy orthe final ord er). [UN DERSTAND THAT THE SUBMISS[ON OF THIS FORM TO THE CONTR~CTlNG OFFICER FOR THE PUBLIC E:-ITITY IDENTIFIED 1:-1 PARAGRAPH I ABOVE IS FOR THAT PUBLI C E:-ITITY ONLY AI\'D THAT TIfIS FORM [S V,\LfD THROl,;GH DECEMBER 31 OF THE CALE:-IDAR YEAR IN WHICH [T IS FILED. I ALSO UNDERSTAND THAT I AM REQURED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTER ING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED 1:>1 SECTION 287 .017, FLORIDA STATUTES FOR CATEGORY TWO OF A 'Y CHANGE II\' THE Il\'FORMATION COI\'TAINED 1:>1 THIS FORM. Signature STATE OF FLORIDA) COUNTY OF MIAMI-DAD E) )SS Sworn to (or affirmed) and subscribed before me by means of __ physical presence or __ on line notarization, this __ day of , 20_, by (Name of person making statement) Person all y known to me __ or has produced Ide nt ificat ion __ , type of identification produced. ____________________________________ __ (NOTARY SEAL HERE) SIGNATUR E OF NOTARY PU BLIC PRINT, TYPE/STAMP NAME OF NOTARY Page 53 19200 West Country Club Drive • Aventura, FL 33180 • 305·466·8900 • ciryofaventura.com 4.9 BUS I :>iESS ENTITY AFFIDA V IT (VENDOR/PROPOSER DIS C LOS U RE) On-Demand Tran spo rtation Services Request fo r Proposal RFP Ii 20-07-23-3 I, , being first duly swom State: The full legal name and business address of the person(s) or entity contracting or transacting business w ith the Ci ty of i\ ven tur a ("City") are (Pos t Offi c e add resses arc not acceptable). as follow s : Federal Employerldel7lifrcation Num ber (Iinol/e. Social Sec"rit)' NlImber} Na me o./'E nli1)·. Individual, Partners or Corporat ion Street Address Suite Ciry State Zip Code OWNER SHlP D I SCLOSURE AFFIDA JIlT I . If the contract or bus iness transaction is with a corporat ion, the hill lega l name and business a ddress shall be provided for each officer and director and each s tockho lder who hold s directly o r indirectly fiv e percent (5%) o r Ill o re of t he corp o r at ion 's sroc k . If the contract or business transaction is with a trust. the full legal name and address shall be prov ided for each trustee and each benefi c ia ry. A ll such names and addresses are (Post Office addresses are not acceptab le ), as fo ll ows: Full Lega l Name Addre ss Ownership __________________________________________________________ 0/0 --------------------------------------------------------------% ___________________________________________________________ 0/0 Page S4 19200 West Country Clu b Drive • Aventura, FL 33180 • 30S~466 ·8900 • cityofaven tura.com On -Demand Transportation Services Re quest for Propo sa l RF P # 20-07-23 -3 The full legal names and bu s iness address of any other individual (o th e r than s ub co ntractors, mat erial men , supp liers, laborers . or le nders) who have , or w ill ha ve. an y interest (lega l equ i table, beneficial or otherwi se) in the contrac t or bu si nes s transactio n w ith t he C it y are (Po st Office addresses a re not acce pt ab le ), as fo ll ows: Signa ture oj AfJiant Prim Nallle STAT E OF FL O RID A COUNTY OF MIA MI-DADE Date Sworn to (o r a ffi rmed ) and subscribed be fore me by means of __ physical presence or __ on line nota rization, this __ day of • 20_. by (Name of person making statement ) Persona lly known to me __ or has produ ced Ident ifi cation __ , type of ident ificat io n produeed _________________ _ (NOTARY SEAL HERE ) SIGNATURE OF NOTARY PUBLIC PRINT . TYPE /STAMP NAME OF NOTARY Pag e 55 19200 We st Country Club Dr ive • Aventura, Fl 33180 • 305-466-8900 • cityofavent ura.co m 4.10 DRUG-FREE WORKPLACE AFF IDA V IT FLORIDA STATE STATUTE 287.U87 On-Demand Tra nsportation Services Requesl for Proposa l RFP # 20-07-23-3 Identical Tic Bids: Preference shall be given to bu si ness wit h drug-free workplace programs. ~'hcncvcr two (2) or more bids which a rc equal with respect [0 price, qualit). and scn·ice arc~·rcce i ved by the State or by any political subd iv ision for the procurement of commodities or contractual sen ices. a bid rcce i\ cd from a business that certifies that it ha s impleme nt ed a drug-n"Ce workplace program shall be gi\·en preference in the award proce ss. E~tablished procedures for proces sin g tic bids will be followed if none of the tied ve ndors have a drug -free wo rkp lace program. In o rder to have a drug-free workp lace program, a b usi ness sh all : a) Publi sh a sta tement notifying employees that the unlawful manufacture. distributiun. dispensing, possess ion , or usc of a controlled s ub sta nce is prohibited in the workplace and specify ing the ac tions thai will be taken against employees for \ !Clations of such prohibition. b) Inform cmployees about the dangt!rs of drug abuse in the workplace. the business's polic) of maintaining a dmg -free wo r kplace. any a\ ailablc drug counseling. rehabilitation. and employee assistance programs. and the penalt ies that may be imposed upon employees fo r d rug abuse violations. 1) Give each cmployee c ngaged in providing the commod ities or contractual services that arc under Bid a copy of the smtcmen t specified in subsection (I ). 2) In the statem en t specilled in su bseclion (I), no tify the employees that. as a condition of wo rk.ing on the commod it ie s or co ntractual servic es lhal arc under Bid, the employee will abide by the terms of the stule ment and will notify the employer of any convictio n of. or pica of guilty or 11 010 cOlllcndcre to, a ny viola tio n o f chapter 893 or of any controllcd substance law of the United States or any state. for a violation occurring in the workplace no later Ihan five (5) days after such eon\'iclJoll. 3) Impose a sanction Oil, or require the smisfactOry panicipation in a dl1lg abuse ass istance or rehabilitation program if s uch is availab le in the emplo)ee·s commun ity. by any employee who is so com icted. 4 ) Make a good faith effort to cont inue to mainta in a drug-free workplace through the implementation of this sectio n . FLORIDA STATE STATUTE 28 7.087 As the person autholized to s ign the statement. I certify that this finn complies fully with the above requiremenl s. Proposer· s S ignature Page S6 19200 West Country Club Drive • Aventura, FL 33180 • 305 -466-8900 • cltyofaventura.com 4 .11 Ai\Tl-KICKBACK AFFIDAVIT STA TE OF FLORIDA COUNTY OF } } } ss: On-Demand Transportation Services Request for Proposa l RFP #-20-07-23-3 I , the undersigned. he reby duly sworn, depose and say that no portion of the sum herein bid will be paid to any emp loyees of the City of Aventu ra. its elected officia ls , and or irs design consultants , as a cOllllllission, kickback, reward or gifr, directly or ind irect ly by me or any member of my finn or by an officer of the corpordtion. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) By: Tit le: Sworn to (or affirmed) and subscribed before me by means of __ phys ical presence or __ online notarization, this __ day of , 20 _. by (Name of person making statement) Persona lly known to me __ or has produced Ident ification __ . type of identification produced _________________ _ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PRI NT . TYPE/STAMP NAME OF NOTARY Page 57 19200 West Country Club Drive • Aventura, Fl33180 • 305-466-8900 • cityofaventura .com On-Demand Transportation Services Request for Proposa l RFP # 20-07-23-3 4 .12 NON-COLLUSIVE AFFIDAVIT 5T A TE OFFLORIDA } 55: } COUNTY OF _______________ being first dul y S\\ 0111, depo,es and says that: a) He/she is the ___________________ . (Owner, Partne r, Officer. Representati,e or Agent) of th e Proposer tha t has submitted the attached Proposal: b) He /she is fully infonTIed respecting the preparation and coments of the altachcd Propo sa l and of all pertinent circu mstances re spec ting suc h Proposa l: c) Such Proposal is genuine and is no t collusive or a sham Proposa l; d) Neither the sa id Pr oposer nor any of i ts officers. par tn ers, owners, agents , representatives, employees or par tie s in interes t, includ ing this affiaIll, have in any way colluded. cons pired, connived or agreed, dir ectly or indirec tl y, w ith any othe r Proposer , firm. or pcrson to submi t a collusive or sha m Pro posal in connection with the \~/o rk for whic h the (lnachcd Proposal has been sub mitted: or to refrain frol11 proposing i n connection with sll ch work; or have in any man ner, directly or indi rectly, so ugh t by person to fix the price or prices in th e altached Proposal or of any other Pro poser, or to fix any overhead, profi t, or cost elements of the Propo sa l price or the Proposal price or any other Proposer, or to secure through any collus ion . conspiracy. connivance. or unlawful agreement any advantage against (Rec ipient). or any person interested in the prop osed work; e) The price or prices quoted in the attached Proposal arc fair and proper and are nOt tainted by any collusion, eonsp i rac~. connivance , or unlawful agreement on the pal1 of the Proposer or any other of iLS agents. representatives. owners. emp loyees or panics in in terest. including th is affiant. S ig ned, sea led an d de li "ered in the presence of: By : ________ _ \Vi tn ess \V itness (Pri n ted Name) (Titlc) Page 58 19200 West Country Club Drive • Aventura , Fl33 180 • 305 -466-8900 • cityofaventura.com NON-COLLUSIVE AFFIDAV IT (con tinu e d) ACKNOWLEDGMENT STATE OF FLORIDA) COUNTY OF MIAMI-DADE) ) SS On-Demand Transportation Services Request for Pro posal RFP # 20-07-23-3 Swo rn to (or affirmed ) and subscr ibed before me by means of __ physical presence or __ online notariz ation , th is __ da y o f , 20_, by (N ame of person making sta tement) Pe r sonally known to me __ or has produced Iden tificat ion __ , type of identification prod uced _________________ _ (NOTARY SEA L HERE ) SIGNAT URE OF NOTARY PUBLI C PRINT, TYPE /STAMP NAME OF NOTARY Page 59 19200 West Country Club Dr ive • Aventura, Fl 33180 • 305 ·1\66 -8900 • cityofaventura .com O n-Dem ana Tra nspo rt ation Services Request fo r Proposa l RF P # 20 -07 -23-3 4.13 SC RUTl 1\IZED C O~II >A1\IES PURS UA1\TTO SECT IO N 287.135, FLORJDA STAT UES Th e undersigned Proposer in accordance with Sect ion 28 7.135. Florida Sta tu tes. hercby cenifies that: I . Proposer is not participati ng in a boycott of Israel ; 2. Propo ser is not on the Sc ruti nized Companies with Activities in Sudan Li s t o r the Scrutini ze d Comp a nic s with Ac ti vit ies in the Ir an Pen'ol eu m Energ y Sector Li st; 3 . Proposer does not have bus in ess o peratio ns in Cuba or Syr ia. Signature (Blu e ink only) Pr int Na me Ti tle Date ST ATE OF FLORI DA) COUN TY OF MIAMI-DADE ) ) SS Sworn to (or affi rmed) and subscribed before me by means of __ physical p re sence or __ online notarization , this __ da y of , 20 _, by (N ame of person making statement) Personally known to me __ or has produced Identification __ , type of identification produced _________________ _ (NOTARY SEAL HERE ) S IGNATURE OF NOTARY PUBLI C PRINT , TYPE /STAMP NAME OF NO TAR Y Page 60 192 00 W est Country Club Dnve • Aventura , Fl 33180 • 305 -466-8900 • cityofavenwra .co m 4.14 CE RTIFlCAT IO N On-Demand Transporta tion Se rvices Request for Proposal RFP # 20-07-23-3 '"m W-9 flev, Deccmbft 201.) o., ... trn~ oIllIe T ...... <uy Request for Ta xpayer Identification Number and Certification Give Form to t he rc qucGtc r , 00 not :;end to th e lAS. 1nIo!, .... n.:.~"""s.r,a ':m" Taxp ayer Identification Number (T IN) Entor your Tl N In tho a;)propnato box Tho TIN ploVld6d I'I'IU$\ match lI'oe N.me g.\'o n on tinG 1 to ;n'Oid ) Sodll scrcuri1y number baekuo Yo1thh ot d 'ng For indlvlduals. th is Is generally your social S&CI.rity numbal (SSN) Ha .... 'I·'I. 101 a losidff1\ a ·l en. sole propnolOl. or d:srogllrdec entity. loU the Part r Instructions on pagll 3 For olhe r entltias. r.: is your amployer ioentlf ica tlon numbC)1 (EIN ) n you d o nol have a rurblN. seG How to get a n Non pa;o 3 No t o.1t the Q.ceor.11I1$ In m::lfO \tIan ::Ire ,'afT"e. 50e the in slructioo~ for kne t and l'1e ,hart on pliglI oj 10 1 ;uldllines on '.mos.a numbsl :O .ntar Certifi cation Undar penllltles of p e -jury.1 certrfy th.lt I The runbel s hown on Ihls lorm ~s my COl'l'oct taxpayer lcootlt.cat.cn rn:m ber (ar I al"l walbng 10' a runbel to bfill$suocl to mo~ and 2 I am nol S\l~ioct to bilckup l"Iitnholalng boc:lu ~o: (0) I om OXllmo l trom Da ,kup Ylllmo!ding. or (0) I MI"@nOl been notiliod by the Imemal Revenu e Service (I RS ) that I :1m SllbJec t to backup Yilthnol dinll a~ a rosu.I 01 a laWurll to repo rt alllntllre~t or di vi t:oncs. or (e) th e IRS nas notilled me that I am no tonger ~ubjec t to backup wi lnholdlng; and 3 , am a U Sca,lon 01 olhe' U S p(lfSOn (d.lftnod DG lowl. !!fld 4 The FATCA coda(s) Qntelad on thle tarm ~, anyl in di cating trot 111m exompl hom FATCA lopo rt lng is eorreet Certifica ti on instructions. You mus t cross OUI Item 2 aoo\'I if you nave blln nctlll,d by the IRS Iha! you lIIe CUflenUy 5Ubjllr;t to backup witl'll"lol[jng because you ha\·e lailed:o leport all.llalost and dl~al\ds on yocr lax fOtum Fo r loal estate transact Q:lS. item 2 OOtS nol a pply For mortgage inlelOs1 paid aCQu isi tion or i1bandQflmoot or socl.fod prop&rtV. anceUatlo'1 01 cobl. eontri cutions to an Indivi oulI retire mont aflaMomoot (IRA), and gllnOf1llJy. P3ymOOtS o thl!f thll11 In lenls l and divi d'nt15 you are not requl,ed to 5i9n th e certillc3tion but you mlr.lt prol'lde your correct n N See tile Inslluctions on page 3 STg'ii""I 5111 nl lurll O. Here I U .s .pG",on ~ O~tu ,.. Genera l Instructions S..ctIOO '~I.'M C"" ~I ~ 10 Ih~ ~"e",al A",,;lI\ul! Cor l& II n~~ nU,tlWI»il nQllld FI,ItUI1I develDpment. fnl,,'rn_~on ~boul dDvclopmenl$ aIlOCh"!ll-orm W·P (such u \0.;1 $1111100 l!f>Iood I n 81 W~ ,tlGlse tt) IS a1 • .. ,v'" u.lJOvltw9 Purpose of Form AT! Indiv'llulJ 01 ently f"'111 W-II .. 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FATCAlept;;~'1 .... p~:I II ... turll\l,. ,n/ormalioo 19200 West Country Club Drive • Aventura , FL 33180 • 305-466-8900 • cityofaventura.com ATTACHMENT B CONTRACT FOR ON DEMAND TRANSPORTATION SERVICES EXHIBTS A "RATES & SERVICE ADDENDUM" IN THE CITY OF AVENTURA CONTRACT IS modified by this Attachment B City has the right to the same terms and provisions as found in EXHIBT A " RATES & SERVICE ADDENDUM" IN THE CITY OF A VENTUR.\ CONTRACT unless those terms and provisions are clearly and unambiguously deleted by Beefreel Freebee's proposal to the City of South Miami. Where there is a conflict between the two documents, the terms and provisions more advantageous to the City must take precedence and the City has the right to enforces those more advantageous terms and conditions. The City of Aventura's (Aventura) map is deleted and the map of the City of South Miami, set forth below, is hereby substituted in place of the Adventura's service map. Beefree LLC October 21st, 2021 Dear City of South Miami, 2312 N. Miami Ave. Miami, FI33t27 T 305.330.9450 F 305.290.3363 info@ridefreebee.com ridefreebee.com This letter is in reference to the contract price for the Freebee services for the City of South Miami. The hourly rate of $24.91 is the rate being used which is less than the hourly rate contracted by the City of Aventura Hours of Operation Quantity of Vehicles -2 Freebee Vehicles + 1 Wheelchair Accessible vehicle (Total of 3 Vehicles) Vehicle Types -GEM e6 Equipment Provided by Freebee -Vehicles and Chargers Service Hours -See below Vehicle 1 -7am to 7pm, Monday-Friday. 11am to 11pm Saturday Vehicle 2 -11am -llpm, Monday-Saturday *-Minimum of 72 hours per week, per vehicle; or 3744 Annual Hours Cost -$186,526.08 Annually Parking and Vehicle Storage -Freebee will credit the City of South Miami a total of $3600 annually, which will cover 3 City provided parking spaces at the monthly rate of $100 per space. Advertising Revenue: Freebee will have the ability to sell full advertising on the vehicle's and will be entitled to keep 100% of revenue up to the first $72,000. Any advertising revenue generated over $72,000 will be split 50/50 between Freebee and the City of South Miami. Fee Includes Turnkey Operation: • Drivers • Vehicles • Charging Stations and Vehicle Electricity • App Development. Maintenance, and Licensing • Hiring, Training, and Scheduling of Drivers/Ambassadors • Program and Performance Management • Live Data Integration • Vehicle Maintenance • Insurance • Marketing, PR, and Outreach • Sponsorship/Advertising Sales • Transportation Planning and Design • Miscellaneous Supplies (Cleaning, etc) Sincerely. Jason Spiegel Managing Partner Beefree, LLC d/b/a Freebee rJj . ..., u City of South Miami Service Map ",""",T ~ SW3sn;ST ~ SWJI S; :5 _ -< ;!: -u - nlS! ~ SWJgnnER~ U ~ ~ ~ ~ SWmHST ____ .. ____ ~<!.. ___ -:-Ii! 1n:1: '" OT !Ii ~l~:;; SR 976> 1.'; !I; , ~'gi ~ i;; JIRORO SOPEflA~VE S.'/WllST SW4~HST SW'6THS! SWHIHSI SW4STHLN SW!>tIHSI . < ~SWS6T~51 i SWS7THST S,'/~THST 5'/1 !!lTHST ~ .' • ~ "" SW1!.SWo " ' ~ stl')'l!)sri g ~Im .. ~~ ~ So'/'JRO$T 'im~liIDST ~ $\'H2".tfIiT Slt""_ _~"J~!2ST SWtlSf$T :, ~S\'I'<'~ i; _L SW'Nl..l!! IoI..GAACIA'i!' CA.'flCRIA,WE GAtlCIAAVE SAARU.~VE 51'/*,IH$; SwulliS; SWUTHTER lJOOAAOO AVI • " • • ~ SW~5THLtl sw.mIS! ;;; ~ w _ ~ '" ~ ~ ~ S\V45Tfi51 ~I rAIRCHILD BlYO i $\'/4$111 TfR S ,"/ 'SIIl i£R ! 5 ~ ." 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" ~ 3 ,i ;aU!: .wtDEfRD l~ ~tHST ~~ ai'!ESCIA,WE G' , I'~'~ ::i Oi·· ~ ·1.i!"E .,_~. ~, 11 "TI "'-I[ ~~!l!""'" ~ v- ~ ~1 ~ ~':~ ~, ,~ ,~, ~ ",I' • .:,ri' <.:.Q -f:.,t., ~ " S\'1~11lS1 i ';1 I ~, ~""""-~ 5W$rnST .~$.. &1 .' n ~I S.Y IOI'H 51 -.~ ~. ~~~S1 ~, SI'I1j;.'tlST " ~ SW 71ST1sT ~ ~: 4' .,' ;- "" ./'" Ito SA.~REJ,!O"'\lE """'" Sl ~ ~ ~ . .t\ ,t; ~ ~ .... ~, "I ".,,'''''' i I 05' ~ S· ... mnSf til ~ ).. -,",,", ~' ~. SWT~!litr ~, -~,e~!~\~ ji!7.6W~~ ..... P . t! S'/i rmHER l8 M '" ~'" "i '" n. ~~ ~.'i~T)jSf iii "~. ... ~ 2 ~ ~ ... '*?~ ~ ~ <$»~ ~'~ 'J. "" .I ~· ~. ~ n ~ " S'.y7,lH1ER' ii g.'mIII ST S"/'IIHHST ~ ~ :::; ~ ~ .= :.lI '" .1, ;;; ~ ~ ~ ~ a' ~ .S\"'I~llisT' [lRa"".OR , 11 SW7aTHST ~ ~ ~ !;C' ,i.' ll!'W.~ 2 ~, DA'I1$OR. ..QA'IISBD < n - ~ ~ ~~I.ewu. dl ~~.-~ ~&; <c . -.~ t;; Oo;VJSBI) ~ ..SI'J~Si EMVlSRC $WeiST STlj;w 51ST ~R sweltHtsJ 'SNelWsr SW S41H 51 "I ij1 ~ .. ,~ ~' '" o 'S"IM~ST s;.V5oli)jlE~ S'NI!5THsr SIl.oJ>PE~ SW!6n;sr SW8mIJER ~ NKENOMLDR SW '81TH IN " " SWs.eTHTER 0 u ~ ~ , j;; 'SlyttnlSf'lf ~" • ~~-a ~ t; al swe«rn.5} J ~~IPB,sW8_~ . 51 ,iii P'"'.IEDR u % S'NB6 TH S1 i ~ -. sw &TTM 51 to SW!Ia!HSI ~ BANYA.~ DR ~ , ~ ; • ~ SW 891fj TEi'! • • i -~ g '% 5W~TH-!!... ~ ~ '" N w.&~ .~E s Legend Cit y's Ro ads - State Roa ds County Road s Road s20 10a round City of Sou th Mia mi o 0.1 0.2 0,3 0.4 ~ Miles Milea ge tolals fo r each category: City of South Miami (C SM) roads = 46.80 miles ; (Miam i-Dade) Coun ty roads = 8.33 miles ; State (o f Flori da) ro ads = 2.57 miles, Made by City of South Miami Engineering & Construclion , 3/1 9/2010 GIS Dala by Miam i·Dade County , 3f2010 RESOLUTION NO. 142-2()"15582 A Resolution authorlzlna the CIty Manaler to enter Into a one-year cantrad with BEEFREE, u.c (BEEFREE) for a polnt-to-polnt transportation service by plgybadcJng onto BEE FREE's alreement with the DelRay Beach eRA. WHEREAS, the Delray Beach CRA conducted a competitive bid process for a point-to- point transportation service to provided residents, visitors, and business employees with convenient, efficient and free-of-charge transportation options; and WHEREAS, BEEFREE, LlC was awarded the contract and provides the polnt-top-polnt on- demand service with nelshborhood fully electric vehicles, (NEV), GEMe6; and WHEREAS, the polnt-to-polnt service will operate on a demand response system throughout the boundaries of the City; and WHEREAS, the program will include drivers, three fully electric vehicles, advertiSing revenue placed on the side of the vehicles will be split equally 50-SO on advertising revenue over $72,000, charging stations, transportation planning and design, live data integration, marketing PR and outreach, miscellaneous supplies, etc., and; WHEREAS, program launch is expected mid-November 2020 and based on a pro-rated fee schedule, the estimated cost for the one-year agreement is $150,000 expiring September 30, 2021 and shall be charged to the Peoples Transportation Plan (PTP) account no. 125-1730- 541-3450 with a current balance of $150,000. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND an COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager Is hereby authorized to enter into a one-year contract with BEEFREE, LlC for a polnt-ta-point transportation service piggybacking onto the agreement between BEEFREE and DelRay Beach eRA for a program fee of $150,000 charged to the Peoples Transportation Plan (PTP) account no. 125-1730-541-3450. SectIon 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the CIty Attorney for any conforming amendments to be incorporated Into the final resolution for signature. Section 4. Severability. 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. Pagelof2 97 Res. No. 142-20-15582 Section 5. Effective Date. this resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 20th day of October. 2020. ATIEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGAUTY AND ~2?i;;ifr ellY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Uebman: Commissioner Gil: Page 2 of2 s-o Yea Yea Yea Yea Yea 98 SUNDAY NOVEMBER 7 1011 BROWARD HEALTH FAIR & 1;'3 ~ ~ I (I] il =1:4 ;111 ******************************** Tuesday,Nuvemberg • 10AM-3PM GULFSTREAM PARK CASINO • 3rd FLOOR gO 1 S. Federal Hwy., Hallandale Beach 50 Exhibitors with Senior Product s & Services· Great Travel Deals Free Health Screening & Medicare As sistance· Inv estment Planning Oiverse Retirement living & Medical Option s · Door Prizes & Raffles Nice Food Options Available In Casino· Grand Prize: 50" LCD /HD TV A OPEN TO THE PUBLIC • mi~~,~m~) ~s~~~~~~?.~ B~I~~~9~!~~1 Visit our website: www.Retirement-Times.com For attendee info, please call: 754-246-2874 CITY OF OPA • LOCKA REOUEST FOR PR OPOSALS flFP NO: 21·1130100 C,mmu nll, Shutlllin Sluic i s • .., PIt;m>ls 10, c.or-.......... S~11o EO! s .. .tce ... ~ 'KHitrlI>j!he CIty ,I O~"'I! tile Db .1 It. ely CIoI ... lec rnI>e'""" Sl~' noor. ~b<Q.f!orklol3()5 ~.T."I IJ ."' .. ~I"I'.m I Il..U:O.J.ll.A"Il!fpP~ruffledll\t'~""\TI>lI<I <lrIsi'\l~d ... ,,: ...... tI~otd.l ... CI:y orOpH)(l..IrroiI bo ..... ~trr,r cro;><wIs ~" .... _ ~"YJI" "<9~" w:.mI \'O~ :rt*'uI~ .... due t\o!'.~""""n, ''''''' •• ~ to. Il.:.mI1td v~.,.....rt· .... 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"'I~~'" lwIo r ..... _ ..................... k~_ \!oe1t!;r1l:41Ill I IJn " ___ no711 c..t.rc_ ·'ltlUM1M • .c&lIOIlWS,_·'I/JIII,USIto'bo» ·~U&nl.4il&ttl"S'_·l1IllmlJSt"""""'1 ~1Ir __ 'llllU66,"IJS(OCa;r>1 ·''''~\oI_IJS(IIe.'fr\1 .tXlIIiIISi1I1SlWW*>p'1X\ "1-<51 .. ,/tt1olS1 __ ·'M'J .. i'~lloIStSaro.bOO1 .tlSU'UIIlU5 IT ... ~1 CITY OF SOUTH MIAMI, FLORIDA CITY COM MISSION NOTICE OF PUBLIC HEARINGS t, ..... , .. hl.ir<e 'Ii. otaI 100 Iho CIty 01 Sou!~ ~bmllI> fltl(licn...., ',.· ... d ... .JI ~W-n> <J:.:irq!"Ic COVIO 19 ~ ...... I t~ wnf. dmr, ~ g,.tetl t~ I'u/'J'I, U!ely and WItII.I .. 01 b tllltl M, I~" oMl/.' "'" :l<IrfH\tra1>t lUI!. ~'ld I""",M tl:yo' Sor.<tt> ~II"" Colle. t/IapW 1Ifi.OII. flo. $Ul It ... CIr(.1tomo III.Ie """",, •• -.1 rJ:y 1.bN!Ie/. IItd ... tbo 01 •• In, or tmtrvtroq ~Jt .. tho CO,. ........... 1h: Cllvd be ~ it> CIty C<:wm1s31on Me.tn:! M k _" ... dVlU~llY "'''''II,~ ... 1IIt tectrd:>gy(Cr..t1) ,",:I~ItI'" o!~1/!<1C't 1\lI...,... .. 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"'Wtttmrt"h, ~ """ M>I>n .. ,,*", f:t1dh,J ;>(r;Jlt;o:lo:\. _*" _,.utbo • _ ..... ~. to ....... _"'*MI>bIt~,""'*QV, __ \S.MjIlc~"""I ........ !Ih!CltyCltrktrv...,..~OIl. N'.N __ "f l"""S"""""'~ICS .• _~ ... ir!n,">c,. .. ~_ ....... tIo.8 .. 1I."-"'''~''''tnIIfC1 .. ot"/ .......... """""",,,~ "to ........... "><'n:!, '''",,~'' IN :>tC<td'ol"\It , ... _ ... ..., .. :>t ..... J """ rmo.,fIiI lit ,,~u ........... <t.I~~_rI.>I .. tho 1IIOU.ns ~<W"h",~"""""'",,co'""""'~"'''IIt''b''t<! .... . lOA " .... ~.h-..,.,., ... ~ .. o:b«"'_ ... rtII.It""'.;r<&wy>bo ..... -.bh_'lO~:.~.cty_ ................... ~ '''''' ... \Ie .. ''.'OO' ..... l-. ....... U'''' ... ,,.o'*'Ir('<II~'''''#:1I,,~,,.~ .. rr.,.)<U ........ '''''II:t~CI! ... !lkk lll"-=lC506&UlOCl, "'..,.I.IS!3()S ...... '/JrI.oo s".,,~Io!l> .... ~1J.o ................... It .... ~ ... Io<rIllotv . ·''''...........",'''''''., ... ~., ...... ", .. ''''''~ .... _ ..... ,''''tn~I6-6'O''I.1 .. ·A .. #,fJ"'~'"c'*"tor."Iho~bo1i.~ _iI'..Ie • ..., ...... l'."" .... ""' ... ,(.,~".OJOf .......... 'iI~ .. 'f"' ... It' ..... "'*-' .. U>p\otYt""ltb!.·· 99 MIAMI DAILY BUSINESS REVIEW Published Daily ex.cept SOIIM'd3y. SI.n1a.,. MId LegaJH~s t.!~i. MJ3m~ade Couruy FIonC1a STATE OF FLORIDA COUNTY OF MIAMI·DADE: G Be folc the unders ig ned au thority plHsonat1y appea red D~~~~~~O GARC IA, who on oath says that he or she Is lhe OF , OflEAAtlOWi. Legal Notices 01 the Miami oa lh, Business Re vre; flk! '1 'I a Miami RevlCW, 0 dO lty (QJ(ccp l Saturday, Sunde bi t heel V and Leg al Holidays) newspaper pu 5 al Miami In Miami-Cade County, Florida ' thol th~ attached copy of advertisement. being a legal Ad~ertJsemen l of Notice in the matter of CITY OF SOUTH MIAMI-PUBLIC HEARINGS · NOV 16 2021 In the XXXX Court. wa s pubhshed In said newspaper in the issues 01 11 10512021 Affia nt furthe r says thai the said M' I 0 ' Rev iew I lam ally Business 5 a . news paper published at Miami , In so ld Mia mI -Dade County , Flonda and that the said no bee 1 wspaper has hOre tofore n con I nuovsly publiShed in said Mlami-Cado Coun ty FI 'd ~ach day (elCccp t Sa turday , Sunday and Legol HOlldO'yS) O:n~ as been enlered as second class ma ll mOller 01 ttl o;rrcc in Miami In said Miami-Dade County . Fl orida l or a Q ;~ o one year nen preced inn the Ii b ' ' , ,.. ItSI pu lleaUon 01 Ih e Dl1ached copy of advertIsement; and affiant lurther says thai he or she has neither paId nor promised any person rr ' any dl ' frm Of corporation , $COunt , rebate , comm ission or refund for lhe pUlpose of secun ng this advert isemen t 10. p,bl.""llon nev~paper ...... In th e said §f!{w:::_~ ~s~N~ GUILLERMO GARCIA personally knO\'t'n 10 rna ,d}&;;:;;;~\ CHRISTINAlYNtlRAVIX ,', ,., CommIssIon#GG271711 -0:.. • ... ·1: .. ,,1, \!'~o;'i;.o?f/ .......... es November 19, 2022 ....... ". Bondod Thn.r Troy Fa:i'l 1nsuntIc::c f.OO.385.70t9 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for \he City 01 South Miami to function and conduct vital business during the GaVIO 19 pandemic and, at the same time, to protect the health, safety and welfare of its dOzens, officers , officials and administrati ve sta ff, an d pursuant Ci1y 01 South Miami Code. Chapter 286.011, Aa. Stat. the City's Home Rule Powers, and City Manager's declaration 01 a state of emergency due to thO Coronavirus, th e City \vill be hold ing its City Commission Meeting five in chambers and VIRTUALLY through communications media Iechnology (C Ml) until th e state 01 emElfgency haS ended or social distanc ing Is no longer requ ired by any relevant Executive Orders. Al l Commission memberS will part Icipate in Chambers or by video conferencing through the Zoom platfonn and members of the pub li c may join the meeting via Zoom at (blIP s:llz_o_o.!D,usliL30_56Ii363$Bl and part icipate. At a minimu m, at least thr ee members of the City Commissi on will be ph ysi cally present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform aiong with all other members of the Commission. Ci ty Staff and the public who may attend rernotely from the Commissio n Chambers and from other locations, The meeting is scheduled to begin on I!!.C~I November 16 2021 at 7:00 m. to consi der the fo llowing public hearing itemls): A Resolution au\horizing the City Manager to enter In to a mutl-year contract with Beelree, LLG for On·Demand Tran sportalion SeMce onlo a piggybaCk agreement from the City 01 Aventura . A Resolut ion ollhe City Commission of the City of South MiamI, Florida, pursuant to Section 197,3632, of the Aorid£! Statutes, pro viding for a Uniform Method of Collecting Non-Ad Valorem Assessments for Sefid Waste Collection and Disposal, authorizIng the City Manager to enter into an Intei10Cai Agreement with Miami-Dade County to place the City's proposed Non-Ad Valorem AsseSSflleO\s lor So\KJ Waste CoIleCUon and DispOsal on lhe Miami-Dade County Tax sm . 100 • MiaffJ/ An Ordinanco amending the City 01 South Miami Land Development Code. Chap ter 20, Section 2D·3.6(V). to provide an exception for ould()O( running programs . An o«fPWlce amending the Cily of South Mi!Jm; Land 0eveI0pml!f11 Code Section 20-3.6(V) amending th e provision s regarding sound emanating from within a building. An Onfmance relaled to the fee schOduIe; nmonding Ordinanco No. 15-21·2405 to revise descriptive language, to 0011 exis ting fees, and 10 add new fees to the schedule. If you desire to present evidence or you are unable to use Zoom, there are procedures to foIfow and other optioos available indudlng a deOcated phone line to listen and patticfpale in the meeting and IImlted public attendance. all of which Is set forth in the meeting notice posted at City Han and at htlP_~.so_uj.t![J1jamlflJLovillOlPubJlc-M~ill9.s..:NoJ.ices. Anyone who -.. 10 rwiew pendilg appIica1Ion, supporting documental Ion or who desire to have documents made available for view.ng by e-.uyooo during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Aorida Statutes 266.0105, i1 pct'soo who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing. a record of the proceedings win be required for said appeal and such person will be required to have a verbati m transaipt of the proceedings including the testimony and evidence upon which the appeal is to be based. 1Tho miniTlum standards for adopting a resoIlrtioo Of enacting ilfl ordinaoce are set forth In 166.041(4) ••• A majority of the members of the governing body shall constitut e a qUOl'Wll. ArI affirmative VOle of a maJority of a quorum presen t is necessary 10 enact any ordinance Of adopt any reso/l1t1on.. .,- ADA: To request a modifICation 10 a porJCy, practice or procedure or to request an auxiliary aKie or service in order 10 participate In B City program, actMty or event. you must on or before 4:00 p.m. 3 bUsiness days befOfO the meeting (not counting the day of the mooting) deliver your toquest to th e City Clerk by telephone: 3Q5..663.0340, by man at 6130 Sunset Drive, South Miami, Florida Of email at npayneOsouthmlamifl.gov. Nkengn A. Payne. CMC, FCRM CilyClerl< 11/5 21·8110000561328M 101