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RESOLUTION APPROVING REJECTION OF ALL PROPOSALS RECEIVED IN RESPONSE TO A COMPETITIVE REQUEST FOR PROPOSALS AND AWARDING A CONTRACT AS A DESIGNATED PURCHASE PURSUANT TO SECTION 2-8.1(B)(3) OF THE COUNTY CODE BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; APPROVING THE AWARD OF CONTRACT NO. EVN0000037 FOR THE PURCHASE OF MAINTENANCE AND REPAIR SERVICES TO SCHINDLER ELEVATOR CORPORATION IN A TOTAL AMOUNT NOT TO EXCEED $602,424,184.00 FOR THE INITIAL FIVE-YEAR TERM, AND ONE, FIVE-YEAR OPTION TO RENEW; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ALL PROVISIONS OF THE CONTRACT, INCLUDING ANY RENEWAL, CANCELLATION AND EXTENSION PROVISIONS PURSUANT TO SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND IMPLEMENTING ORDER 3-38

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board finds it is in the best interest of Miami-Dade County to reject all proposals received and to award as a designated purchase, pursuant to section 2-8.1(b)(3) of the Code of Miami-Dade County, by a two-thirds vote of the Board members present, Contract No. EVN0000037 to Schindler Elevator Corporation, in substantially the form attached and made a part hereof, for the purchase of maintenance and repair services for conveyance equipment in a total amount not to exceed $602,424,184.00 for the initial five-year term and one, five-year option to renew.

Section 2. This Board authorizes the County Mayor or County Mayor�s designee to exercise all provisions of the contract, including any renewal, cancellation and extension provisions pursuant to section 2-8.1 of the Code of Miami-Dade County, Florida and Implementing Order 3-38.

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Date:

To: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Recommendation for Approval to Reject All Proposals and Award a Designated Purchase for Maintenance and Repair Services for Conveyance Equipment

STAFF RECOMMENDATION
Summary
This item is for the rejection of all proposals received in response to a competitive Request for Proposals (RFP) and award of a designated purchase contract for the purchase of maintenance and repair services for conveyance equipment for the Miami-Dade Aviation Department (MDAD) and Department of Transportation and Public Works (DTPW). The contract will provide for the maintenance, modernization, and repair of conveyance equipment located at various County buildings. Through this contract, County departments will be able to access services necessary to ensure that conveyance equipment are compliant with the Florida Elevator Safety Code (Code) requirements and remain in good operational condition for daily usage by residents, employees, and visitors. Maintenance, modernization, and repair services are critically important to ensure that conveyance equipment is operating in a safe manner and in compliance with the Code and the Americans with Disabilities Act (ADA).

MDAD�s allocation is necessary to ensure continuity of vital modernization, repair, and maintenance services needed for safe and reliable operations, including approximately 145 modernization projects. Through this item, Miami International Airport (MIA) will be able to modernize some of the units that are more than 40 years old, or in poor condition and in dire need for modernization services. The operation and maintenance of conveyance units at MIA is critical to the movement of passengers throughout its facilities and for the subsequent flight operations of MDAD�s partners. Through the Modernization in Action (M.I.A.) Plan, passenger loading bridges, public bathrooms, and conveyance units are being renovated in phases over the next five to seven years, as outlined in our �Pardon our Progress� website at https://www.miami-airport.com/MIA_Modernization_In_Action.asp.

Given that most units under DTPW are exposed to harsh environmental conditions which contributes to an accelerated deterioration, the department has contemplated up to 15 modernizations as part of this contract. The modernization of these units is critical to ensure that the transit system is available to all users, thus ensuring compliance with ADA.

Recommendation
It is recommended that the Board of County Commissioners (Board) approve this request to reject all proposals received in response to the solicitation and award of a designated purchase, Contract No. EVN0000037, Maintenance and Repair Services for Conveyance Equipment, to Schindler Elevator Corporation (Schindler) for MDAD and DTPW. Approval of a designated purchase, by a two-thirds vote of the Board members present, is being requested pursuant to Section 2-8.1(b)(3) of the Miami-Dade County Code to authorize a five-year contract with one, five-year option to renew term in the cumulative amount of $602,424,184.

A competitive RFP, advertised in July 2022, to obtain proposals for maintenance and repair of conveyance equipment included evaluation criteria related to proposer�s sustainable practices, addressing the environmental, social, and economic factors. Effective July 1, 2023, House Bill 3 became law (creating Section 287.05701, Florida Statutes) and prohibits requesting documentation of or considering a vendor�s social, political, or ideological interests when determining if the vendor is responsible, as well as giving preference to a vendor based on their social, political, or ideological interests. Finally, it requires that any solicitation for purchases includes a provision for notification to vendors of same. In an abundance of caution and because award of this contract will occur after July 1, 2023, a waiver of the competitive bidding process is recommended to avoid any issues arising under House Bill 3 due to the inclusion of certain evaluation criteria in the solicitation. The County can reject and resolicit; however, resoliciting would cause unnecessary delays in the implementation of this contract which is critical for the departments to continue maintaining the equipment in a safe manner while maintaining compliance with the Code and ADA.

Background
The County is currently receiving maintenance and repair services for conveyance equipment through Contract No. E-10230 which was awarded as an emergency contract on June 9, 2022. The item was later ratified by the Board on February 7, 2023.

A competitive RFP was issued on July 7, 2022, and it included three groups, Group 1: Aviation; Group 2: Transportation and Public Works; and Group 3: PortMiami. Upon closing on September 16, 2022, the County received seven proposals from Eastern Elevator Service, Inc. (Eastern), Evolution Elevator & Escalator Corp (Evolution), Oracle Elevator Holdco, Inc. (Oracle), Nouveau Florida, LLC (Nouveau), Schindler Elevator Corporation (Schindler), SW Elevators, LLC (Southwest) and TK Elevator Corporation (TK). Upon initial review of proposals, staff identified several responsiveness issues along with a technical issue (now resolved) on the County�s newly launched bidding platform in INFORMS. On January 10, 2023, six proposals were forwarded to the County Attorney�s Office (CAO) for responsiveness determinations. On February 7, 2023, the CAO opined that Nouveau�s proposal was non-responsive for failure to complete the pricing form. All other proposals were deemed responsive.

Evaluation meetings were held in March 2023. Proposals for Groups 1 and 2 were evaluated, scored, and ranked by the competitive selection committee. The competitive selection committee did not evaluate proposals for Group 3 since those units were awarded by the Board under a separate contract, RFP-01615, on February 7, 2023. On May 16, 2023, TK notified the County of withdrawal of their proposal from the RFP process. Negotiations commenced in May and concluded in June 2023.

The recommended vendor, Schindler, was the highest ranked for Group 1 and second ranked for Group 2. Upon consideration of local preference, TK would have moved to negotiations for Group 1; however, TK withdrew its proposal. It is important to note that staff�s analysis of scores indicate that overall rankings do not change after the scores associated with this criterion are removed from total scores. It is in the County�s best interest to award this designated purchase contract pursuant to Section 2-8.1(b)(3) of the County Code. Competition is not practicable as resoliciting these services will impact the timely completion of modernization projects to ensure that the equipment is modernized and in good working condition. This replacement award will provide for necessary maintenance, repair, and modernization services for units located across MIA and various transit stations.

Scope
The scope of this item is countywide in nature.

Fiscal Impact/Funding Source
The fiscal impact for the five-year term is $301,212,092. Should the County choose to exercise, at its sole discretion, the one, five-year option to renew term, the cumulative value will be $602,424,184. The current contract, E-10230, is valued at $19,690,440 for a 15-month term and expires on September 9, 2023. The allocation under the replacement contract is higher than the current contract due to the high volume of anticipated repairs and modernization services needed to ensure the smooth and safe operation of the conveyance equipment.

Department Number of Units Allocation Funding Source Contract Manager
MDAD 372 $581,424,184 Proprietary Funds Sylvia Novela

DTPW 25 $21,000,000 DTPW Operating Beth Goldsmith

Total: 397 $602,424,184

The allocation breakdown for both departments is as follows:

MDAD
Monthly Maintenance, Additional Personnel, Coverage on Holidays $340,591,738

Modernization of approx. 145 units and Repairs $240,832,446

DTPW

Monthly Maintenance $4,299,007

Modernization of approx. 15 units and Repairs $16,700,993

Track Record/Monitor
Vanessa Stroman of the Strategic Procurement Department (SPD) is the Procurement Contracting Manager.

Delegated Authority
If this item is approved, the County Mayor or County Mayor�s designee will have the authority to exercise all provisions of the contract, including any renewal, cancellation, or extension provisions, pursuant to Section 2-8.1 of the County Code and Implementing Order 3-38.

Vendor Recommended for Award
Pursuant to Resolution No. R-477-18, the highest-ranked proposer is recommended in accordance with the method of award per the solicitation and is non-local.

Vendor Principal Address Local Address Number of Employee Residents Principal
1) Miami-Dade
2) Percentage*
Schindler Elevator Corporation 20 Whippany Road Morristown, NJ None 27 Ray Bisson
15%

*Provided pursuant to Resolution No. R-1011-15. Percentage of employee residents is the percentage of vendor�s employees who reside in Miami-Dade County as compared to the vendor�s total workforce.

Vendors Not Recommended for Award

Vendor Local Address Group(s) Not Recommended Reason for Not Recommending

Vendor Local Address Group(s) Not Recommended Reason for Not Recommending
Eastern Elevator Service, Inc. No Groups 1 and 2 Evaluation Scores/Ranking

Evolution Elevator & Escalator Corp No Groups 1 and 2

Oracle Elevator Holdco, Inc. Yes Groups 1 and 2

Nouveau Florida, LLC No Groups 1 and 2 Deemed non-responsive by the CAO (opinion attached)

*A �No Bid� means the vendor responded indicating that it will not be providing an offer.

Due Diligence
Pursuant to Resolution No. R-187-12, due diligence was conducted in accordance with SPD�s Procurement Guidelines to determine vendor responsibility, including verifying corporate status and that there are no performance and compliance issues through various vendor responsibility lists and a keyword internet search. The lists that were referenced included convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. The vendor�s responsibility has been determined by matters other than its social, political, and ideological interests. Vendor�s responsibility has been determined by their relevant experience, qualifications, past performance, and approach to providing the services. The vendor has not been given a preference based on any social, political, or ideological interests.

The County is working with Schindler to address issues with conveyance equipment reliability and down time. This effort includes addressing the modernization and upgrade needs for the equipment that may be beyond its useful life or is damaged due to exposure to the elements or heavy use.

Pursuant to Resolution No. R-140-15, prior to re-procurement, a full review of the scope of services was conducted to ensure the replacement contract reflects the County�s current needs. The review included conducting market research and holding meetings and drafting sessions with the user departments.

Applicable Ordinances and Contract Measures
� The two percent User Access Program provision applies.

� The Small Business Enterprise Selection Factor and Local Preference were applied where permitted by the funding source.

� The Living Wage does not apply as the services are not covered under the Ordinance.

� The Responsible Wages and Benefits Ordinance applies as the services are covered under the Ordinance.

Attachment

_________________________
Jimmy Morales
Chief Operations Officer