ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO /09 FOR PARKING METER COLLECTION SERVICES FOR THE CITY S PARKING SYSTEM

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1 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, PROCUREMENT DIVISION Tel: Fax: September 1, 2009 RE: ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO /09 FOR PARKING METER COLLECTION SERVICES FOR THE CITY S PARKING SYSTEM Note: The due date for receipt of proposals remains no later than 3:00 p.m. September 9, ) Attached are the following: a) Maps with collection zones b) FY07 Meter Collection Report please note the clarification for each column which is only included in the first page of this report. c) FY08 Meter Collection Report d) FY09 Meter Collection Report (up to July 2009) 2) The sign-in sheet from the pre-proposal meeting of August 19 th is attached. 3) The City s Living Wage Guide is attached. Questions and Answers: Q1) Can you provide daily collections for the past year? A1) The estimated number of collections, as provided in the RFP is 200,000 single space and 18,000 multi-space. However, this number will change as we increase the number of multi-space meters throughout the City and decrease the number of single space. Q2) Can you provide current pricing in the existing contract? A2) $0.65/per single space meter and $6.50 per multi-space meter Q3) Is the Performance Bond of $500,000 required, or can the proposer provide audited statements as evidence of financial stability? A3) A $500,000 Performance Bond will be required of the successful proposer. Q4) P.15 Under Equipment, how much overtime was required of the prior contractor in the prior year, for which the contractor was responsible for the overtime A4) We do not have this information. RFP No /09 Addendum #1 September 1, 2009 Page 1 of 3

2 Q5) P.17 Under Transporting of Funds If the City chooses to have the contractor transport the revenue from the processing facility to the depository, does the contractor receive additional compensation for the extra time involved? A5) The City has a separate contract for armed guard services for this purpose. The City only requires the contractor to deliver to the Parking Department coin room and would not require the contractor to deliver to the bank depository. Q6) P.18 Under Firm Price Application is the pricing by meter collected, or by total price? So that the contractors pricing is not an apples-to-oranges comparison, please specify the pricing format desired. We are not clear on the 10:1 ratio. Does that mean we get credit for 10 collections for each pay station and 1 credit for collection for each meter head? A6) Pricing should be submitted per type of by meter collected. Please provide a price per single space and price for multi-space meter collected. The ratio refers to guidelines that we follow for multi-space meter installation. i.e. one multi-space meter services 10 parking spaces (more or less) vs. the 1:1 ratio for the single space meter. The contractor is paid based on actual single-space and multi-space meters collected. Q7) Will the City consider requiring all bidders to supply new collection vehicles in attempt to even the bidding process? For example, if the incumbent, Standard Parking, plans to submit a proposal for this contract, they do not have to budget any equipment amortization costs on nearly $200,000 worth of equipment since they already own the collection equipment from the current contract that has already been fully amortized. They would be able to bid zero under their equipment amortization expense which means they would be the lowest bidder and guaranteed to win the new contract. A7) All bidders are required to purchase new vehicles. Q8) Can the City provide a photograph or sketch of the collection vehicle described in the RFP both inside and out and the canister compartment? A8) This is not available. Q9) What level of glass and metal protection does the City desire in the collection vehicle described in the RFP? For example, does the City desire the highest level of protection against assault rifles, handguns, or only alarms, GPS, etc? A9) The collection vehicle specifications are outlined in the RFP. The level of security provided for each collection vehicle should be included as a component of the proposer s response. Q10) Would the City agree to add language requiring the City to provide contractor with prompt written notice of any claims for which it seeks indemnity? A10) The term "Prompt" is vague. The City could agree to a time period for notice of 60 days from date of notice to the City. RFP No Addendum #1 September 1, 2009 Page 2 of 3

3 Q11) Would the City agree that contractor shall be given prompt written notice of any default and a reasonable period of time thereafter in which to cure the default? A11) These provisions shall be addressed upon award and subsequent negotiations with the successful proposer. Q12) Will the contractor have any termination rights? For example, if the City fails to compensate contractor in a timely manner, then contractor should have a right of termination. A12) These provisions shall be addressed upon award and subsequent negotiations with the successful proposer. Q13) While City personnel are counting the collected revenues [as per Sec. 9 on Pg. 17], would the revenues be considered in the care, custody and control of the City or the contractor? A13) The City. Q14) Would the City agree to guarantee a CPI-based increase in prices for the renewal term (if exercised), rather than merely consider such an adjustment? A14) No. The Contractor may request a CPI (Consumer Price Index) based increase for the City to consider, if the renewal option is exercised. Q15) What is the amount of the liquidated damages that could be assessed for errant employee behavior under this Sec. 21.C? Liquidated damages are mentioned, but no amount is specified. A15) The value of liquidated damages are contingent upon the exposure and/or loss to the City. Proposers are reminded to please acknowledge receipt of this addendum as part of your bid submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the Notice to Prospective Bidders questionnaire with the reason(s) for not submitting a bid. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director RFP No Addendum #1 September 1, 2009 Page 3 of 3

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43 LIVING WAGE INFORMATION GUIDE UNDERSTANDING THE LAW The Living Wage Ordinance, thru of the Miami Beach City Code was adopted by the Mayor and Commission on April 18, 2001 and became effective April 28, 2001 with the intent to provide salary rates for full time employees equivalent to the poverty level plus 10%, and therefore, eliminate sub-poverty level wages. What is the Living Wage Requirement? All employers covered by the Living Wage Ordinance are required to pay employees performing covered services, no less than $8.56 per hour with health benefits, or $9.81 per hour without health benefits. Living Wage requirements apply to: City employees, contractors and subcontractors of City service contracts involving the City s expenditure of over $100,000 per year providing the following types of Covered Services: Food Preparation and/or Distribution Security Services Routine Maintenance Services such as custodial, cleaning, computers, refuse removal, repair, refinishing, and recycling Clerical or other non-supervisory office work, whether temporary or permanent Transportation and Parking Services Printing and Reproduction Services Landscaping, Lawn and/or Agricultural Services Park and Public Place Maintenance EMPLOYER RESPONSIBILITIES What are the employer s responsibilities to the employee? Pay the employee at least bi-weekly the applicable hourly Living Wage rate Pay wage rates in accordance with federal and all other applicable laws such as overtime. Pay the employee at least $1.25 per hour towards health benefits for covered employees and their dependents Post the Living Wage rates in a prominent place or in employees paychecks every six (6) months in English, Creole and Spanish Permit interview of employees without interference No retaliation or discrimination against an employee who files a complaint is permitted What are the employer s responsibilities to the City? Maintain payroll for three (3) years File complete payroll records with the Procurement Contracts Compliance Specialist every six (6) months and allow inspection upon request Submit proof of provision of health benefits to qualify to pay the lower Living Wage rate during the initial eligibility period of ninety (90) days for new employees* Submit list of all subcontractors and payroll records for employees working on the contract Ensure subcontractors compliance with Living Wage Ordinance EMPLOYEE RIGHTS AND ENFORCEMENT What are the employee s rights? An employee who believes that the Living Wage Ordinance applies and whose employer is not complying with the Ordinance has a right to file a complaint with the Procurement Director. What are the City s complaint procedures and sanctions? The City will investigate the complaint within thirty (30) days and require corrective action from the employer when applicable. If a Service Contractor fails to comply with any notice of corrective action issued, the City Manager or City Manager s designee may issue an order to appear at an administrative hearing at a set time, not less than five (5) days after service. Retaliation and Discrimination Barred: A City service contractor or subcontractor shall not discharge, reduce compensation, or otherwise discriminate against any employee for making a complaint to the City or asserting his or her rights under the Living Wage Ordinance. NOTE: *Amendment to the Living Wage Ordinance, Section 2-408(b) entitled Health Benefits, adopted April 30, 2003.

44 Service Contractor to Cooperate: The Service Contractor shall permit the City Contracts Compliance Specialist ( CCS ) or representative to observe work being performed at, in or on the project site. Furthermore, the CCS or representative may conduct interviews with the covered employees performing work at, in or on the project site to determine compliance. Violations of the Living Wage Ordinance Failure to post wages on site Underpayment of covered employees False or inaccurate payrolls Failure to submit payrolls Retaliation against employees Not allowing access to employees or payroll records Penalties and Sanctions: Stop Payment (for any amount deemed to employee) Contract termination Damages payable to the City of Miami Beach in the sum of up to five hundred dollars ($500) for each week per covered employee(s) found to have not been paid in accordance with the Code Ineligibility for future service contracts for three (3) years or until all penalties and restitution have been paid in full NOTE: Further complaint procedures and sanctions apply; please refer to Ordinance for a complete description GLOSSARY OF TERMS Service Contractor is any individual, business entity, corporation (whether for profit or not for profit), partnership, limited liability company, joint venture, or similar business who is conducting business in Miami Beach, or Miami Dade County, and meets one (1) of the two (2) following criteria: Paid in whole or part from one or more of the City s general fund, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; OR Engaged in the business of, or part of, a contract to provide, a subcontract to provide, or similarly situated to provide services, either directly or indirectly for the benefits of the City. However, this does not apply to contracts related primarily to the sale of products or goods. For more information on the Living Wage or a copy of the Ordinance, refer to the City of Miami Beach website: We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Covered Employee relates to anyone employed by the City or any Service Contractor, as further defined in this Division, either full or part time, as an employee with or without benefits or as an independent contractor. Covered Employer relates to the City and any and all Service Contractors, whether contracting directly or indirectly with the City, and subcontractors of a Service Contractor.