Y22-1016_Micromobility_Program_RFP_Final.pdf

ORANGE COUNTY, FLORIDA

PROCUREMENT DIVISION

Issue Date: December 20, 2022

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed proposals for:

REQUEST FOR PROPOSALS #Y22-1016-PD, Micromobility Program

TERM CONTRACT

Copies of the Request for Proposals (RFP) documents may be obtained from Orange County by download at: https://secure.procurenow.com/portal/orangecountyfl

PROPOSAL SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, January 24, 2023, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the

OpenGov Procurement portal only at: https://secure.procurenow.com/portal/orangecountyfl.

Firms shall not be permitted to hand-deliver, mail, telephone, fax or email offers. Responses received after the submission deadline and/or transmitted outside of the designated OpenGov

Procurement portal shall be rejected.

PRE-PROPOSALS CONFERENCE:

A Non-Mandatory Pre-proposal Conference will be held on Friday, January 13, 2023, 1:30 PM, located at Traffic Engineering Conference Room, 4200 S. Joun Young

Parkway, Building 1, 3rd Floor. Attendance is not mandatory but is encouraged.

NOTICE TO PROPOSERS:

To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is Perry Davis, Contracting Agent at Perry.Davis@ocfl.net.

QUESTIONS:

All questions or concerns regarding this Request for Proposals shall be submitted by email to

Perry.Davis@ocfl.net, no later than 5:00 PM Tuesday, January 17, 2023 to the attention of Perry

Davis, Procurement Division, referencing the RFP number.

https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/orangecountyfl mailto:__________@ocfl.net mailto:____________@ocfl.net i

TABLE OF CONTENTS

DESCRIPTION PAGE

SECTION 1: GENERAL TERMS AND CONDITIONS 1-15

- INSTRUCTION TO PROPOSERS 1

- QUESTIONS REGARDING THIS RFP 1

- INSURANCE REQUIREMENTS 2-5

- IRREVOCABLE LETTER OF CREDIT 6

- WITHDRAWAL OF PROPOSAL 7

- REFERENCE CHECKS 11

- CONFIDENTIAL INFORMATION 11

- MISTAKES 13

SECTION 2: SPECIFICATIONS/SCOPE OF SERVICES 1-12

SECTION 3: PROPOSAL SUBMISSION REQUIREMENTS

AND DOCUMENTATION

- STATEMENT OF NO PROPOSAL

- SEALED RESPONSE SUBMITTAL LABEL

- PREREQUISITE REQUIREMENTS

- PROPOSAL FORMAT

SECTION 4: SELECTION CRITERIA

SECTION 5: ATTACHMENTS

- PROPOSAL COVER PAGE

- ACKNOWLEDGEMENT OF ADDENDA

- AUTHORIZED SIGNATORIES/NEGOTIATORS

- DRUG-FREE WORKPLACE FORM

- CONFLICT/NON-CONFLICT OF INTEREST FORM

- E-VERIFICATION CERTIFICATION

- RELATIONSHIP DISCLOSURE FORM

- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)

- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT

- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)

- LOCATION FORM

- AGENT AUTHORIZATION FORM

ii

- LEASED EMPLOYEE AFFIDAVIT

- INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY

- EQUAL OPPORTUNITY WORKFORCE SCHEDULE

- DRAFT AGREEMENT

- DRAFT LICENSE AGREEMENT

- IRREVOCABLE LETTER OF CREDIT

SECTION 1

GENERAL TERMS AND CONDITIONS

Section 1, General Terms and Conditions | Page 1

GENERAL TERMS AND CONDITIONS

1. INSTRUCTIONS TO PROPOSERS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl. Responses will be opened per the public meeting notice.

Offers by mail, hand-delivery, e-mail, telephone, or fax shall not be accepted.

Proposals submitted outside of the designated electronic submission portal shall be rejected as non-responsive regardless of where received.

The County shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any offer. The submission deadline shall be scrupulously observed. It is the sole responsibility of the proposer to ensure that their proposal reaches the Procurement Division. The decision to refuse to consider a proposal that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance).

All proposals will be opened publicly in accordance with the public notice, and the names of all timely proposers shall be read aloud.

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801

2. QUESTIONS REGARDING THIS RFP

All questions or concerns regarding this Request for Proposals must be submitted in writing, by email as indicated on the coverpage of this RFP, referencing the RFP number.

When required the Procurement Division will issue an addendum to the Request for

Proposals. The addendum will be available on the Internet for access by potential proposers. Proposers are instructed not to contact the initiating division directly.

Proposers shall not direct any queries or statements concerning their proposal to the Orange

County Procurement Committee or County staff during the selection process, from the time of submission of a proposal until the execution of a contract.

https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Section 1, General Terms and Conditions | Page 2

Any proposer who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement. However, you may contact the Contracting Agent at any time during this process, including during the

Black Out Period.

No oral interpretation of this Request for Proposals shall be considered binding. The

County shall be bound by information and statements only when such statements are written and executed under the authority of the Procurement Division Manager.

This provision exists solely for the convenience and administrative efficiency of Orange

County. No proposer or other third party gains any rights by virtue of this provision or the application thereof, nor shall any proposer or third party have any standing to sue or cause of action arising there from.

3. CONTRACT TERM

It is the intent of the County to enter into a one (1 ) year term contract, with renewal clause for two (2 ) additional one ( 1 ) year terms for services as described herein.

4. MULTIPLE AWARD

The County reserves the right to make multiple awards based on the results of this RFP.

5. DRAFT CONTRACT

The contract that the County intends to use for award is enclosed for reference. Any exceptions to this standard contract must be clearly indicated by return of the standard contract with the proposal, with exceptions clearly noted. The County has the right to require the selected respondent to sign the attached contract or to negotiate revisions to the contract language prior to execution of the contract, at its sole discretion.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

6. INSURANCE

Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Vendor/Contractor is not intended to and shall not in any manner limit or qualify the liabilities assumed by

Vendor/Contractor under this contract. Vendor/Contractor is required to maintain any coverage required by federal and state workers’ compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time.

The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub-

Contractors providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein.

Section 1, General Terms and Conditions | Page 3

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of

A- Class VIII or better.

(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best

Ratings are available at www.ambest.com)

Required Coverage:

Commercial general liability with limits of $2,000,000.00 per occurrence, $5,000,000.00 policy aggregate affording coverage for claims resulting from bodily injury (including death) and property damage. The Company may meet these limits with primary and excess coverage. The policy shall be written on a primary and noncontributory basis, and should insure against premises and operations, personal injury, and contingent and contractual exposures.

Required Endorsements:

Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.

Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations

Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.

Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number.

Automobile/motorcycle liability affording coverage on all motor vehicles/scooters/electric bicycles/micromobility devices, if used in connection with the operations or activities contemplated under this article. The company should furnish the

County with a policy affording coverage on all owned autos and scooters, including coverage for hired and non-owned auto exposures, with a combined single limit for bodily injury (including death) and property damage of $2,000,000.00 per accident

Workers' Compensation - The Vendor/Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by-case basis. Any

Vendor/Contractor using an employee leasing company shall complete the Leased

Employee Affidavit.

Workers compensation subject to the statutory limits of the State of Florida.

The County retains the right to require additional insurance coverage in connection with the activities performed by the company under this article as may be determined by the County, considering the size of the fleet and other liability insurance related factors. Nothing herein constitutes a waiver of the County’s sovereign immunity.

http://www.floir.com/companysearch/ http://www.ambest.com/

Section 1, General Terms and Conditions | Page 4

Failure to maintain required insurance coverage is cause for immediate revocation and cancellation of the permit by the Director or his or her designee.

The Certificate of Insurance for any insurance policy required by this section must be on file with the County, in a form acceptable to the Director, or his or her designee, prior to the issuance of a permit under this section.

Insurance required under this section must include a cancelation endorsement in which the insurance company is required to notify both the company and the Director or his or her designee, in writing not fewer than 30 days before cancelling any insurance policy or before making a reduction in coverage. A micromobility company, upon receiving said notice, shall file with the Director, or his or her designee, in a form acceptable to the County, a certificate of insurance for any and all replacement insurance policies prior to the cancelation or reduction of same.

A company may not be self-insured except to the extent that a portion of the above limits may be self-insured upon approval by the County.

Furthermore, the Company agrees to provide a waiver of transfer of rights of recovery, in favor of the County for the general liability policy as required herein. When required by the insurer or should a policy condition not permit the Company to enter into a pre-loss agreement to waive subrogation without an endorsement, then Company agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others endorsement.

Required Endorsements:

Waiver of Subrogation- WC 00 03 13 or its equivalent

When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Vendor/Contractor most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis the Vendor/Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Vendor/Contractor of the obligation to provide replacement coverage.

By entering into this contract Vendor/Contractor agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers’ compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Vendor/Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of

Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement.

Section 1, General Terms and Conditions | Page 5

Prior to execution and commencement of any operations/services provided under this contract the Vendor/Contractor shall provide the COUNTY with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Vendor/Contractor shall also provide endorsements for each policy as specified above.

All specific policy endorsements shall be in the name of the Orange County. Florida.

For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY’s contracted certificate compliance management firm. The certificates shall clearly indicate that the Vendor/Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Vendor/Contractor shall notify the COUNTY not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five

(5) business days prior to the effective date of the replacement policy (ies).

The certificate holder shall read:

Orange County, Florida c/o Risk Management Division

201 S. Rosalind Avenue

Orlando, Florida 32801

Indemnification

The Company shall indemnify, defend, and hold harmless the County, and its elected and appointed officials, employees, agents, and instrumentalities from any and all liability, losses, or damages, including any and all attorneys' fees and costs of defense, which the County and its elected and appointed officials, employees, agents, and instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature including, but not limited to, personal injury, wrongful death, and/or property loss or damage, to the extent arising out of or in any way connected with the operation, maintenance, or use of micromobility devices on all streets, sidewalks, sidewalk areas, and other unincorporated areas. The Company shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits and/or actions of any kind or nature in the name of the County, where applicable, including administrative, trial, and appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon.

The Company shall expressly understand and agree that any insurance protection required by the

County, the micromobility license agreement

Section 1, General Terms and Conditions | Page 6

, or otherwise provided or secured by a Company, shall in no way limit the responsibility to indemnify, defend, and hold harmless the County, its elected and appointed officials, employees, agents, and instrumentalities. The obligation to indemnify, defend, and hold harmless shall survive the revocation, termination, cancellation, or expiration of a license agreement. The Company shall acknowledge in the license agreement, which will include this indemnification, that the issuance of the license is, in part, conditioned on the granting of this indemnification which is knowingly and voluntarily given by the Company.

7. IRREVOCABLE LETTER OF CREDIT

An ILC attachment A is required in the amount of $25,000 (twentyfive thousand dollars) prior to contract execution. The ILC shall be in the form of a written commitment from a federally insured financial institution to pay the entire amount of the contract until the expiration of the letter or upon presentation by the County (the beneficiary) of a written demand therefor. Neither the financial institution nor the contractor can revoke or condition the letter of credit.

The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC shall be issued by an acceptable federally insured financial institution. Only federally insured financial institutions rated investment grade or higher shall issue the ILC. The contractor shall provide the County a credit rating that indicates the financial institution has the required rating as of the date of the issuance of the ILC.

The ILC shall cover the entire period of the contract, including any extensions thereto, until completion of any warranty period.

The ILC must be issued by a federally insured institution located in the State of Florida with a rating of AAA or higher by Barnes Financial Reports. (form is attached)

8. POST AWARD MEETING

Within SEVEN (7) days after receipt of notification of award, Contractor shall meet with the County’s representative(s) to discuss job procedures and scheduling.

9. ACCEPTANCE/REJECTION/CANCELLATION

The County reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment best serves the interest of the County, or to award a contract to the next most qualified proposer if a successful proposer does not execute a contract within thirty (30) days after approval of the selection by the Board of County Commissioners or other competent authority.

Section 1, General Terms and Conditions | Page 7

The County also reserves the right to reject the proposal of any proposer who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of proposers in order to make a determination as to the foregoing.

Orange County reserves the right, and the Manager of Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

10. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF

SPECIFICATIONS/ REQUIREMENTS/ STATEMENTS OF WORK

Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation.

This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

11. CLARIFICATION

The County reserves the right to request clarification of information submitted and to request additional information of one or more proposers.

12. WITHDRAWAL OF PROPOSAL

Any proposal may be withdrawn until the date and time set above for the submission of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of one hundred and twenty (120) days, to provide to the County the services set forth in this Request for Proposals, or until one or more of the proposals have been awarded.

13. SEALED PROPOSALS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl, prior to the submission deadline. Proposals will be opened and proposer names shall be disclosed per the public meeting notice.

14. PROPOSAL PREPARATION

Costs of preparation of a response to this request for proposals are solely those of the

Proposer. The County assumes no responsibility for any such costs incurred by the

Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

15. ACCOUNTING SYSTEM

https://secure.procurenow.com/portal/orangecountyfl

Section 1, General Terms and Conditions | Page 8

The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. The accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five

(5) years after completion of this contract. The County or designee shall have access to books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section, for the purpose of inspection or audit anytime during normal business hours at the Contractor’s place of business. This right to audit shall include the contractor’s subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractor(s) and suppliers.

16. SHORTLISTS, PROTESTS AND LOBBYING

The recommended award will be posted for review by interested parties at the Procurement

Division and at: http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the

Board selects the Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No. 2002-15.

Orange County Protest Procedures http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Procurement Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of bid protest proceedings.

Information regarding Procurement Committee scheduling and Board approvals is available by calling the Procurement Reception Desk at (407) 836-5635.

17. PUBLIC ENTITY CRIME

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of

Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_infor mation/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve ndor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

Section 1, General Terms and Conditions | Page 9 for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

18. AVAILABILITY OF FUNDS

The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement.

19. TOBACCO FREE CAMPUS

All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to contractors and their personnel during contract performance on county-owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies.

20. SINGLE-USE PRODUCTS

The Board of County Commissioners has established a single-use products and plastic bags policy intended to reduce the use of products which have become globally recognized as having lasting negative impacts on the environment.

Neither single-use products nor plastic bags may be sold or disbursed on County property by staff or contracted vendors, except as set forth in Orange County Administrative

Regulation 9.01.03. Failure to comply with the Regulation may result in termination of the contract or other contractual remedies, and may affect future contracting with the County.

The use of reusable, recyclable, biodegradable, or compostable materials is encouraged.

21. VERIFICATION OF EMPLOYMENT STATUS

The Contractor is required to be registered with the U.S. Department of Homeland

Security’s E-Verify system prior to entering into a contract with Orange County. The

Contractor shall use the E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the contract term. The Contractor shall include an express provision in all of its subcontracts requiring subcontractors, who perform work or provide services pursuant to the contract, to use the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. For more information on this process, please refer to United States Citizenship and

Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

Only those employees determined eligible to work within the United States shall be employed under this contract.

http://www.uscis.gov/portal/site/uscis

Section 1, General Terms and Conditions | Page 10

By submission of a bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the

E-Verification certification, attached to this solicitation.

A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida

Statutes is obligated to terminate the contract with the person or entity pursuant to Section

448.095(2)(c)1, Florida Statutes. If Orange County terminates the contract for the foregoing reason, the contractor may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated, and the contractor will be liable for any additional costs incurred by Orange County as a result of the termination of the contract.

22. SCHEDULE OF SUBCONTRACTING

Proposers shall list all proposed sub-contractors to be used, regardless of racial or gender grouping. Include names, addresses, phone numbers, type of work subcontracted

(discipline, trade or commodity), proposed percentage of work, and the M/WBE or

Majority designation (M/WBE or Non-M/WBE).

23. EQUAL OPPORTUNITY

It is hereby declared that equal opportunity and nondiscrimination shall be the County’s policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County

Administrative Regulations.

Further, the Contractor shall abide by the following provisions:

A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract.

B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non-discrimination provision of the contract.

The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors.

24. CONFLICT OF INTEREST

The award is subject to provisions of applicable State Statutes and County Ordinances. All proposers must disclose with their offer the name of any officer, director, or agent who is also an employee of Orange County. Further, all proposers must disclose the name of any

County employee who owns, directly or indirectly, an interest of ten percent (10%) or more

Section 1, General Terms and Conditions | Page 11 in the Proposer’s firm or any of its branches. Should the Contractor permanently or temporarily hire any County employee who is, or has been, directly involved with the

Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

25. DEBRIEFING OF PROPOSERS

Not later than thirty (30) days after Board approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the

Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

A. Key requirements of the solicitation.

B. The overall ranking of all proposals.

C. The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

D. If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

E. If applicable, a summary of the rationale for award.

F. Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

26. REFERENCE CHECKS

The contact person listed as a reference shall be someone who has personal knowledge of the Proposer’s performance during the referenced contract. Contact persons shall have been informed that they are being used as a reference and that the County may be contacting them. More than one person can be listed but all shall have knowledge of the project. DO

NOT list principals or officers who will not be able to answer specific questions regarding the project.

Failure of references listed to respond to the County’s inquiries may negatively impact the evaluation of the Proposal. The reference shall be the owner or a representative of the owner.

27. CONFIDENTIAL INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all bidders/proposers should be aware that formal solicitations and the responses thereto are in the public domain.

Requests for confidential treatment will not supersede the County’s legal obligation to provide records to the public consistent with public records law. Bidders/proposers must cite specific, applicable legal grounds to support a request for confidential treatment, of

Section 1, General Terms and Conditions | Page 12 any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful bidder’s/proposer’s name, the substance of the bid/proposal, and the price.

If the bidder/proposer requests confidential treatment, bidder/proposer must submit an additional copy of the bid/proposal with the proposed confidential information redacted.

This copy must include a general description of the information redacted, and shall only be redacted in the least expansive manner necessary to effectuate the requested exemption(s).

In a separate attachment, bidder/proposer shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis under Florida law, including a detailed justification for exempting the information from public disclosure.

Bidder/proposer shall hold harmless and indemnify the County for all claims, actions, suits, judgments, fines, costs or damages the County may incur as a result of bidder’s/proposer’s request for confidential treatment of its bid/proposal. Bidder/proposer agrees and understands that the County may make copies of, and distribute, the bid/proposal without any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such copying will not violate the rights of any third party.

28. PUBLIC RECORDS COMPLIANCE

(APPLICABLE FOR SERVICE CONTRACTS

Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall:

1. Keep and maintain public records required by Orange County to perform the service.

2. Upon request from Orange County’s custodian of public records, provide Orange

County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from the 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 Orange County.

4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange

County all public records in possession of the Contractor or keep and maintain public records required by Orange County to perform the service. If the Contractor transfers all public record to Orange County 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 Orange County, upon request from Orange

County’s custodian of public records, in a format that is compatible with the information technology systems of Orange County.

Section 1, General Terms and Conditions | Page 13

5. A Contractor who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

6. 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 :

PROCUREMENT PUBLIC RECORDS LIAISON

400 E. SOUTH STREET, 2ND FLOOR, ORLANDO, FL 32801

PROCUREMENTRECORDS@OCFL.NET, 407-836-5635

29. FEDERAL AND STATE TAX

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue

Code and Florida Sales/Use Tax Exemption Certificate). The Manager, Procurement

Division will sign an exemption certificate submitted by the Contractor.

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

30. PROPRIETARY/RESTRICTIVE SPECIFICATIONS

If a proposer considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the

Procurement Division prior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Request for Proposals.

31. MISTAKES

In the event of extension error(s), the unit prices will prevail and the proposer’s total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Proposer’s total will be corrected accordingly. Any discrepancy between words and numbers will be resolved in favor of the written words. Proposers must check their submissions where applicable. Failure to do so will be at the Proposer’s risk.

Proposals having erasures or corrections must be initialed in ink by the Proposer.

32. CONTRACTUAL AGREEMENT

This solicitation shall be included and incorporated in the final contract or purchase order.

The order of contract precedence will be the contract (purchase order), solicitation, and proposal. Any and all legal actions associated with this Request for Proposals and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida.

Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for

Orange County, Florida.

mailto:ProcurementRecords@ocfl.net

Section 1, General Terms and Conditions | Page 14

33. FEES PAYMENT TO THE COUNTY

Fees are to be paid to the County as defiend in the Scope of Work and Licence Agreement.

34. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this offer, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and, C. No attempt has been made or shall be made by the Proposer to induce any other person or Proposer to submit or not to submit an offer for the purpose of restricting competition.

35. FEDERAL REQUIREMENTS

In the event this Contract is paid in whole or in part from any federal government agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause.

Equal Employment Opportunity: For any federally assisted construction contract, as defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.

Davis–Bacon Act: For any federally assisted construction contract, in excess of two thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Davis-Bacon Act (40 U.S.C. 3141 – 3148) as supplemented by

Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and assisted Construction”); and the Copeland

“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public

Work Financed in Whole or in Part by Loans or Grants from the United States”).

For a definition of “Construction” see 48 CFR 2.101.

Contract Work Hours and Safety Standards Act: For any federally assisted contract, in excess of one hundred thousand dollars ($100,000), that involves the employment of mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).

Section 1, General Terms and Conditions | Page 15

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required

Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative

Agreements Appendix A. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Rights to Inventions Made Under a Contract or Agreement: For any federally assisted contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR

401.2 for the performance of experimental, developmental, or research work, the contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and

(b) regarding Patent Rights and The Allocation of Principal Rights.

Clean Air Act and the Federal water Pollution Control Act: For any federally assisted contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the requirements of the Clean Air Act (42 U.S.C. 7401 -7671q.) and the Federal water

Pollution Control Act as amended (33 U.S.C. 1251 – 1387).

Procurement of Recovered Materials:

(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

(2) Information about this requirement, along with a list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Awarded Contractors are required to fully comply with all requirements outlined in 2

CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

SECTION 2

SPECIFICATIONS / SCOPE OF SERVICES

Section 2, Specification / Scope of Services | Page 1

SCOPE OF SERVICES

Project Description

Orange County, Florida (“County”) seeks to enter into a license agreement with up to three (3) firms to implement and operate a successful on-demand micromobility device system (“System”).

Each micromobility device company (“Company”) approved under the terms of this Request For

Proposals shall provide and own all System equipment and meet all statutory and County criteria to operate a fleet of electric scooters and/or electric bicycles, which may be rented for short periods of time by the general public.

Proposals shall clearly state that the cost and responsibilities for all design, installation, operations, maintenance, insurance, and marketing to users will be borne and insured by the Company, which may submit individually or as part of a team. The proposal must clearly identify the Company’s sources of revenue streams, including implementation and collection of user fees, sponsorships, and any other revenue streams to cover capital and operating costs. The Company shall pay all associated fees required by the County, as detailed in the County’s micromobility ordinance (Ord.

#2022- 07, adopted March 8, 2022, a copy of which is attached hereto Attachment C). The County’

Public Works Department will provide and maintain associated micromobility parking areas through assessment of fees to all Companies. The County will not provide any funding or financial support for the Companies or related costs, and proposals requesting, contemplating, or relying on

County funding will not be considered.

Through this competitive selection process, the County may select up to three (3) Companies to serve as qualified System operators. A selected Company must enter into a License Agreement with, and receive a license from, the County before commencing micromobility device operations.

Draft License agreement forms are included as attachment B. All micromobility devices shall be geo-fenced to be kept within the geographical service area(s) approved by the County (“Service

Area(s)”).

Any micromobility-related licenses issued shall be issued for one (1) year in the name of the lead entity responsible for all operations of the permitted System. As System operators, Companies may subcontract with any other individual, firm, company or corporation to provide the full range of micromobility devices; however, a Company shall remain responsible for all obligations, actions, and inaction of its subcontractors.

Upon license issuance, Companies shall report and work directly with the Director, who shall be the System administrator for the County. The County reserves the right to amend regulations and/or suspend a Company’s operations at any time if deemed necessary by the County, in its sole discretion.

Definitions (as contained in Ordinance # 2022-07)

(a) Bicycle shall have the meaning ascribed to it in Section 316.003(4), Florida

Statutes, as it may be amended.

(b) Bicycle path shall have the meaning ascribed to it in Section 316.003(6), Florida

Statutes, as it may be amended.

(c) Company means a micromobility device provider that is a person, firm, corporation, or other legal entity that makes bicycles, scooters, and/or other micromobility

Section 2, Specification / Scope of Services | Page 2 devices available for immediate, self-service rental through an online application, website, or software for point to point trips.

(d) Director means the Orange County Director of Public Works or that person’s designee, who shall administer this Article.

(e) Electric bicycle shall have the meaning ascribed to it in Section 316.003(23), Florida Statutes, as it may be amended.

(f) Emergency Preparedness Plan means a plan that details where the micromobility devices will be located and the amount of time it will take to secure all micromobility devices when a tropical storm or hurricane warning has been issued by the National Weather Service.

(g) Geofencing means the use of Global Positioning Systems (“GPS”) or Radio

Frequency Identification (“RFID”) technology to create a geographic boundary, enabling software to trigger a response when a mobile device or micromobility device…