Solicitation X1249133P1 Economic Impact Analysis for Port
Transcription
Solicitation X1249133P1 Economic Impact Analysis for Port
Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 1 of 48 Solicitation X1249133P1 Economic Impact Analysis for Port Everglades Bid designation: Public Broward County Board of County Commissioners 3/9/2015 2:27 PM p. 1 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 2 of 48 Bid X1249133P1 Economic Impact Analysis for Port Everglades Bid Number X1249133P1 Bid Title Economic Impact Analysis for Port Everglades Bid Start Date In Held Bid End Date May 4, 2015 5:00:00 PM EDT Question & Answer End Date Apr 22, 2015 5:00:00 PM EDT Bid Contact Jeannette Ferrell Purchasing 954-468-3517 jferrell@broward.org Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for Not Applicable Bid Comments Scope of Services: The Port Everglades Department seeks the Professional Services of a qualified Consultant to develop both cargo and cruise economic maritime-specific impact model(s) to measure the local, regional and state economic impacts generated by the maritime activity at the maritime container, break bulk, liquid bulk and dry bulk cargo terminals as well as cruise terminals at Port Everglades. These model(s) will be developed specifically for Port Everglades and will be commodity-type specific and designed to separately identify four quantifiable impacts of jobs (direct/induced/indirect/related user), personal income, revenue and taxes. The model(s) are to be used to test the sensitivity of impacts to changes in passenger and tonnage levels, commodity mix, vessel calls, inland transportation modal mix, port and labor productivity, and new construction and/or terminal expansion or improvement. Question and Answers: The County is not obligated to respond to any questions received after listed deadline. Vendors must submit questions through the Question and Answer Section (available in BidSync). Item Response Form Item X1249133P1--01-01 - Consulting Services Quantity 1 contract Prices are not requested for this item. Delivery Location Broward County Board of County Commissioners PRT014 PORT EVERGLADES PORT DIRECTOR'S OFFICE 1850 ELLER DRIVE 6TH FLOOR FORT LAUDERDALE FL 33316 Qty 1 Description Price will not be considered in the final evaluation and rating of the qualified firms. 3/9/2015 2:27 PM p. 2 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 3 of 48 SCOPE OF SERVICES Economic Impact Analysis for Port Everglades BACKGROUND SUMMARY The Broward County Port Everglades Department located in the State of Florida, is a public agency that creates jobs by advancing maritime trade and commerce, promoting industrial growth, and stimulating economic development. Port Everglades is one of the top container, cruise, and petroleum ports in North America, and one of 15 deepwater ports in the State of Florida. With its containerized cargo, liquid and dry/neo-bulk commodities, and cruise activities, Port Everglades is one of the most diversified ports in the State of Florida. In fiscal year 2014 the Port produced more than $153 million of operating revenue from cruises, containerized cargoes, roll on/roll off (RO/RO), bulk, break-bulk, liquid-bulk, heavy-lift cargoes, and other non-waterborne activities. Port Everglades encompasses about 2,190 acres of land. Its facilities include petroleum pipelines and other petroleum-specific facilities, cruise terminals, parking facilities, marine terminals, near-dock rail facility, handling equipment, docks, commercial real estate properties, warehouses, including Foreign Trade Zone (FTZ) No. 25 with both onsite and off-site sub-zones, and other amenities available to lease or develop. As an Enterprise Fund of Broward County (the “County”), Port Everglades Department’s policies are set and/or approved by an elected nine-member Board of County Commissioners (BOCC). The BOCC appoints a County Administrator who oversees the businesses of the County. The County Administrator in turn appoints a Chief Executive/Port Director to negotiate business deals and manage the Port’s day-to-day operations. The Port primarily operates as a “landlord Port”, with many of its businesses being operated by private operators on long-term leases. The Port Everglades Department seeks the Professional Services of a qualified Consultant to develop both cargo and cruise economic maritime-specific impact model(s) to measure the local, regional and state economic impacts generated by the maritime activity at the maritime container, break bulk, liquid bulk and dry bulk cargo terminals as well as cruise terminals at Port Everglades. These model(s) should be developed specifically for Port Everglades and should be commodity-type specific and designed to separately identify four quantifiable impacts of jobs (direct/induced/indirect/related user), personal income, revenue and taxes. The model(s) are to be used to test the sensitivity of impacts to changes in passenger and tonnage levels, commodity mix, vessel calls, inland transportation modal mix, port and labor productivity, and new construction and/or terminal expansion or improvement. The Request for Proposal (RFP) response should describe the proposed methodology and approach to be used for the economic impact model(s) and analyses to achieve the desired results of Port Everglades and should address the tasks and deliverables in EXHIBIT-1. The RFP response should also contain examples of how the consultant has worked with other ports or maritime-related organizations to identify and use highly leveraged data and other variables to develop maritimespecific Economic Impact Model(s) and conduct local, regional, and state economic impacts analyses. 3/9/2015 2:27 PM p. 3 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 4 of 48 SCOPE OF SERVICES MEASURING THE ECONOMIC IMPACTS OF CARGO AND CRUISE ACTIVITY AT PORT EVERGLADES The selected firm will develop Maritime-specific Economic Impact Model(s) and conduct local, regional, and state economic impacts analyses for the Port Everglades Department of Broward County. The following tasks in EXHIBIT-1, detail the approach that may be taken to measure the economic impacts generated by seaport activity at Port Everglades (Port). The Model(s) and the economic impact analysis should analyze and document economic impacts such as the direct, indirect and induced impacts of the Port in terms of jobs, business revenues, local purchases, personal earnings and state and local taxes. The Model(s) and economic impact analysis should also quantify the impacts associated with “users and related-users” of the Port’s facilities. Many businesses may not be “dependent” upon Port Everglades but they are regular users of its facilities and therefore accrue benefits because of the facilities. Likewise, many local businesses may not be direct users of the Port’s facilities but are “dependent” on the Port’s operation, and therefore also accrue benefits. The Model(s) and economic impact analysis should also be able to address the quantity and quality of jobs supported by Port-related activities; and includes the economic sectors and commodity groups for each of the activities. The impacts should be presented for each of the five distinct economic sectors involved in port activity, as listed in EXHIBIT-1, under Task-1. Additionally, the Port is expecting a breakdown of the impacts of Cruise Activity at Port Everglades. The seaport economic model(s) should also be capable of showing the geographic distribution of the impacts by Broward County cities, Broward County Commission districts, and/or South Florida counties for the economic sectors. The approach taken should be commodity-type specific and designed to isolate four quantifiable impacts: jobs, personal income, revenue and taxes. The resulting seaport economic impact model(s) should be used to test the sensitivity of impacts to changes in passenger and tonnage levels, commodity mix, vessel calls, inland transportation modal mix, port and labor productivity, and new construction and terminal expansion and/or improvements. The impacts should be terminal specific as well as commodity. Also, the resulting model(s) should be so designed to be used to update the impacts on a regular basis. To gather input data, the Consultant may use a combination of personal interviews, telephone interviews, published state and county data, and econometric models developed from local data that would result in the specific tasks and listed in EXHIBIT-1. Utilizing the model(s) developed, the Consultant will prepare a comprehensive annual Port Everglades Local and Regional Economic Impact Analysis Report by Fiscal Year. In addition, the Consultant will utilize the model(s) developed to conduct cargo and/or cruise economic impact model runs for specific individual projects as needed by the Port, which will be provided to the Port in the form of a written report. In addition, on an As-Requested Basis by the Port, the Consultant is expected to be prepared to carry out Optional Services noted in EXHIBIT-2, including a recalibration of the model(s). 3/9/2015 2:27 PM p. 4 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 5 of 48 EXHIBIT-1 Tasks and Deliverables The results of the Model(s)’ economic impact analysis will be used in a variety of ways to advance the work of Port Everglades (Port). The results will serve as the foundation for communication with the general public, media and elected officials about the critical role of Port Everglades to the local, regional, and state’s trade economy. Additionally, this information will supplement business proposals, grant and other funding requests, etc. As such, it is imperative that the methodology used to develop the Model(s) and the resulting economic impact analysis be transparent, sound, and consistent with the areas covered in past Port Everglades economic impact analyses. The methodology should also be consistent with other methodology employed for economic impact analysis studies conducted within the maritime sector. The Consultant will detail the steps to be taken in the method(s) developed, and/or list justifiable data and data sources that will be used. The RFP response should describe the proposed methodology and approach to be used for the economic impact model(s) and analyses, acceptable to Port Everglades, and should address the following tasks and deliverables: TASKS TASK 1: DEFINE PORT PARTICIPANTS AND STUDY STRUCTURE This is a crucial task, as it is necessary to rigidly define what is to be measured and to further identify the interrelationships between the various impact sectors. Subtask 1.1: Identify Port Participants Waterborne cargoes handled at public and private terminals at the Port generate economic activity in various business sectors of the local economy. Specifically, five distinct economic sectors are involved in port activity. These are: x Surface Transportation Sector - This sector consists of the railroads and trucking firms that move cargoes to and from the Port. x Maritime Service Sector - This sector includes those firms engaged in arranging marine transportation, vessel operations and cargo handling; local service industries; and U.S. and state government agencies. x Banks and Insurance Firms - This sector is not directly involved in cargo handling or vessel operations, however, it does provide services such as financing export/import transactions and insuring cargoes and ships (including cruise ships). x Shippers/Consignees - This sector includes those firms that ship or receive cargoes via Port Everglades. For the purpose of the Economic Impact analysis, shippers/consignees will be divided into two categories. The first category should consist of those users dependent upon the Port and usually located within the Port's immediate hinterland. The second category of shippers/consignees should consist of those Port users that could and do use competing ports. For example, if the Port were not available, members of the first category would likely be driven out of business in the near term, while members of the second category will shift to another port. 3/9/2015 2:27 PM p. 5 Broward County Board of County Commissioners x Bid X1249133P1 Exhibit 1 Page 6 of 48 Port Everglades Department - This sector includes the employees of the Port Everglades Department and contractors dedicated to seaport operations, the income received by these employees and the revenue received by the Port from maritime operations. Within each of the five economic sectors noted above, a list of relevant firms should be compiled from Port’s records and the Port directory of services. These Port participants may represent the population from which the majority of data required for the impact analysis will be extracted. Subtask 1.2: Identify Major Commodity Groups Since the impacts could be commodity-type specific, the major commodity groups to be used in the analysis will be identified and agreed upon with Port Everglades Department. Commodities normally reflect the method of handling, which could have a significant effect on the economic impacts generated. The commodities/commodity handling types should include but not limited to such commodities as: x x x x x x x x Containerized cargo (including dry and refrigerated containers) Breakbulk cargo: i Steel rebar; i Coils; i Lumber; i Vehicles and yachts; and i Miscellaneous breakbulk; Aggregates; Cement; Gypsum; Other dry bulk cargo; Petroleum; and Other liquid bulk cargo. Having identified the Port’s participants and the commodity-group categories, as agreed to by the Port, the input data to be collected for the economic impact analysis, are described in Task 2, below. TASK 2: COLLECT DATA In this task, data required to estimate the impacts may be collected through a combination of personal and telephone interviews; the use of port-specific data regarding surface transportation patterns, service and commodity origins/destinations (O/Ds) and the use of state and county specific data published by the U.S. Bureau of Census (i.e., County Business Patterns, Census of Service Industries, Census of Retail Trade, Census of Wholesale Trade, Census of Construction, etc.). Additional data sources and/or collect methods may also be identified and proposed; subject to acceptance by the Port. TASK 3: ESTIMATE DIRECT JOB IMPACTS Four types of employment impacts will be generated by the Models: ¾ Direct Jobs - the jobs directly dependent upon the shipment and receipt of cargo via Port Everglades (These are jobs that would cease if the Port were to close). The jobs included are with cargo operations, surface transportation operations, cruise operations, shipyard and repair 3/9/2015 2:27 PM p. 6 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 7 of 48 operations, exporters and importers directly dependent upon the shipment and receipt of cargo via the Port. ¾ Induced Jobs - the jobs generated in Broward County due to the in-state purchases of goods and services by those directly employed in port-related activity. ¾ Indirect Jobs - the jobs generated due to the local purchases by directly dependent firms. ¾ Related User Jobs - the jobs with shippers/consignees using Port Everglades. These jobs are not completely dependent upon the Port. In this task, the direct job impacts should be estimated separately for each of the following economic impact sectors: x x x x x Surface Transportation; Maritime Services; Banking and Insurance; Shippers and Consignees; and Port Department. Direct jobs may be estimated on the basis of interview results. Jobs dependent on port-specific tonnage (by major commodity group) and vessel calls (associated with major commodities) may be estimated using labor productivity and ship call data collected during the interviews. The direct job impact should be estimated on a county, city-specific and Broward County Commission District basis, based on the location of employees' residences (zip codes), as identified through interviews, International Longshoremen's Association (ILA), Teamsters, and non-Union records, and port records. The methodology that may be used to measure jobs for each sector is described in the following subtasks. Additional methodology may also be identified and proposed; subject to acceptance by the Port: Subtask 3.1: Estimate Surface Transportation Sector Direct Job Impacts The surface transportation sector may consist of railroads and trucking firms moving cargo to and from Port Everglades: x x Railroad Employment Impact; and Truck Employment Impact. Subtask 3.2: Estimate Maritime Service Sector Direct Job Impacts The Model(s) developed should be used to estimate commodity-specific job impacts from the categories listed below: The job impacts in this category may be obtained directly from interviews, supplemented, as necessary, by published local data. x x x x x x Terminal, Crane Operation, and other Longshore jobs (both ILA, Teamsters, and non-Union); Pilots; Towing/barge operators; Marine terminal construction; Warehousing and Cargo Screening Facility (CFS) operations; Crane and other heavy equipment rental services; and 3/9/2015 2:27 PM p. 7 Broward County Board of County Commissioners x Bid X1249133P1 Exhibit 1 Page 8 of 48 Other maritime service sector (this category include security, agents, freight forwarders, nonvessel operating common carriers (NVOCC), surveyors, customhouse brokers, container repair and leasing, chandlers, bunkering firms, barge operators, etc.) Subtask 3.3: Estimate Banking and Insurance Sector Job Impacts The jobs generated by port cargo activity in the banking and insurance sector may be estimated directly from interview results. The Consultant’s proposal should specify how the jobs will be allocated and analyzed. The jobs generated by port activity in the banking and insurance sector related to vessel or equipment purchase and/or leasing may also be estimated directly from interview results. Where possible, the jobs may be allocated to specific commodities such as container leases to containerized cargo. Subtask 3.4: Estimate Shipper/Consignee Job Impacts Two types of shippers/consignees are associated with port activity. The first type consists of users totally dependent upon Port Everglades. It is this category of shippers/consignees that is of interest in estimating employment impacts. The jobs in these firms that are totally dependent upon port activity should be estimated based on the responses to the interviews. These port dependent exporters and importers should be identified from Port Everglades marketing officials, industry-specific data, as well as interviews with the terminal operators. The Consultant’s model(s) are to profile all aspects of the dependent exporters and importers and document the impact of the value of the cargo moving via the Port on employment by these dependent port users. Local purchases from the economy to support the import and export operations should also be identified and used to estimate indirect jobs with port dependent exporters and importers. Based on the interviews, the Consultant is to develop industry production economic value, by type of industry. For imported cargo used by local industry, the Consultant may use a similar method -- develop production functions for the consuming industry that will translate imported cargo over Port Everglades into direct jobs, at each stage of the import process. The production function data may be developed from survey data as well as data from the U.S. Bureau of Economic Analysis Regional Input-Output Modeling System; or via other justifiable source(s)/method(s) developed by the Consultant and approved by the Port. The second type of shippers/consignees consists of users of the Port who are not totally dependent upon the Port. These should be included with related-user jobs, as described in Task 8. Subtask 3.5: Estimate Port Everglades Department Job Impacts Jobs within the Port Everglades Department dedicated to seaport operations are to be estimated directly from Port records, and include the following: x x x Broward County payroll records of Port Everglades Department employees and the budgeted salaries of all approved but vacant positions in the Port’s complement; Broward County payroll records of employees of County departments which are set up solely to provide support for Port Everglades onsite such as the Seaport Engineering and Construction Division, Purchasing, Human Resources and County Attorney sections and include the budgeted salaries of all approved but vacant positions in their complements; Pro rata impact of Broward County allocated support services such as accounting, payroll, computer support and services, and purchasing; and 3/9/2015 2:27 PM p. 8 Broward County Board of County Commissioners x Bid X1249133P1 Exhibit 1 Page 9 of 48 The number of contract employees working under agreements with Port Everglades for activities such as crane maintenance, parking, ID office, security, and fire safety (with salaries based in contract rates). Subtask 3.6: Estimate the Geographic Scope of the Impacts The direct job impacts are to be estimated at a Broward County Commission district, city and county level of detail. The specific Broward County Commission districts and cities for which the impacts are to be estimated will be provided by Port Everglades. The city, county and state specific impacts should be based on the residency of the direct employees (including Port contract employees), as determined through the surveys and ILA, Teamsters, and/or non-Union records. TASK 4: ESTIMATE INCOME IMPACTS For participants in each of the five economic impact sectors, the average annual earnings per person should be estimated from the questionnaire results or from secondary research data. The family wage jobs should be identified based on the income impact, by job category, commodity, and line of business. To estimate the effect of the re-spending of port-generated income throughout Broward County, a regional income multiplier may be applied. The appropriate state income multiplier may be obtained. The re-spending effect may then be used to estimate induced jobs, as described in the following Task 5. TASK 5: ESTIMATE INDUCED AND INDIRECT IMPACTS The induced and indirect models developed in the seaport analysis should also be used in the other impact models. Each is described in the following two subtasks: Subtask 5.1: Induced Impacts In this task, the Consultant should isolate that fraction of the personal income impact used by individuals to purchase goods and services produced in the local and regional economy and the resulting induced employment generated by Broward County residents. It is important to emphasize that these jobs are generated due to the purchases by individuals employed due to port activity, not by firms supplying services at the Port. Subtask 5.2: Indirect Impacts The Consultant is to indicate what method or means will be used to develop this estimate. Indirect impacts are to be estimated for Broward County, as well as the state of Florida. TASK 6: ESTIMATE BUSINESS REVENUE IMPACTS The revenue or output impacts, as measured by the level of gross sales generated by maritime activity at Port Everglades, are to be estimated for each of the five economic sectors and allocated by commodity where possible. 3/9/2015 2:27 PM p. 9 Broward County Board of County Commissioners TASK 7: Bid X1249133P1 Exhibit 1 Page 10 of 48 ESTIMATE STATE & LOCAL TAX IMPACTS State and local tax impacts, as well as state and local tax burdens, are to be estimated. These may be done by using tax data from the State; and/or from the Tax Foundation; or via a justifiable source(s)/method(s) developed by the Consultant. TASK 8: RELATED USERS Related impacts with users of the public and private port facilities may be estimated by determining the key local shippers/consignees using Port Everglades marine terminals; or via a justifiable method developed by the Consultant. The Consultant will detail the steps to be taken in the method developed, and/or justifiable data sources that will be used. For imported cargo, the Consultant is to also determine whether the cargo is a raw material or consumer good. For cargo that is a raw material or primary input into a local industrial user, the Consultant will develop output to dollar value of input ratios for each user industry. The Consultant is to estimate output, personal income and taxes in state for the related users. The Consultant will detail the steps to be taken in the method developed, and/or justifiable data and sources that will be used. TASK 9: PREPARE SEAPORT CARGO IMPACT MODEL The Consultant will be prepared to carry out this task as described in DELIVERABLE 1 below. The Seaport Economic Impact Model(s) should enable the Consultant to evaluate the specific economic impacts associated with alternative terminal development, i.e., new breakbulk terminal vs. container terminal, vs. a dry bulk facility. Subtask 9.1: Develop Seaport Cargo Model(s) to Estimate the Potential Economic Impacts of New Cargo Service(s) at Port Everglades. The Seaport Economic Impact Model(s) should enable the Consultant to evaluate the specific economic impacts associated with new cargo service(s) at Port Everglades. TASK 10: ESTIMATE THE ECONOMIC IMPACTS OF CURRENT PASSENGER SERVICE AND DEVELOP A MODEL TO ESTIMATE THE POTENTIAL IMPACTS OF NEW CRUISE SERVICE AT PORT EVERGLADES The Consultant will be prepared to carry out this task as described in DELIVERABLE 1 below. In this task, the Consultant, via the developed Model(s), should evaluate current impacts generated by passenger activity at Port Everglades, as well as develop a cruise passenger model by which the Port can estimate the impacts associated with potential cruise services calling the Port. Passenger activity at Port Everglades affects three sectors of the local and regional economy. These sectors are the: x x x Maritime Service Sector; Air Transportation Sector; and Visitor Industry Sector. 3/9/2015 2:27 PM p. 10 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 11 of 48 The maritime service sector includes those firms that provide services to the cruise vessels while in port, such as: x x x x x x x x x Chandlers and other local retailers and wholesalers that provide ship stores and provisions to be used by passengers and crew; Towing services that assist vessels in docking and undocking; Pilots; ILA members involved in loading ship supplies and baggage handling; U. S. Customs and Border Protection (CBP); Security; Bunkering firms that provide fuel to the vessels; Shore excursion companies and other charters; and Vessel crew stationed in Fort Lauderdale. The air transportation sector includes both public and private organizations support from airlines to terminal operation. This category includes: x x x x x x x Domestic and international air carriers and their staff; Fixed base operators (including ramp and baggage handling, aircraft maintenance and fueling); Airport concession/retail operators; Airport Service providers; Government agencies including the Federal Aviation Administration (FAA), U. S. Customs and Border Protection, Transportation Security Administration (TSA), and other security personnel; Aviation Department staff and operations; and Ground transportation (including airport to seaport transport). The visitor industry sector consists of firms providing services to the passengers and crew of the current and potential cruise and passenger services. Included in this category are: x x x x x x Hotels and motels; Restaurants/bars; Water Taxi; Retail goods; Entertainment establishments such as movies, bowling, amusements, etc.; and Rental cars, limos, and cabs. Subtask 10.1: Estimate Maritime Service Sector Direct Impacts Firms in this sector are to be identified from the Port Services Directory, Port Everglades staff and the local chamber of commerce. Telephone interviews may be conducted with all firms identified to determine: x x x x x Number of full-time equivalent jobs dedicated to servicing passenger vessels now calling Port Everglades (including security); Average annual salary; Annual revenue received from the passenger vessel activity; Employee residence by Broward County cities, Broward County Commission districts, and/or South Florida counties; and Local purchases of supplies. 3/9/2015 2:27 PM p. 11 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 12 of 48 Telephone interviews may also be conducted with the cruise lines now calling Port Everglades as a point of embarkation. The purpose of these interviews should be to determine the amount of purchases, by type, made or potentially made by each vessel call; as well as the amount and types of services procured or potentially procured by each ship call. Types of vessel purchases/services may include: x x x x x x x x x x x x x x x x x x x x Ship stores; Bunkers; Water; Liquor; Flowers; Pilots; Tugs; Entertainment; Fumigation & Quarantines; Travel Agencies; Equipment Rental; Local advertising; Linehandling; Stevordoring and Other Porter Services; Retail items; Maintenance and repair; Trash disposal; Laundry; Crew allowance; and Wharfage and dockage. Other areas of interest during the interviews with passenger services now calling Port Everglades may include the residency of the employees, average salary and operating revenue, and taxes paid to the State of Florida. The results of these interviews should be used to develop a typical ship disbursement account profile. Associated with each vessel expenditure category will be jobs to sales ratios, as developed from the interviews with the local firms supplying the goods and services to the vessels. An estimate of the total direct job impacts in the maritime service sector will then be developed. This estimate should be compared with the number of direct jobs, by type of firm, developed from the interviews with the local firms in the maritime service sector. The Consultant will detail the steps to be taken and the method that will be used, including justifiable data sources that will be used to determine this estimate. The revenue impacts will be estimated directly from the expenditure profiles. Direct income will be estimated from the average annual salaries developed by type of firm, from the interviews. Subtask 10.2: Estimate Direct Visitor Industry Impacts The jobs generated in the Visitor Industry/Tourism Sector (for example, hotels, restaurants, etc.) should be estimated and may be done by using typical passenger expenditure profiles. The passenger expenditure profiles will be identified from interviews with current cruise lines. Of particular interest will be the total number of passengers per vessel call, and the estimated percent of those passengers that will likely stay in local hotels prior to the cruise. The Consultant will detail the steps to be taken and the 3/9/2015 2:27 PM p. 12 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 13 of 48 method(s) that will be used, including justifiable data and data sources that will be used to determine this estimate. Subtask 10.3: Develop a Computer Model Framework for Cruise Service Sensitivity Analysis A spreadsheet framework will be developed that can be used to assess the impacts of changes in such factors as: x x x x x x Number of cruise vessel calls; Passenger levels; Passenger characteristics: - Local expenditures; - Local residents versus tourists; - Length of time and where stayed before embarkation and after disembarking; Different types of cruise service, including: - Panama Canal Cruises; - Gulf of Mexico Cruises; - Caribbean Cruises; - South American Cruises; - Bahamas and other Ferry Services Number of crew; and Size of vessel. TASK 11: COMPLETION OF ANNUAL COMPREHENSIVE LOCAL AND REGIONAL ECONOMIC IMPACT REPORT FOR PORT EVERGLADES BY FISCAL YEAR (FY) The Consultant will be prepared to carry out this task as described in DELIVERABLE 2 below. TASK 12: PORT SUPPORT – INDIVIDUAL CARGO AND CRUISE PROJECT MODEL RUNS; AND ANNUAL UPDATE/REVIEW The Consultant will be prepared to provide the following: Subtask 12.1: Prepare Individual Cargo and Cruise Project Model Runs The Consultant will be prepared to carry out this task as described in DELIVERABLE 3 below. On an As-Requested Basis by the Port, the Consultant will conduct individual model runs (analysis) for any individual cargo or cruise related project to determine the estimated economic impacts of such project and provide written report of the results. This will be done within three (3) business days of such request by the Port for thirty-six (36) months from the date of execution of the Agreement, and for any renewal terms. Subtask 12.2: Conduct Annual Update/Review The Consultant will be prepared to carry out this task as described in DELIVERABLE 1 below. For three (3) fiscal years after setup of the model(s), the Consultant will provide an annual update and review of the model(s) after receipt of required Port and industry-specific data. 3/9/2015 2:27 PM p. 13 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 14 of 48 DELIVERABLES DELIVERABLE 1: DEVELOP SEAPORT CARGO AND CRUISE ECONOMIC IMPACT MODEL(S) x The Consultant will develop the cargo and cruise economic impact model(s), to be approved by Port Everglades, by conducting interviews and administering a survey with the firms providing service to the cargo and vessels handled at the Port’s cargo and cruise terminals. The data collected during this process may be used to develop operational models of the terminals at the port. x The Consultant will provide an annual update and review of the Model(s) after obtaining Port and industry-specific data. DELIVERABLE 2: COMPLETION OF ANNUAL COMPREHENSIVE LOCAL AND REGIONAL ECONOMIC IMPACT REPORT OF PORT EVERGLADES FOR FISCAL YEARS (FY) 14/15; FY15/16 & FY 16/17 The Consultant will prepare a Comprehensive Report titled “The Local and Regional Economic Impacts of Port Everglades” on an annual basis, by Fiscal Year, using the previously developed economic impact model(s) to measure local, regional and state economic impacts generated by maritime activity at Port Everglades. x The consultant will provide the report for each Fiscal Year as specified in an NTP to be issued by the Port. The report will contain: o o An Executive Summary: Summarizing key findings in the report and compelling statistics grounded in context, comparisons, and clear methodology. A Comprehensive Report: Providing citations of studies/information used to compile the report, methodology used to determine the findings, explanation of defensibility of the models/methodology used, and data results both in numeric (including appropriately titled tables, etc.) and analytical format. The Report will be compiled into two sections, with each section documenting the Port’s local, regional, and State economic impacts of its cargo-related operation and its cruise operations. The Report will also contain relevant comparison tables and analysis of the previous year’s performances/economic impacts relative to current findings. x The Consultant will provide draft version(s) of the report for review/comment by Port. The Consultant will provide a Port Comments/Response matrix for the report and conduct teleconference with Port staff to review and discuss this matrix to clarify any remaining issues. After which, the consultant will finalize the report and submit as required under this Deliverable 2. x The Report will include, but not limited to, the contents of EXHIBIT-1 DELIVERABLE 3: CARGO AND CRUISE ECONOMIC IMPACT MODEL RUNS FOR INDIVIDUAL PORT PROJECTS The Consultant will run estimated economic impacts for any individual Port project within three (3) business days of such request by the Port and provide written report of the results, using a combination of analytical text and numeric format (including appropriately titled tables, etc.). The result 3/9/2015 2:27 PM p. 14 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 15 of 48 of the individual Model-runs for specific project should also address the quantity and types of jobs supported by the specific project/port-related activity; and include the overall local, regional, and state impacts for such project or port-related activity. These services will begin on the date of execution of Agreement and extend thirty six (36) months from that date, and for any renewal terms. PROJECTED SCHEDULE AND DELIVERABLES The projected schedule noted below is subject to final Contract Negotiation DELIVERABLES DELIVERABLE 1: DEVELOP CARGO MODELS. SCHEDULE 90 Calendar Days from NTP AND CRUISE ECONOMIC IMPACT DELIVERABLE 2: 30 Calendar Days from NTP COMPLETION OF ANNUAL COMPREHENSIVE LOCAL AND REGIONAL ECONOMIC IMPACT REPORT OF PORT EVERGLADES FOR 14/15; FY15/16 & FY 16/17 DELIVERABLE 3: Within Three (3) Business CARGO AND CRUISE ECONOMIC IMPACT MODEL RUNS FOR Days Of Request INDIVIDUAL PORT PROJECTS. (For 36 Months and for any renewal terms) OPTIONAL SERVICES: As Needed and Requested The Consultant will provide to Port additional Optional Services on By Port – Prior to Contract an As-Requested basis by the Port. These services include, but Final Completion not limited to, those listed in EXHIBIT-2. 3/9/2015 2:27 PM p. 15 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 16 of 48 EXHIBIT-2 OPTIONAL SERVICES PORT EVERGLADES ECONOMIC IMPACT MODELS AND ANALYSIS The Consultant will be prepared to provide to Port additional Optional Services on an As-Requested basis by the Port. These services may include the following: x x x x x x x x x x x x x x Deep Draft Navigation Project Analyses Maritime Market Analyses Capital Projects Economic and Financial Feasibility Analyses Ocean Carrier Cost Analyses Commodity Flow Analyses and Forecasting Logistics Cost Analyses Intermodal Analyses Cost/Benefit Analysis Financial/Strategic Assessment of New Vessel Services Competitive Market/Cost Analyses Strategic Pricing Analyses Real Estate Impact Analyses Revenue Modeling and Lease Structure Analyses Recalibration of Seaport Economic Impact Model(s) 3/9/2015 2:27 PM p. 16 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 17 of 48 Standard Instructions for Vendors Request for Letters of Interest, Request for Proposals, or Request for Qualifications Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor’s submittal being rejected. A. Responsiveness Criteria: In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening. Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code. Below are standard responsiveness criteria; refer to Special Instructions to Vendors, for Additional Responsiveness Criteria requirement(s). 1. Lobbyist Registration Requirement Certification Refer to Lobbyist Registration Requirement Certification . The completed form should be submitted with the solicitation response but must be submitted within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. 2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response. B. Responsibility Criteria: Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance. The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsible. 3/9/2015 2:27 PM p. 17 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Below are standard responsibility criteria; refer to Special Instructions to Vendors, for AdditionalPage 18 of 48 Responsibility Criteria requirement(s). 1. Litigation History a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form. c. The County will consider a Vendor's litigation history information in its review and determination of responsibility. d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project. f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive. 2. Financial Information a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities. b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of: i. ii. iii. Balance sheets, income statements and annual reports; or Tax returns; or SEC filings. c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements. d. The County may consider the unavailability of the most recent year’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation. e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors, Public Records and Exemptions and to Submission of Sealed Submittals for instructions on submitting confidential financial statements. The Vendor’s failure to provide the information as instructed may lead to the information becoming public. f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Public Record 3/9/2015 2:27 PM p. 18 Broward County Board of Bid X1249133P1 County Commissioners Exhibit 1 p q ( and Exemptions section) may result in a recommendation of non-responsiveness by thePage 19 of 48 Director of Purchasing. 3. Authority to Conduct Business in Florida a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations. b. The County will review the Vendor’s business status based on the information provided in response to this solicitation. c. It is the Vendor’s responsibility to comply with all state and local business requirements. d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question No. 10. e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County. f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible. g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance. C. Additional Information and Certifications The following forms and supporting information (if applicable) should be returned with Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to timely submit may affect Vendor’s evaluation. 1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor Questionnaire and submit as instructed. 2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed. a. b. c. d. e. Cone of Silence Requirement Certification Drug-Free Workplace Certification Non-Collusion Certification Public Entities Crimes Certification Scrutinized Companies List Certification 3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Requirement Form and submit as instructed. D. Standard Agreement Language Requirements 3/9/2015 2:27 PM p. 19 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 1. The acceptance of or any exceptions taken to the terms and conditions of the County ’sPage 20 of 48 Agreement shall be considered a part of a Vendor’s submittal and will be considered by the Selection or Evaluation Committee. 2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special Instructions to Vendors. 3. Vendors are required to review the applicable terms and conditions and submit the Agreement Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation. 4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided. 5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor’s submittal. E. Insurance Requirements The Insurance Requirement Form reflects the insurance requirements deemed necessary for this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages. F. Evaluation Criteria 1. Vendors are evaluated as per the Evaluation Criteria. The County reserves the right to obtain additional information from Vendors. 2. Vendors have a continuing obligation to provide the County with any material changes to the information requested. 3. For Request for Proposals, points for each Evaluation Criteria is identified in the solicitation; available points totals to 100 points. 4. For Request for Proposals that include a request for pricing, the total points awarded for price is determined by applying the following formula: (Lowest Proposed Price/Vendor’s Price) x (Maximum Number of Points for Price) = Price Score 5. Prices may be negotiated in the best interest of the County after the scoring is completed. G. Demonstrations If applicable, as indicated in Special Instructions to Vendors, Vendors will be required to demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard 3/9/2015 2:27 PM p. 20 Broward County Board of Bid X1249133P1 County Commissioners Exhibit 1 p g py ( copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at thePage 21 of 48 demonstration meeting to retain in the Purchasing files. H. Presentations If applicable, as indicated in Special Instructions to Vendors, all Vendors that are found to be both responsive and responsible to the requirements of the solicitation will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor’s approach to this project and the Vendor’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary. I. Public Art and Design Program If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88, Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division. J. Committee Appointment The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division’s website under Committee Appointment. K. Committee Questions, Request for Clarifications, Additional Information At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor’s submittal or proposal. It is not mandatory for Vendors to attend committee meetings; however it is highly recommended Vendors attend to answer any committee questions (if requested) including a representative of the Vendor that has the authority to bind. Vendor’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendors to participate via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation are requested to participate in a final (or presentation) Selection or Evaluation committee meeting. L. Vendor Questions Any questions concerning the instructions, specifications, or requirements of this solicitation shall be directed in writing to the Purchasing Division by the deadline listed in the solicitation. Vendors should submit questions regarding this solicitation through the “Q&A” section on BidSync. Questions will be routed to the Purchasing Agent for review; answers will be posted through BidSync or through an addendum issued through BidSync. No interpretation(s) shall be considered binding unless provided to all Vendors in writing. M. Public Records and Exemptions 1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all response submittals become "public records" and shall be subject to public disclosure 3/9/2015 2:27 PM p. 21 Broward County Board of County Commissioners p p consistent with Chapter 119, Florida Statutes. Bid X1249133P1 j p Exhibit 1 Page 22 of 48 2. Any Vendor that intends to assert any materials to be exempted from public disclosure under Chapter 119, Florida Statutes must submit the document(s) in a separate document labeled "Name of Vendor, Attachment to Proposal Package, Solicitation No. # - Confidential Matter." The Vendor must identify the specific statute and subsection that authorizes the exemption from the Public Records law. CD/DVD discs or flash drives included in the submittal must also comply with this requirement and separate any files claimed to be confidential. 3. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the Vendor is nonresponsive. 4. Except for the materials submitted in compliance with the forgoing, any claim of confidentiality on materials that the Vendor asserts to be exempt and placed elsewhere in the submittal will be considered waived by the Vendor. 5. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to talk about the details of the confidential material(s) at the public Sunshine meeting. N. Copyrighted Materials Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Copyrighted material will be accepted as part of a submittal only if accompanied by a waiver that will allow the County to make paper and electronic copies necessary for the use of County staff and agents. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. O. State and Local Preferences If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process. P. Local Preference Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further information. Q. Tiebreaker Criteria In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor’s submittal. 1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker); 3. Tiebreaker Criteria Form: Volume of Work Over Five Years R. Posting of Solicitation Results and Recommendations 3/9/2015 2:27 PM p. 22 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 The Broward County Purchasing Division's website is the location for the County's posting of allPage 23 of 48 solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information. S. Review and Evaluation of Responses A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner: 1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable. 2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee. 3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of an Vendor. T. Vendor Protest Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following: 1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements. 2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award on the Purchasing Division's website. 3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division's website. 4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest. 5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee 3/9/2015 2:27 PM p. 23 Broward County Board of Bid X1249133P1 County Commissioners Exhibit 1 p p g procedures set forth in the Broward County Procurement Code and existing written Page 24 of 48 guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest. 6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below. Estimated Contract Amount $30,000 - $250,000 $250,001 - $500,000 $500,001 - $5 million Over $5 million Filing Fee $ 500 $1,000 $3,000 $5,000 If no contract proposal amount was submitted, the estimated contract amount shall be the County’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners. U. Right of Appeal Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code. 1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely. 2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section. 3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal. V. Rejection of Responses The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board. W. Negotiations The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met. 3/9/2015 2:27 PM p. 24 Exhibit 1 Page 25 of 48 Special Instructions to Vendors Solicitation Name: Economic Impact Analysis for Port Everglades Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor’s submittal being rejected. A. Additional Responsiveness Criteria: In addition to the requirements set forth in the Standard Instructions to Vendors, the following criteria shall also be evaluated in making a determination of responsiveness: 1. Domestic Partnership Act Requirement: This solicitation requires that the Vendor comply with Domestic Partnership Act unless it is exempt from the requirement per Ordinance. Vendors must follow the instructions included in the Domestic Partnership Act Certification Form (Requirement and Tiebreaker) and submit as instructed. B. Standard Agreement Language Requirements: The applicable Agreement terms and conditions for this solicitation can be located at: http://www.broward.org/Purchasing/Documents/bcf101.pdf Refer to Standard Instructions for Vendors and the requirements to review the applicable terms and conditions (and submission of the Agreement Exception Form). C. Demonstrations: Not applicable to this solicitation. D. Presentations: Applies to this solicitation. Refer to Standard Instructions to Vendors for additional information and requirements. E. Public Art and Design Program: Not applicable to this solicitation. F. Procurement Authority: Pursuant to Section 21.32, Competitive Sealed Proposals, of the Broward County Procurement Code. G. Project Funding Source - this project is funded in whole or in part by: County Funds H. Projected Schedule: Initial Shortlisting or Evaluation Meeting (Sunshine Meeting): Final Evaluation Meeting (Sunshine Meeting): Check this website for any changes to the above tentative schedule for Sunshine Meetings: http://www.broward.org/Commission/Pages/SunshineMeetings.aspx. Broward County Board of County Commissioners I. Bid X1249133P1 Exhibit 1 Page 26 of 48 Project Manager Information: Project Manager: Arlene Davis, AICP, Senior Seaport Planner Email: ardavis@broward.org Vendors are required to submit questions regarding this solicitation through the “Q&A” section on BidSync. Answers will be posted through BidSync. J. Submittal Instructions: 1. Vendor should submit five (5) total printed copies (hard copies) of its response and eight (8) CDs or flash drives of its response. Submittals should be clearly labeled with Vendor Name, Solicitation Number (X1249133P1) and Project Title (Economic Impact Analysis for Port Everglades). 2. Vendor should provide responses to the Evaluation Criteria, Questions 1 through 6, in numeric sequence; and in both Microsoft Word and PDF formats on the CDs or flash drives. 3. Vendor must refer to Submission of Sealed Submittals for detailed submittal instructions. Balance of page left blank. 3/9/2015 2:27 PM p. 26 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 27 of 48 Evaluation Criteria 1. Ability of Professional Personnel: Describe the qualifications and relevant experience of the Project Manager and all key staff that are intended to be assigned to this project. Include resumes for the Project Manager and all key staff described. Include the qualifications and relevant experience of all subconsultants’ key staff to be assigned to this project. Maximum Points Value: 25 Click here to enter a brief summary of response and/or reference the page/section of firm’s detailed response in the hardcopy submittal. 2. Project Approach: 2.1. Describe the prime Vendor’s approach to the project. Include how the prime Vendor will use subconsultants in the project. 2.2. Describe your firm’s approach to the Scope of Services. Include the firm’s proposed methodology that will be used to develop the Seaport Economic Impact Model(s), proposed data and data source to be used. 2.3. Describe the firm’s approach in providing the task order type services or completing the requested services within Port’s delivery schedule. 2.4. Describe how the firm plans to communication and coordination between the project team, the Port’s Project Manager and the various stakeholders. Maximum Points Value: 30 Click here to enter a brief summary of response and/or reference the page/section of firm’s detailed response in the hardcopy submittal. 3. Past Performance: References and performance evaluations will be considered in evaluation of Vendor’s past performance. A minimum of three references, include project name, contact’s name, phone number, and email; should be provided for the projects identified in the following: 3.1. Describe prime Vendor’s experience on projects of similar nature, scope and duration, along with evidence of satisfactory completion, both on time and within budget, for the past five years. 3.2. Describe the firm’s experience with public port authorities to conduct economic impact studies, including the provision of specific examples of port specific maritime economic impact model development and analyses similar in nature, scope and duration along with evidence of satisfactory completion, both on time and within budget. 3.3. Describe the firm’s experience and provide specific examples of a variety of maritime economic analyses services including deep draft navigation project analyses, maritime market analyses, capital projects economic/financial analyses, ocean carrier cost analyses, commodity flow analyses and forecasting, logistics cost analyses, intermodal analyses, cost/benefit analyses, financial/strategic assessment of new vessel services, competitive market/cost analyses, strategic pricing analyses, real estate impact analyses and revenue modeling and lease structure analyses. Maximum Points Value: 30 Click here to enter a brief summary of response and/or reference the page/section of firm’s detailed response in the hardcopy submittal. 3/9/2015 2:27 PM p. 27 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 28 of 48 4. Workload of the Firm: For the prime Vendor only, list all completed and active projects that Vendor has managed within the past five years. In addition, list all projected projects that Vendor will be working on in the near future. Projected projects will be defined as a project(s) that Vendor is awarded a contract but the Notice to Proceed has not been issued. Identify any projects that Vendor worked on concurrently. Describe Vendor’s approach in managing these projects. Were there or will there be any challenges for any of the listed projects? If so, describe how Vendor dealt or will deal with the projects’ challenges. Maximum Points Value: 5 Click here to enter a brief summary of response and/or reference the page/section of firm’s detailed response in the hardcopy submittal. 5. Location: Refer to Vendor’s Business Location Attestation Form and submit as instructed. Maximum Points Value: 5 A Vendor meeting all of the local business requirements will receive five points; a Vendor not meeting all of the local business requirements will receive zero points. The following applies for a Vendor responding as a Joint Venture (JV): if a member of the JV has 51% or more of the equity and meets all of the local business requirements, the JV will receive three points; if a member of the JV has 30 to 50% of the equity and meets all of the local business requirements, the JV will receive two points; and if a member of the JV has 10% to 29% of the equity and meets all of the local business requirements, the JV will receive one point. 6. Willingness to Meet Time Requirements: State the Vendor’s willingness to meet the project’s completion dates requirement as listed in projected deliverable and schedule. Maximum Points Value: 5 (Yes = 5 / No = 0) Yes 3/9/2015 2:27 PM No p. 28 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 29 of 48 Submission of Sealed Submittals Request for Letters of Interest, Request for Proposals, or Request for Qualifications 1. Vendor should submit the number of printed copies and electronic copies (CD/DVD/flash drive) as requested, per Special Instructions to Vendors for this solicitation. Electronic response should contain a single PDF file that contains your entire response with each page of the response in the order as presented in the solicitation document, including any attachments. CD/DVDs/Flash drives included in the submittal must be finalized or closed so that no changes can be made to the contents of the files. Electronic submission of submittal does not eliminate the required printed copies of solicitation. 2. In lieu of CD/DVD/flash drives, the Vendor may submit electronic copies of its submittal via BidSync; however, the submission requirements are the same as those for CD/DVD/flash drive as stated in these instructions. If submitting electronic copy through BidSync, Vendor should upload additional documents on the Line Item section (“Place Offer”). File name should indicate Vendor name and title of the document. 3. It is the responsibility of the Vendor to assure that the information submitted in both its hardcopy written response and electronic response are consistent and accurate. If there is a discrepancy, the information provided in the written response shall govern. 4. Confidential information on CD/DVD/flash drive (i.e. financial statements), must be submitted in a separate bound document labeled "Name of Vendor, Attachment to Proposal Package, SOLICITATION# - Confidential Matter". The Vendor must identify the specific section of the Florida Statutes that authorizes the exemption from the Public Records Law. CD/DVDs/flash drives included in the submittal must also comply with this requirement and separate any materials claimed to be confidential. Confidential information should not be submitted through BidSync. 5. It is important that each CD/DVD/flash drive be labeled with the Vendor name, solicitation number and title, and placed in an individual disc envelope (if CD/DVD). 6. The Purchasing Division must receive hardcopy and electronic submittals no later than 5:00 pm on required due date. Purchasing will not accept late or misdirected submittals. If fewer than three Vendors respond to this solicitation, the Director of Purchasing may extend the deadline for submittal by up to four (4) weeks. Submittals will only be opened following the final submittal due date. 7. Send all printed solicitation submittals to: Broward County Purchasing Division 115 South Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 Re: Solicitation Number: 3/9/2015 2:27 PM p. 29 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 30 of 48 LOBBYIST REGISTRATION REQUIREMENT CERTIFICATION FORM The completed form should be submitted with the solicitation response but must be submitted within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. The Vendor certifies that it understands if it has retained a lobbyist(s) to lobby in connection with a competitive solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies that each lobbyist retained has timely filed the registration or amended registration required under Broward County Lobbyist Registration Act, Section 1-262, Broward County Code of Ordinances; and it understands that if, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis, exercise any contractual right to terminate the contract for convenience. The Vendor hereby certifies that: (select one) It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation; however, if retained after the solicitation, the County will be notified. It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist retained has timely filed the registration or amended registration required under Broward County Lobbyist Registration Act, Section 1-262, Broward County Code of Ordinances. It is a requirement of this solicitation that the names of any and all lobbyists retained to lobby in connection with this solicitation be listed below: Authorized Signature/Name 3/9/2015 2:27 PM Print Name of Lobbyist Print Lobbyist’s Firm Print Name of Lobbyist Print Lobbyist’s Firm Title Vendor Name Date p. 30 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 31 of 48 DOMESTIC PARTNERSHIP ACT CERTIFICATION FORM (REQUIREMENT AND TIEBREAKER) Refer to Special Instructions to identify if Domestic Partnership Act is a requirement of the solicitation or acts only as a tiebreaker. If Domestic Partnership is a requirement of the solicitation, the completed and signed form should be returned with the Vendor’s submittal. If the form is not provided with submittal, the Vendor must submit within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. To qualify for the Domestic Partnership tiebreaker criterion, the Vendor must currently offer the Domestic Partnership benefit and the completed and signed form must be returned at time of solicitation submittal. The Domestic Partnership Act, Section 16 ½ -157, Broward County Code of Ordinances, requires all Vendors contracting with the County, in an amount over $100,000 provide benefits to Domestic Partners of its employees, on the same basis as it provides benefits to employees’ spouses, with certain exceptions as provided by the Ordinance. For all submittals over $100,000.00, the Vendor, by virtue of the signature below, certifies that it is aware of the requirements of Broward County’s Domestic Partnership Act, Section 16-½ -157, Broward County Code of Ordinances; and certifies the following: (check only one below). 1. The Vendor currently complies with the requirements of the County’s Domestic Partnership Act and provides benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees’ spouses. 2. The Vendor will comply with the requirements of the County’s Domestic Partnership Act at time of contract award and provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees’ spouses. 3. The Vendor will not comply with the requirements of the County ’s Domestic Partnership Act at time of award. 4. The Vendor does not need to comply with the requirements of the County ’s Domestic Partnership Act at time of award because the following exception(s) applies: (check only one below). The Vendor employs less than five (5) employees. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor does not provide benefits to employees’ spouses. The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in compliance with the Act stating the efforts taken to provide such benefits and the amount of the cash equivalent). The Vendor cannot comply with the provisions of the Domestic Partnership Act because it would violate the laws, rules or regulations of federal or state law or would violate or be inconsistent with the terms or conditions of a grant or contract with the United States or State of Florida. Indicate the law, statute or regulation (State the law, statute or regulation and attach explanation of its applicability). Authorized Signature/Name 3/9/2015 2:27 PM Title Vendor Name Date p. 31 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 32 of 48 VENDOR QUESTIONNAIRE FORM The completed Vendor Questionnaire should be submitted with the solicitation response but must be submitted within three business days of County’s request. Failure to timely submit may affect Vendor’s evaluation. If a response requires additional information, the Vendor should attach a written detailed response; each response should be numbered to match the question number. The completed questionnaire and attached responses will become part of the procurement record. It is imperative that the person completing the Vendor Questionnaire be knowledgeable about the proposing Vendor’s business and operations. 1. Legal business name: 2. Federal Employer I.D. no. (FEIN): Dun and Bradstreet No.: 4. Doing Business As/ Fictitious Name (if applicable): 5. Website address (if applicable): 6. Principal place of business address: 7. Office location responsible for this project: 8. Telephone no.: Fax no.: 9. TYPE OF BUSINESS (check appropriate box): Corporation (Specify the State of Incorporation): Sole Proprietor Limited Liability Corporation (LLC) General Partnership (State and County filed in) Limited Partnership Other – Specify 10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name): 11. List name and title of each principal, owner, officer, and major shareholder: a) b) c) d) 12. AUTHORIZED CONTACT(S) FOR YOUR FIRM: Name: Title: Telephone Number: Fax Number: E-mail: Name: 3/9/2015 2:27 PM Title: p. 32 Broward County Board of County Commissioners Telephone Number: Bid X1249133P1 Exhibit 1 Page 33 of 48 Fax Number: E-mail: 13. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response. Yes No 14. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response. Yes No 15. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three years? If yes, specify details in an attached written response. Yes No 16. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached written response. Yes No 17. Has your firm’s surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor’s sureties during the last three years? If yes, specify details in an attached written response, including contact information for owner and surety. Yes No 18. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response. Yes No 19. Has your firm ever been terminated from a contract within the last three years? If yes, specify details in an attached written response. Yes No 20. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract. Living Wage had an effect on the pricing. If yes, Living Wage increased the pricing by by 3/9/2015 2:27 PM Yes N/A No % or decreased the pricing %. p. 33 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 34 of 48 STANDARD CERTIFICATIONS The completed and acknowledged certifications should be submitted with the solicitation response but must be submitted within three business days of County’s request. Failure to timely submit may affect Vendor’s evaluation. Cone of Silence Requirement Certification: The Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances, as amended, prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint venturers. After the application of the Cone of Silence, inquiries regarding this solicitaiton should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation. The Vendor hereby certifies that: (check each box) The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances, as amended; and The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting. The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance. Drug-Free Workplace Requirements Certification: Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of: 1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; 2. Establishing a continuing drug-free awareness program to inform its employees about: a. The dangers of drug abuse in the workplace; b. The offeror's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1; 4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall: a. Abide by the terms of the statement; and b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction. 5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; 6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: a. Taking appropriate personnel action against such employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and 7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 3/9/2015 2:27 PM p. 34 g g 1 through 6. Broward County Board of County Commissioners g p p Bid X1249133P1 g g p p g p Exhibit 1 Page 35 of 48 The Vendor hereby certifies that: (check box) Vendor certifies that it has established a drug free workplace program in accordance with the above requirements. Non-Collusion Certification: Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. The Vendor hereby certifies that: (select one) Vendor certifies that this offer is made independently and free from collusion; or Vendor is disclosing names of officers or employees who have a material interest in this procurement and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal. Public Entities Crimes Certification: In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list. The Vendor hereby certifies that: (check box) Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or has not been found to commit a public entity crime, as described in the statutes. Scrutinized Companies List Certification: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million. The Vendor hereby certifies that: (check each box) The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of its principals are placed on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List I hereby certify the information provided in the Vendor Questionnaire Form and Standard Certifications: *AUTHORIZED SIGNATURE/NAME TITLE DATE Vendor Name: 3/9/2015 2:27 PM p. 35 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 36 of 48 * I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on behalf of the Vendor. As the Vendor’s authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor ’s response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor ’s response may be used by the County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor’s response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud. I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s). 3/9/2015 2:27 PM p. 36 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 37 of 48 LITIGATION HISTORY FORM The completed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. There are no material cases for this Vendor; or Material Case(s) are disclosed below: Is this for a: (check type) Parent, Subsidiary, or Predecessor Firm? Party If Yes, Name of Parent/Subsidiary/Predecessor: or No Vendor is Plaintiff Vendor is Defendant Case Number, Name, and Date Filed Name of Court or other tribunal Type of Case Bankruptcy Civil Criminal Administrative/Regulatory Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment.) Settled Judgment Vendor’s Favor Dismissed Judgment Against Vendor If Judgment Against, is Judgment Satisfied? Yes No Name: Opposing Counsel Email: Telephone Number: Vendor Name: 3/9/2015 2:27 PM p. 37 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 38 of 48 AGREEMENT EXCEPTION FORM The completed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, it shall be deemed an affirmation by the Vendor that it accepts the terms and conditions of the County’s Agreement as disclosed in the solicitation. The Vendor must either provide specific proposed alternative language on the form below. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided. There are no exceptions to the terms and conditions of the County Agreement as referenced in the solicitation; or The following exceptions are disclosed below: (use additional forms as needed; separate each Article/ Section number) Term or Condition Article / Section Insert version of exception or specific proposed alternative language Provide brief justification for change Vendor Name: 3/9/2015 2:27 PM p. 38 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 39 of 48 LOCAL VENDOR CERTIFICATION FORM (PREFERENCE AND TIEBREAKER) The completed and signed form should be returned with the Vendor’s submittal to qualify for Local Preference, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days of County’s request for evaluation of Local Preference. Proof of a local business tax must be returned at time of solicitation submittal to qualify for the Tie Break criteria. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference. Failure to timely submit this form or local business tax receipt at time of submittal will disqualify the Vendor for this Tie Breaker. In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable): The Vendor is a local Vendor in Broward County and: a. has a valid Broward County local business tax receipt; b. has been in existence for at least six-months prior to the solicitation opening; c. provides services on a day-to-day basis, at a business address physically located within the limits of Broward County and in an area zoned for such business; and d. services provided from this location are a substantial component of the services offered in the Vendor's proposal. In accordance with Local Preference, Section 1-74, et. seq., Broward County Code of Ordinances, and Broward County’s Interlocal Reciprocity Agreement with Miami-Dade County, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable): The Vendor is a local Vendor in Broward County and: a. has a valid corresponding County local business tax receipt; b. has been in existence for at least one-year prior to the solicitation opening; c. provides services on a day-to-day basis, at a business address physically located within the limits of Broward or Miami-Dade County and in an area zoned for such business; and d. the services provided from this location are a substantial component of the services offered in the Vendor's proposal. Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. AUTHORIZED SIGNATURE/ NAME 3/9/2015 2:27 PM TITLE COMPANY DATE p. 39 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 40 of 48 VOLUME OF PREVIOUSLY WORK ATTESTATION FORM The completed and signed form should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to provide timely may affect the Vendor’s evaluation. This completed form must be included with the Vendor’s submittal at the time of the opening deadline to be considered for a Tie Breaker criterion (if applicable). The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar volume of work previously paid by the County over a five-year period from the date of the submittal opening will receive the Tie Breaker. Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. The Vendor attests to the following: Item No. Project Title Solicitation/ Contract Number: Department or Division Date Awarded Paid to Date Dollar Amount 1 2 3 4 5 Grand Total Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the County? Yes No If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form. Vendor Name: Authorized Signature/ Name 3/9/2015 2:27 PM Title Date p. 40 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 41 of 48 VOLUME OF PREVIOUS WORK ATTESTATION JOINT VENTURE FORM If applicable, this form and additional required documentation should be submitted with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to timely submit this form and supporting documentation may affect the Vendor’s evaluation. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. Volume of Previous Work is not based the total payments to the Joint Venture firm. Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years as a member of a Joint Venture. The Vendor attests to the following: Item No. Project Title Solicitation/ Contract Number: Department or Division Date Awarded JV Equity % Paid to Date Dollar Amount 1 2 3 4 5 Grand Total Vendor is required to submit an executed Joint Venture agreement(s) and any amendments for each project listed above. Each agreement must be executed prior to the opening date of this solicitation. Vendor Name: Authorized Signature/ Name 3/9/2015 2:27 PM Title Date p. 41 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 42 of 48 VENDOR'S BUSINESS LOCATION ATTESTATION FORM The completed and signed form and supporting information (if applicable, for Joint Ventures) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to timely submit this form and supporting information may affect the Vendor’s evaluation. Vendor Name: The Vendor attests that it understands the County’s definition of a local business is as defined by the Broward County Local Preference Ordinance, “Principal place of business means the nerve center or center of overall direction, control and coordination of the activities of the bidder. If the bidder has only one (1) business location, such business location shall be considered its principal place of business.” The Vendor further attests that it understands that as defined by the US Supreme Court “principal place of business is best read as referring to the place where a corporation's officers direct, control, and coordinate the corporation's activities. It is the place that Courts of Appeals have called the corporation's ‘nerve center’ and in practice it should normally be the place where the corporation maintains its headquarters; provided that the headquarters is the actual center of direction, control, and coordination, i.e., the ‘nerve center’, and not simply an office where the corporation holds its board meetings (for example, attended by directors and officers who have traveled there for the occasion).” The Vendor also attests to the following: 1. Vendor’s address listed in its proposal is: 2. Vendor’s address as listed in the Florida Department of State Division of Corporations is: 3. If these two addresses are the same, this business address is the “nerve center” for the Vendor. 4. If these two addresses are not same, the Vendor attests that the following business address is the “nerve center” for the Vendor: 5. Vendor has been located at the listed “nerve center” address for at least six (6) months prior to the opening date of this solicitation, which is: 6. If the Vendor has not been located at the address listed in #5 for at least six (6) months prior to the opening date of this solicitation, the following address is the previous business location: 7. Vendor has not merged with another firm that is not headquartered in Broward County and is not a wholly owned subsidiary or a holding company of another firm that is not headquartered in Broward County. 8. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the duration of the contract term, including any renewals, extensions or any approved interim 3/9/2015 2:27 PM p. 42 Broward County Board of County g yCommissioners Bid X1249133P1 Exhibit 1 Page 43 of 48 y pp contracts for the services provided under this contract. 9. The Vendor understands that if after awarding a contract in connection with the solicitation, the County learns that the attestation was erroneous, and upon investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis, exercise any contractual right to terminate the contract. Further any misleading, inaccurate, false information or documentation submitted by any party affiliated with this procurement may lead to suspension and/or debarment from doing business with Broward County as outlined in the Procurement Code, Section 21.119. If the Vendor is submitting a response as a Joint Venture, the following information is required to be submitted: 1. Name of the Joint Venture Partnership 2. Percentage of Equity for all Joint Venture Partners 3. A copy of the executed Agreement(s) between the Joint Venture Partners The signature below must be by an individual who is authorized to bind the Vendor. Your signature below is an attestation that all information listed above and provided to Broward County is true and accurate. Authorized Signature/Name 3/9/2015 2:27 PM Title Vendor Name Date p. 43 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 44 of 48 SUBCONTRACTORS/SUBCONSULTANTS/SUPPLIERS INFORMATION FORM The following forms and supporting information (if applicable) should be returned with Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to timely submit may affect Vendor’s evaluation. A. The Vendor shall submit a listing of all subcontractors, subconsultants and major material suppliers (firms), if any, and the portion of the contract they will perform. A major material supplier is considered any firm that provides construction material for construction contracts, or commodities for service contracts in excess of $50,000, to the Vendor. B. If participation goals apply to the contract, only non-certified firms shall be identified on the form. A non certified firm is a firm that is not listed as a firm for attainment of participation goals (ex. County Business Enterprise or Disadvantaged Business Enterprise), if applicable to the solicitation. C. This list shall be kept up-to-date for the duration of the contract. If subcontractors, subconsultants or suppliers are stated, this does not relieve the Vendor from the prime responsibility of full and complete satisfactory performance under any awarded contract. D. After completion of the contract/final payment, the Vendor shall certify the final list of non-certified subcontractors, subconsultants, and suppliers that performed or provided services to the County for the referenced contract. If none, state “none” on this form. Use additional sheets as needed. 1. Subcontracted Firm’s Name: Subcontracted Firm’s Address: Subcontracted Firm’s Telephone Number: Contact Person’s Name and Position: Contact Person’s E-Mail Address: Estimated Subcontract/Supplies Contract Amount: Type of Work/Supplies Provided: 2. Subcontracted Firm’s Name: Subcontracted Firm’s Address: Subcontracted Firm’s Telephone Number: Contact Person’s Name and Position: 3/9/2015 2:27 PM p. 44 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 45 of 48 Contact Person’s E-Mail Address: Estimated Subcontract/Supplies Contract Amount: Type of Work/Supplies Provided: I certify that the information submitted in this report is in fact true and correct to the best of my knowledge. Authorized Signature/Name 3/9/2015 2:27 PM Title Vendor Name Date p. 45 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 46 of 48 Port Everglades Security Requirements: A. The Department of Port Everglades requires persons to present, at port entry, a valid driver’s license and valid reason for wishing to be granted port access in order to obtain a temporary/visitor ID badge. For persons who will visit the Port more than 15 times in a 90 day period, a permanent identification badge must be obtained and paid for by the Vendor for all employees, subcontractors, agents and servants visiting or working on the Port project. A restricted access badge application process will include a comprehensive background check. Badges must be renewed as required and the fees paid pursuant to Broward County Administrative Code, Section 42.6. For further information, please call (954) 765-4225. B. All vehicles that are used regularly on the dock apron must have a Dockside Parking Permit. Only a limited number of permits will be issued per business entity. The fee is $100.00 per permit/vehicle. Individuals requesting a permit must possess a valid Portissued Restricted Access Area badge with a “Dock” destination. Requests for Dockside Parking Permits must be submitted in writing, on Vendor letterhead, to the ID Badge Office. Applicants must demonstrate a need for access to the dock apron. Requests shall be investigated, and approved, if appropriate justification is provided. Supporting documentation must be supplied, if requested. Dock permits are not transferable and must be affixed to the lower left corner of the permitted vehicle’s windshield. Should the permit holder wish to transfer the permit to another vehicle during the term of issuance, the permit will be removed and exchanged at no charge for a new permit. Only one business entity representative will be permitted on the dock at a time at the vessel location. C. The Federal Government has instituted requirements for a Transportation Worker Identification Credential (TWIC) for all personnel requiring unescorted access to designated secure areas within Port Everglades. The contractor will be responsible for complying with the applicable TWIC requirements. For further information, please call 1866-347-8942, or go on line to http://www.tsa.gov/stakeholders/transportation-workeridentification-credential-twic%C2%AE. 3/9/2015 2:27 PM p. 46 Broward County Board of County Commissioners 3/9/2015 2:27 PM Bid X1249133P1 Exhibit 1 Page 47 of 48 p. 47 Broward County Board of County Commissioners Bid X1249133P1 Exhibit 1 Page 48 of 48 Question and Answers for Bid #X1249133P1 - Economic Impact Analysis for Port Everglades Overall Bid Questions There are no questions associated with this bid. 3/9/2015 2:27 PM p. 48