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REQUEST FOR QUALIFICATIONS 1243393
STATE LOBBYING SERVICES
EVALUATION OF PROPOSALS
SELECTION PROPOSERS
Maximum
Maximum
CRITERIA
Points
Total Points
Ballard Partners,
Per Member
(3 Members)
Inc.
Does Proposer meet Minimum Qualifications, per
N/A
N/A
Y
Section 2.7 of RF ? Y/N
Proposer's and Subcontrator's relevant experience on
35
105
104
related projects.
Proposed key personnell (including Subcontractor's
35
105
103
key personnel) relevant experience/background.
Technical approach and methodoloy.
30
90
89
TOTAL POINTS
100
300
296
SIGNATURE:
Reviewed By
%CG1J?PU� lC!�G>2 � X�7?i
PRINT NAME:
Charles Johnson
James Justin Griffin
12/1/2020
EVALUATION OF PROPOSALS
REQUEST FOR QUALIFICATIONS 1243393
STATE LOBBYING SERVICES
Melissa Fern an dez-Stiers (Office of the City Manager)
SELECTION PROPOSERS
CRITERIA
Maximum
Ballard Partners,
Becker &
Capital City
Corcoran &
on Co
Converge
=..en
Johnston &
Pittman Law
Ronald L.
Rubin,
Sun City
—,PoInts,
Inc.
Poliakoff. P.A.
Con
Consulting,
Associates
Government r n
I
Stewart
Legis Group
p
Group, P.L.
Book, P.A.
Turnbull &
Strategies
L.L.C.
Inc.
Affairs
Assoc., Inc.
Does Proposer meet Minimum Qualifications, per
Section 2.7 of RFQ? (YIN)
NIA —
y
y
y
y
y
y
y
y
y
y
y
Proposer's and subcontrator's relevant experience on
related projects.
34
35
35
34
34
34
33
34
34
33
32
Proposed key personnel (including Subcontractor's key
personnel) relevant experiencelbackground.
-a—pproach
33
34
32
32
32
32
32
33
34
34
31
Technical and mothodoloy.
29
3.0
30
30
0
30
30
28
29
29
25
20
TOTAL POINTS ,
--- -�,100
9900
9.60
97.00
96.00
96.00
96.00
93.00
96-00
97.00
92.00
Name
Date Name Date
EVALUATION OF PROPOSALS
REQUEST FOR QUALIFICATIONS 1243393
STATE LOBBYING SERVICES
Ignacio Ortiz -Petit (Office of the City Manager)
ELECTION PROPOSERS
S CRITERIA
Max I imum
Ballard Partners,
Becker &
Capital City
Corcoran &
Converge
Conrnm.
Johnston &
Pittman Law
Ronald L.
Rubin,
City
Points
Inc.
Pollakoff. P.A.
Consulting,
Associates I
Government
Stewart
Legis Group
Group, P.L.
Book, P.A.Turnbull
&
Strategies
L.L.C.
Inc.—,
Affair.
Assoc., Inc.
Does Proposer meet Minimum Qualifications, per
Section 2.7 of RFQ? (YIN)
NIA
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
Proposer's and Subcontrator's relevant experience on
related projects.
-hu
35
35
35
35
35
35
35
35
35
35
35
Proposed key personnel (including Subcontractor's key
- - - --------
personnel) relevant experience/background.
N
35
35
35
35
35
35
35
35
35
35
35
Technical approach and methodoloy.
30
30
30
30
30
30
30
30
30---,
25
_30
TOTAL POINTS
100.00
100.00
100.00
100,00
100.00
100.00
100.00
100.00
100.00
100.00
1 95.00
Name bate Name Date
EVALUATION OF PROPOSALS
REQUEST FOR QUALIFICATIONS 1243393
STATE LOBBYING SERVICES
Nikolas Pascual (Office of the Mayor)
SELECTION PROPOSERS
CRITERIA
Maximum
Points
Ballard Part ers,
Inc.
Becker &
Poliakoff. P.A.
Capital Ity
Consulting,
COfcoran
Associates,
Converge
Government
Johnston &
,
Legis Group
Pittman Law
Ronald L.
Ru in,
Turnbull &
Sun City
-
Does Proposer meet Minimum Qualifications, per
N/A
L.L.C.
S
Inc.
Affairs
Stewart
Group, P.L.
Book, P.A.
Assoc., Inc.
Strategies
Section 2.7 of RFQ7 (Y/N)
7
£%Gf
t(� S
T
��
yes
Proposer's and Subcontrator's relevant experience on
related projects.
35
Y;
a
3
2
J
-
>
Proposed key personnel (including Subcontractor's key
Personnel) relevant
35
7
7
`
35
3 S
3�
13
experiencelback round.
.!
S
35
Technical approach and methodoloy.
30
®
361
.
TOTAL POINTS
100
1 1 CLO.00
L00.00
L00.00
0 00.00
too-00
) 0.00
I ..00
0.00
00
0
0 , Yora5 (Vtk-or-( i 1 Zv O2L
Name Dat
City of Miami
Request for
Qualifications (RFQ)
Procurement Department
Web Site Address: www.miami.gov.com/procurement
RFQNumber:
Title:
Issue Date/Time:
RFQClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
Miami Riverside Center
444 SW 2nd Avenue, 6'h Floor
Miami, Florida 33130
1243393
Request for Qualifications for State
Lobbying Services
25-SEP-2020
16-OCT-2020 @ 15:00:00
None
Wednesday, October 7, 2020 at 5:00 PM
Johnson, Charles
CJohnson@miamigov.com
305-400-5373
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain
a copy for your files. Prices should include all costs, including transportation to destination. The City
reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum
of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107
or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any corporation,
firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in
all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this
solicitation and certify that I am authorized to sign this submission for the submier. Please print the
following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE: FAX:
EMAIL:
SIGNED BY:
CELL(Optional):
TITLE: DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Certifications
Legal Name of Firm:
Propos&s Federal Employer Identification Number (FEIN):
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.:
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other:
Business Tax Receipt/Occupational License Number:
Business Tax Receipt/Occupational License Issuing Agency:
Business Tax Receipt/Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 1/l/20). If no addendum/addenda was/were issued, please insert
N/A.
Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement
in substantially the attached form. In addition, Proposer must acknowledge that certain clauses
(including, without limitation 92, Tern, 46 Audit and Inspection Rights and Records Retention,
98 Public Records, 99 Compliance with Federal, State and Local Laws, 910 Indemnification, 413
Termination, Obligation Upon Termination, 915 Nondiscrimination, and #23 City Not Liable for
Delays), are non-negotiable.
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1243393
Table of Contents
Termsand Conditions....................................................................................................................................................
1. General Conditions.............................................................................................................................................
1.1. GENERAL TERMS AND CONDITIONS..............................................................................................
2. Special Conditions............................................................................................................................................
2.1. PURPOSE..............................................................................................................................................
2.2. PRE-BID/PRE-PROPOSAL CONFERENCE.......................................................................................
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION....................................................................................................
2.4. TERM OF CONTRACT........................................................................................................................
2.5. CONDITIONS FOR RENEWAL..........................................................................................................
2.6. LIVING WAGE ORDINANCE.............................................................................................................
2.7. MINIMUM QUALIFICATIONS...........................................................................................................
2.8. PREFERRED QUALIFICATIONS.......................................................................................................
2.9. REFERENCES.......................................................................................................................................
2.10. METHOD OF AWARD.......................................................................................................................
2.11. EXECUTION OF AN AGREEMENT.................................................................................................
2.12. NON -APPROPRIATION OF FUNDS................................................................................................
2.13. INSURANCE REQUIREMENTS.......................................................................................................
2.14. PRE -QUALIFIED POOL / WORK ASSIGNMENT PROCESS.........................................................
2.15. UNAUTHORIZED WORK.................................................................................................................
2.16. PROJECT MANAGER........................................................................................................................
2.17. FAILURE TO PERFORM...................................................................................................................
2.18. SUBCONTRACTORS OR SUBCONSULTANTS.............................................................................
2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD ...........................................
2.20. METHOD OF PAYMENT...................................................................................................................
2.21. ADDITIONAL SERVICES.................................................................................................................
2.22. LIMITED CONTRACT EXTENSION................................................................................................
2.23. TERMINATION..................................................................................................................................
2.24. RECORDS...........................................................................................................................................
2.25. ADDITIONAL TERMS AND CONDITIONS....................................................................................
3. Specifications...................................................................................................................................................
3.1. SPECIFICATIONS/SCOPE OF WORK................................................................................................
4. Submission Requirements................................................................................................................................
4.1. SUBMISSION REQUIREMENTS........................................................................................................
5. Evaluation Criteria............................................................................................................................................
5.1. EVALUATION CRITERIA
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1243393
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal
solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully
in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City
are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon
written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the Proposer; such offer shall be deemed accepted upon issuance by the City of
a purchase order.
1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts
of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In
the event of such rejection, the Director of Purchasing shall notify all affected Proposers and make available a written
explanation for the rejection. The City also reserves the right to reject the response of any Proposer who has previously
failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature,
and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves
the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA - It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available via
BidSync.
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment
proceedings.
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1243393
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all
reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and
records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination,
excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents,
papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending
matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate
cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful proposer(s) at the contract price(s) established herein, when
permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates
as required by the successful proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Proposer's response, any addenda issued, and the purchase order shall constitute the
entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications.Proposer shall be in default of its contractual obligation if such
documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in default
of these contractual requirements, the City, through action taken by the Purchasing Department, will void its
acceptance of the Proposer's Response and may accept the Response from the next lowest responsive, responsible or
Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek
monetary restitution from Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days
beyond the stated contract term in order to provide City departments with continual service and supplies while
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1243393
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Proposer,
in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days.
Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful
Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Proposer by the City Commission based upon the minimum
qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute
or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best
interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests,
and will be subject to approval as to legal form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all proposers, if so indicated under the Special Conditions. This check or bond guarantees that a
proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to proposer. Proposer shall
forfeit bid deposit to the City should City award contract/agreement to Proposer and Proposer fails to accept the
award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to
unsuccessful proposers within ten (10) days after the award and successful proposer's acceptance of award. If sixty
(60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid
deposits will be returned on demand.
1.12. RESPONSE FORM - All forms should be completed, signed and submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Proposal most
advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or proposer catalog numbers are specified, it is for the purpose of establishing the type,
function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule
out other competitors' brands or makes, the phrase ZOR EQUALS is added. When bidding/proposing an approved
equal, Proposers will submit, with their response, complete sets of necessary data (factory information sheets,
specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed.
The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the
form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be
furnished after formal solicitation opening/closing only upon request of the City. If
Request for Qualifications (RFQ)
1243393
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after
a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective proposers and make
available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on
account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION - Proposer, by submitting a response, certifies that its response is made without previous
understanding, agreement or connection either with any person, firm or corporation submitting a response for the
same items/services or with the City of Miami's Purchasing Department or initiating department. The Proposer
certifies that its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is
in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations
where collusion may have occurred and the City reserves the right to reject any and all bids/responses where
collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
Request for Qualifications (RFQ)
1243393
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
L City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
Lack of knowledge by the proposer will in no way be a cause for relief from responsibility. Non-compliance with all
local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a ,Cone of Silenced is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, lobbyists or consultants and the City's professional staff including, but not
limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs
and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications
in writing or by email at any time with any City employee, official or member of the City Commission unless
specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section
2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or must file a copy of any written communications with the Office of the City Clerk, which shall be made
available to any person upon request. The City shall respond in writing and file a copy with the Office of
Request for Qualifications (RFQ)
1243393
the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or shall render
any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject
same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these
provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission.
Proposers should reference Section 18-74 of the City of Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best
of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested,
directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on
the part of the Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the
name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total
assets of capital stock in your firm.
A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within
his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Proposer may not disclose or use information not available to members of the general
public and gained by reason of his/her/its position, except for information relating exclusively to governmental
practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business
entity.
B. Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any
person or agency acting for the City, and has not appeared in representation of any third party before any board,
commission or agency of the City within the past two years. Proposer further warrants that he/she/it is not related,
specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Proposer to immediate termination of any professional services
agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally,
violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of copyright
or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
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provided as a result of this formal solicitation, and proposers agree to hold the City harmless from any and all
liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of
Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief
Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed
below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three
years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award
of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to
debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief
Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or
private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction
of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of
nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms
and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to
perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation
remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil
penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of
the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
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violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact
business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or
to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the
default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure
on the contractor's part to correct the default within the required three (3) days shall result in the Contract being
terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the
termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer
incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
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1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A �responsive� response is one which
follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in
the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure
to comply with these requirements may deem a Response non -responsive.
A. Responsible shall mean a proposer who has submitted a proposal and who has the capability, as determined under
the City Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and
reliability of which give reasonable assurance of good faith and performance.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall
be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price
discounts off the original prices quoted in the response will be accepted from successful Proposer(s) during the term
of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City
Commission Any discounts offered by a manufacturer to Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found
necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase
agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other
communications.
A. Order of Precedence - Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents
the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes
all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that
the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal
Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
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be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only.
No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is
not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be
used by the City for purposes of determining the low or most advantageous proposer meeting specifications. The City
reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal
Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Proposer fails to acknowledge receipt of addenda;
2) Proposer misstates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
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1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory
record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources,
and expertise to meet all contractual requirements. The terms 4equipment and organization, as used herein shall be
construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry
as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Proposer, including past performance (experience) with the City or any other governmental entity
in making the award.
3) The City may require the Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the
bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection
of bid/proposal.
1.37. FIRM PRICES - The proposer warrants that prices, terms, and conditions quoted in its response will be firm
throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain
firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied
over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and
clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted
minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September
30th of each year and take effect on the following January 1 st.
At the time of responding, it is proposer and his/her subcontractor(s), if applicable, full responsibility to determine
whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the
contract. If impacted, proposer must furnish employee name(s), job tide(s), job description(s), and current pay rate(s).
Failure to submit this information at the time of submitting a response constitute successful proposer's
acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
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prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
right to request and successful proposer must provide for any and all information to make a wage and contractual price
increase(s) determination.
1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall
take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective
attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
,individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices
including specifically, a description of the types of uses and disclosures that would be made with protected health
information.
1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and
expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs,
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including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of
this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and
employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against
City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such
action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any
insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability
and all suits and actions of every name and description which may be brought against City whether performed by
Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or
§725.08, Fla.. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested
in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must
submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data
Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous
response or on file with the Buyer will not satisfy this provision.
1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required
to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation.
Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the
provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented
from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
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after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's
Web Site following recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate
strict compliance to all requirements listed on the Special Conditions entitled LInsurance RequirementsL. The City
shall be listed as an LAdditional Insured.L
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate
is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall
be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected
certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in
this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of
the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Proposer
may be prohibited from submitting future responses to the City. Information regarding any insurance requirements
shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor,
Miami, Florida 33130, 305-416-1604.
The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section
remain in effect for the duration of the contractual period; including any and all option terms that may be granted to
the Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act).
1.48. LOCAL PREFERENCE
A. City Code Section 18-85, states, Lwhen a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder.L
B. City Code Section 18-86, states, Lthe RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include
a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-
73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be
specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a
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separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
Proposer must bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the
issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as
appropriate.
1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items
delivered not conforming to specifications may be rejected and returned at Proposer's expense. These non -conforming
items not delivered as per delivery date in the response and/or Purchase Order may result in proposer being found in
default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation
of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION - Proposer agrees that it shall not discriminate as to race, sex, color, age, religion,
national origin, marital status, or disability in connection with its performance under this formal solicitation.
Furthermore, Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color,
age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits
of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital
status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for
employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest,
the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods
and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar
sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal
Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
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projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Proposer to supply the license to the City during the evaluation period, but prior to award.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation.
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal
solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other
purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision
to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each
provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.59. PERFORMANCE/PAYMENT BOND - A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES - Proposers are expected to examine the specifications, required delivery,
drawings, and all special and general conditions.
A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the
Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on
each continuation sheet thereof on which he/she makes an entry, where required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling
and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in
the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by
the Proposer to its employees
C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Proposer's response may be included as part of the contract, at the City's discretion.
1.61. PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of
market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
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1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's
authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor
represents and warrants to the City that it has not employed or retained any person or company employed by the City
to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this
Contract.
1.64. PROMPT PAYMENT - Proposers may offer a cash discount for prompt payment; however, discounts
shall not be considered in determining the lowest net cost for response evaluation purposes.
Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no
prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no
discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days,
effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage,
the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of
the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful proposers during
the term of the contract.
1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages
to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor.
Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor.
In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement
value of the property at the current market value, less depreciation of the property, if any.
1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a
public entity, may not submit a response on a contract with a public entity for the construction or repair of a public
building or public work, may not submit responses on leases of real property to a public entity, 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 Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents
subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section
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119.0701, Florida Statutes, entitled ZContracts; public recordsl,. Contractor's failure or refusal to comply with the
provision of this section shall result in the immediate cancellation of this Contract by the City.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation.
1.70. QUALITY OF WORKISERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission
must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon
breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual
Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such parry's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104, City Code)
(a) Right to protest.
The following procedures shall be used for resolution of protested solicitations and awards except for purchases of
goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon
shall be governed by the administrative policies and procedures of purchasing.
(1) Protest ofsolicitation.
a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within three days after the request for proposals, request for qualifications or request for letters
of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed
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when received by the chief procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief
procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer
within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the chief procurement officer.
(2) Protest of award
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the proposer of the notice of the city manager's
recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the
city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a
protest is considered filed when received by the chief procurement officer; or
b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the bidder of the notice of the city's determination of
non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer.
c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
days after the date the notice of protest was filed. A written protest is considered filed when received by the chief
procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based and shall include all pertinent documents and evidence and shall be
accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the
written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to
the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written
protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or
allowed by this section, the day of the act, event or default from which the designated period of time begins to
run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday
or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday,
Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the
computation of the time for filing.
(b) Authority to resolve protests; hearing officer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers
pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five
working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve
any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons
specified within ten days after he/she holds a hearing under the protest.
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(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given
to a lawyer who has served as an appellate or trial courtjudge. The hearing officer may be appointed from alternative
sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a
recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The
engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers
appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in
this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice
of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest
and the actual protest must each be timely received by the chief procurement officer and must comply with all
requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the
actual protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
why the decision of the city relative to the solicitation or the award, which may include a recommendation for
award by the city manager to the city commission, as applicable, should be overturned. The party recommended
for award, if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine
witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the
protest even though the matter was not covered in the direct examination, and to impeach any witness regardless
of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the
protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The
hearing officer shall consider the written protest and supporting documents and evidence appended thereto,
supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation
or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents
supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The
hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for
the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the
event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that
the hearing shall not exceed a total of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer,
irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or
not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written
summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the
hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion,
or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final
order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as
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applicable.
f. The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of
Appellate Procedure.
(c) Compliance with filing requirements.
Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the
required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in
subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in
this section.
(d) Stay of procurements during protests.
Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further
with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer
or the city commission as provided in subsection (b) above, unless the city manager makes a written determination
that the solicitation process or the contract award must be continued without delay in order to avoid an immediate
and serious danger to the public health, safety or welfare.
(e) Costs.
All costs accruing from a protest shall be assumed by the protestor.
(fl Filing fee.
The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to
the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever
is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any
administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city
commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection
(e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629,
§ 2, 9-8-16)
1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30
days after notification. Failure to remove the samples will result in the samples becoming the property of the City.
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1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.76. SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and
replacements that will be provided. Proposer must explain on the Response to what extent warranty and service
facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response.
1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will
result in disqualification of bid/proposal.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
BidSync system, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLL NO
EXCEPTIONS.
A. Failure to follow these procedures is cause for rejection of bid/proposal.
B. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery
or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned
unopened, and will not be considered for award.
C. Late responses will be rejected.
D. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
E. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the BidSync System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that
all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the
Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto
and shall be paid solely by the Proposer.
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1.80. TERMINATION - The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect,
and properly invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance
of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the
time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise
specified in the Special Conditions.
1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first.
1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
,trade secrets.,
If the Response contains information that constitutes a ,trade secretZ all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as JRADE SECRETS EXCEPTION,L
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By
your designation of material in your Response as a ,trade secret, you agree to indemnify and hold harmless the City
for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City
by reason of any legal action challenging your claim.
1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Proposer(s) nor any of
his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and
received by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered
outside the scope of the contract or any work performed by an employee not otherwise previously authorized.
1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City
Manager or the City Commission.
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1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate
any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated
on their Response, it will be assumed that the product fully complies with the City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for a pre -qualified pool of firms to provide State of Florida
("State") lobbying services, as specified herein, from a source(s), fully compliant with the terms, conditions and
stipulations of the Solicitation.
2.2. PRE -PROPOSAL CONFERENCE
None
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement
Department, Attn: Charles F. Johnson; fax: (305) 400-5373 or email: CJohnson@miamigov.com, and a copy filed
with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be
referenced on all correspondence. All questions must be received no later than Wednesday October 7, 2020 at 5:00
PM. All responses to questions will be sent to all prospective Proposers in the form of an addendum. NO QUESTIONS
WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.4. TERM OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for five (5) years with the option to renew for two (2) additional two (2)
year periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative
will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein.
(2) Availability of funds.
2.6. LIVING WAGE ORDINANCE
The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value
exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1,
2017 by the City.
"Service Contract'' means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in FL. Stat. § 287.055, and Section 18-87 of
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the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is
attached as Attachment A. Please refer to Attachment A, Section 18-557 in the Header/Notes section of the
Solicitation within the iSupplier system.
If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who
provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
$13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please
review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living
Wage Ordinance.
2.7. MINIMUM QUALIFICATIONS
Proposers interested in responding to this Request for Qualifications must provide the information on the firm's
qualifications and experience, qualifications of the project team, Account Manager's experience, and previous
similar projects. Additionally, Proposer must:
(1) be an established firm, legally qualified to do business in the state of Florida, in possession of all licenses and
certifications required to provide services related to those requested in this RFQ;
(2) have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending
lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City;
and
(3) not have a member, officer, or stockholder who is in arrears or in default of any debt or contract involving the
City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with
the City.
2.8. PREFERRED QUALIFICATIONS
The following preferred qualifications for this Solicitation are that the Proposers shall have a:
1. Strong working knowledge of legislative, administrative and regulatory processes at the state level;
2. Clear understanding of large urban areas, including specific knowledge of the City;
3. Clear understanding of issues impacting the City;
4. History of successfully representing municipalities at the state level;
5. History of successful lobbying experience at the state level; and
6. Clear strategy for representing the City at meetings with key state legislators and members of the
Executive Branch.
At the work assignment stage, depending upon the scope of work, Successful Proposers may be required to meet
additional qualification requirements.
2.9. REFERENCES
Each proposal MUST be accompanied by a list of three (3) references for projects performed for government clients,
at least one (1) of which for municipal government clients, which shall include for each project, the name of the
organization, dates covering the term of the contract; description of the scope of work; client contact person and phone
number, and statement of whether Proposer was the prime contractor or subcontractor.
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2.10. METHOD OF AWARD
Award shall be made to all responsive and responsible Proposer(s) who meet and/or exceed the minimum
qualifications. The Proposer (s) shall be placed on a list of pre -qualified firms who will be contacted by the City,
on an as needed basis, and as the City may deem in its sole and best interest.
During the term of this contract and at the sole discretion of the City, additional firms may be added or removed from
the pool at any time, as the City may deem in its sole and best interest. If the City elects to add firms, they must meet
and/or exceed the same minimum qualifications set forth in this Solicitation.
2.11. EXECUTION OF AN AGREEMENT
The Successful Proposer(s), evaluated in accordance with the requirements of this Solicitation, shall be awarded an
opportunity to negotiate a Professional Services Agreement ("Agreement") with the City. The City reserves the right
to execute or not execute, as applicable an Agreement with the Successful Proposer(s) in substantially the same form
as the draft Agreement included as part of this solicitation. Such Agreement will be furnished by the City, will contain
certain terms as are in the City's best interest, and will be subject to approval as to legal form by the City Attorney.
2.12. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful Proposer(s) of such
occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No
guarantee, warranty or representation is made that any project(s) will be awarded to any Proposer(s).
2.13. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its
officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but
not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or
omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful
Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and
employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees
against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work,
even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or
proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon
written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The
Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and
through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the
City's option, any and all claims of liability and all suits and actions of every name and description which may be
brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful
Proposer.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
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laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Proposer shall require all subcontractors agreements to include a provision that each subcontractor will
indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and
recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or
omissions of the Successful Proposer in which the City participated either through review or concurrence of the
Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or
other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the
Successful Proposer or subcontractor(s) under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged
by the Successful Proposer.
Note:
Insurance Definitions, Conditions and Additional Requirements are provided as Attachment B, within the Header
section of this RFP.
The Successful Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
L Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
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Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional/Errors and Omissions
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro Date Included
Successful Proposer agrees to maintain Professional Liability/Errors & Omissions coverage, along with Network
Security and Privacy Injury (Cyber) coverage for at least 2 years after termination of the contract period subject to
continued availability of commercially reasonable terms and conditions of such coverage.
V. Network Security and Privacy Injury (Cyber Liability) If Applicable
Each Claim
Policy Aggregate
Retro Date Included
$1,000,000
$1,000,000
Successful Proposer agrees to maintain Professional Liability/Errors & Omissions coverage, along with Network
Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of one (1) year after termination of the
contract period, subject to continued availability of commercially reasonable terms and conditions of such coverage.
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer in accordance to policy provisions.
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Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY RFP NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Proposer of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days
in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the RFP.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Successful Proposer in conjunction with the General and Special Terms and Conditions of the RFP.
The Successful Proposer shall be responsible for assuring that the insurance certificates required in conjunction with
this Section remain in force for the duration of the contractual period; including any and all option terms that may be
granted to the Successful Proposer
2.14. PRE -QUALIFIED POOL / WORK ASSIGNMENT PROCESS
Membership in the Pre -Qualified Pool is a pre -requisite for obtaining work on potential individual projects issued
through the Pool. However, there is no guarantee that all or any Pool members will be assigned work on any individual
project. Upon selection into the Pool, the City reserves the right, through its City Manager or designee, to assign work
on individual projects to any pre -qualified firm as may be deemed in the City's sole and best interest.
The City further reserves the right to assign said work on individual projects on a fixed price basis and anticipates that
most, if not all, projects will be assigned in this manner. Additionally, submittal of hourly rates shall in no way
preclude the City from negotiating for lower hourly rates for specific work.
The City further reserves the right to enter into negotiations with any pre -qualified firm for an agreement for said
assignment of work on any individual project; and, should said negotiations be unsuccessful, the City reserves the
right to terminate the same and commence negotiations with such other pre -qualified firm as may be deemed in the
City's sole and best interest. This process may continue until the City comes to a successful agreement with a selected
Pool member. No Pool member shall have any rights against the City arising from such negotiations.
All work assignments during the Agreement period will be on an "as -needed" basis, complying with notification
requirements. At the City's discretion, Successful Proposers may be dropped from the pre -qualified pool for lack of
participation, which shall include prior performance, being in arrears in obligations to the City, or other reasons
specified by City policies.
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Pre -qualified firms shall not be restricted in any way from responding to other City solicitations and being
selected for other pools the City may establish as it may deem in its sole and best interest.
2.15. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Purchase Order and a Notice to Proceed are received.
2.16. PROJECT MANAGER
Upon award, Successful Proposer shall report and work directly with Ignacio Ortiz -Petit, Chief of Staff,
Office of City Manager, or designee, who shall be designated as the Project Manager for the City.
2.17. FAILURE TO PERFORM
Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within 48
hours of any failure to perform according to specifications, the City reserves the right to declare Successful
Proposer in default of the contract.
2.18. SUBCONTRACTORS OR SUBCONSULTANTS
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's
firm to assist in the performance of services required under this Solicitation. Sub -Contractors shall be paid through
Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the
performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major
Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or reject
any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all
liabilities regarding the use of a Sub-Contractor(s) shall be borne solely by the Successful Proposer and insurance for
each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the
Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents of the
City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -
Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant
information required of the Proposer. In addition, within five (5) working days after the identification of the award
to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors that the
Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name,
location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any
contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information
required of Proposer.
2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued;
(2) Receipt of responses;
(3) Opening and listing of all responses received;
(4) Procurement staff will review each submission for compliance with the submission requirements of the
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solicitation, including verifying that each submission includes all documents required;
(5) A Review Team ("Team"), appointed by the City Manager, comprised of appropriate City Staff and members of
the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to
evaluate the proposals in accordance with the requirements of this solicitation and based upon the evaluation criteria
as specified within Section 5, Evaluation Criteria;
(6) The Team reserves the right, in its sole discretion, to request Proposers to make oral presentations before
the Team as part of the evaluation process. The presentation may be scheduled at the convenience of the Team and
shall be recorded;
(7) The City Manager reserves the right to reject the Team's recommendation to negotiate and instruct the Team to
re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against
the City arising from such termination thereof,
(8) If the City Manager accepts the Team's recommendation to negotiate, Procurement will negotiate a final contract
with the Successful Proposer(s), and submit a recommendation to award a contract(s) to the City Manager;
(9) The City Manager shall then submit his or her award recommendation and negotiated contract(s) to the City
Commission for approval. Written notice shall be provided to all proposers. If the City Manager accepts the award
recommendation(s), the City Manager's recommendation for award of contract will be posted on the City of Miami
Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of
Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the
solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If
"various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer
for that solicitation to obtain the suppliers names.
(10) After reviewing the City Manager's recommendation, the City Commission may:
1. Approve the City Manager's award recommendation and contract(s);
2. Reject all proposals;
3. Reject all proposals and instruct the City Manager to reissue a solicitation; or
4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least
three individuals possessing the ability to perform such services and obtain information from said
individuals relating to experience, qualifications and the proposed cost or fee for said services, and make
a recommendation to the City Commission.
The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful
Proposer(s).
2.20. METHOD OF PAYMENT
Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made.
2.21. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.22. LIMITED CONTRACT EXTENSION
Any specific service assignment which commences prior to the termination date of the Agreement, and which will
extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, continue
until completion at the same rates, terms, and conditions, as set forth therein.
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2.23. TERMINATION
A. FOR DEFAULT
The City reserves the right to terminate this contract upon ten (10) days written notice of default, in part or in whole,
or place the Successful Proposer(s) on probation in the event that the Successful Proposer(s) fails to perform in
accordance with the terms and conditions contained herein. This may be done by the City without recourse or penalty
to the City. The City further reserves the right to suspend or debar the Successful Proposer(s) in accordance with the
appropriate City ordinances, resolutions and/or administrative/implementing orders. In the event of termination for
default, the City may procure the required goods and/or services from any source and use any method deemed in its
best interest. All re -procurement costs shall be borne by the Successful Proposer(s).
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the
best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated
for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed
upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be
liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior
to termination.
2.24. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer(s) shall provide
City access to all files and records maintained on the City's behalf.
2.25. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of Proposer's Solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any
and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
Successful Proposers shall perform, at a minimum, the following services:
1. Assist in arranging meetings with all key stakeholders and key administrators and officials from the Florida
House of Representatives and the Florida Senate.
2. Assist in arranging meetings with all key administrators and officials from all State Agencies.
3. Assist with the development of the City of Miami's state legislative agenda.
4. Advocate on behalf of the City during the legislative committee meetings, hearings, conferences, and cabinet
meetings as requested.
5. Provide weekly updates during legislative session of current status of legislations and funding initiatives.
6. Work and coordinate with Florida League of cities and other like organizations on behalf of the City.
7. Submit an annual report of accomplishments concerning lobbying team's responsibilities.
8. Communicate with the City Manager/Chief Administrator or his/her designee(s) on at least a weekly basis to
review and analyze state government executive and legislative actions having a bearing on the City's fiscal and
programmatic interests.
9. Establish and maintain positive working relationships with the executive and legislative branches of the state
government to enhance the City's position with respect to financial assistance including reimbursements,
applications, regulatory procedures, legislation, budget authorizations and appropriations, and other similar matters
as needed.
10. Integrate its efforts with the City Manager/Chief Administrator or his/her designee to assure a strong and
consistent legislative program.
11. Provide a full range of legislative counsel and advocacy services, including preparing weekly reports advising
the City Manager/Chief Administrator of the current status of legislation during legislative sessions.
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12. Advise the City Manager/Chief Administrator on a timely basis of any issues, meetings, hearings, or legislative
and administrative procedures of relevance to the City.
13. Represent the City at meetings, hearings, or conferences, as requested.
14. Be available on a twenty-four hour, seven (7) days per week basis during the session, and immediately respond
to any calls, pages, or emails by the City Manager/Chief Administrator or designated City Staff.
15. Confer with the Mayor, City Commission, City Manager/Chief Administrator, City Attorney, and other City
personnel, on an as needed basis, regarding strategic organizational planning and program activities which have a
bearing on the ability of the City to make the best use of state programs, assistance, appropriations, and/or any other
legislative, administrative or executive actions.
16. Meet with the Mayor, City Commission, and City Manager/Chief Administrator or his/her designee(s)
periodically and at mutually agreed upon times and dates.
17. Maintain liaison with the City's Miami -Dade delegation and assist with the delegation in any matter that the
City determines to be in its best interest.
18. Counsel with the City regarding appearances by City personnel before State Committees and State
Administrative Agencies.
19. Identify and notify, depending upon its area of expertise, the City in advance of opportunities such as grant
opportunities and funding availability for transportation, community and economic development, environmental
matters, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless
programs, intermodal programs and any other areas of interest to the City.
20. Assist the City in the review of state executive proposals, legislation under consideration, proposed and adopted
administrative rules and regulations, and other state developments for the purpose of advising the City of those items
which may have a significant bearing on City policies, funding, and programs, depending upon its area of expertise.
21. Submit to the City an annual report of accomplishments concerning the Consultant's responsibilities.
22. Assist in implementing the City's state legislative agenda.
23. Assist in writing, interpreting and monitoring legislation and regulations.
24. Assist in the drafting of legislation, amendments, report language, position papers, and testimony.
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25. Provide monthly written progress reports detailing the Services that have been rendered.
26. Be prepared at all times to obtain documentation and research materials upon request.
27. Forward all required reports upon request by the City, and those reports shall be in the number of copies as
requested by the City at that particular instance.
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4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements where
indicated. Proposals should contain the information itemized below and in the order indicated. Proposals submitted
which do not include the following items may be deemed non -responsive and may not be considered for contract award.
Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") no later than the date
and time indicated within the RFO, in order to be considered. Faxed documents are not acceptable. Emailed
submissions are not acceptable. Hardcopv submissions are not acceptable. Proposals must be time submitted
through BidSync, or the Proposal will be disqualified. Untimely or misdelivered submittals will not be
considered. NO EXCEPTIONS.
The responses to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non -responsive.
A. Include the signed RFQ Certification Statement.
B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification
requirements, pursuant to Section 2.7, Minimum Qualifications.
C. Include the signed RFO Certification Statement.
1. COVER PAGE
The Cover Page should include the Proposer's full legal name; Primary Office Location; Local Business Address, if
applicable; Business Phone and Fax Numbers, if applicable Email address; Title of RFQ; RFQ Number.
2. TABLE OF CONTENTS
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including
all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be
clearly and consecutively numbered and correspond to the table of contents.
3. EXECUTIVE SUMMARY
A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and
Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the
organization, business phone and contact person and a summary of the work to be performed.
4. PROPOSER'S RELEVANT EXPERIENCE, QUALIFICATIONS AND PAST PERFORMANCE
1. Describe the Proposer's experience and past performance, in general, and state the number of years that the
Proposer has been in existence. Discuss the history and background of the organization, its
owners/officers/principals, total number of employees and primary markets served.
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2. Describe Proposer's specific past performance and experience in relation to the services requested herein, to
include service governmental representation and consulting. Discuss in detail Proposer's lobbying experience,
including the use of any subconsultants and their role in any engagement(s) of Proposer.
3. Provide a list of a minimum of three (3) comparable contracts similar in scope of services to those requested
herein, which the Proposer has either ongoing, or completed within the last two (2) years. The list should identify:
1. Client;
2. Description;
3. Dates covering the term of the contract;
4. Client contact person and phone number; and
5. Contract duration.
Where possible, list and describe those projects performed for governmental clients.
4. Describe Proposer's knowledge of legislative, administrative and regulatory processes at the state level.
5. Describe Proposer's understanding of large urban areas, including its specific knowledge of the City of
Miami.
6. Describe Proposer's experience lobbying at the state level.
7. Describe Proposer's overall experience in lobbying on behalf of municipal governments.
8. Describe any other experiences related to the work or services described within Section 3.1, and any other
information which may be specific to the required services to be provided.
5. RELEVANT EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL AND
SUBCONTRACTORS PERFORMING SERVICES
1. Identify and provide current resumes for all key personnel who will be assigned to work on this project.
Describe the experience and qualifications relevant to the services requested in this Solicitation, including relevant
experience on similar projects, of each such individual.
2. Provide a current resume of each Sub -Consultant who will work on this project. Proposer shall identify all Sub -
Consultants and those services to be provided by each. Proposer shall describe the experience and qualifications
relevant to the services requested in this Solicitation, of each Sub -Consultant.
3. Provide an organizational chart, showing all key personnel, including titles, and Sub -Consultants, that will
perform work/services on this project, ensuring that Sub -Consultants are clearly identified. This chart must include
the functions to be performed by the key personnel/Sub-Consultants.
6. PROPOSED APPROACH TO PROVIDING THE SERVICES REQUESTED HEREIN
1. Confirm Proposer's ability to fulfill all requirements identified within Section 3. 1, Scope of Work.
2. Describe Proposer's understanding of the requirements of this Solicitation and its approach to satisfy those
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requirements in compliance with the provisions set forth in Attachment C - Section VI - Lobbyists, of the City Code,
and all other state, federal and local laws, regulations and/or ordinances.
3. Discuss Proposer's strategy for representing the City at meetings with key state legislators and members of
the state Executive Branch.
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5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in
this solicitation. A responsive proposal is one which follows the requirements of this solicitation, includes all
documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate
signatures as required. Failure to comply with these requirements may result in the proposal being deemed non-
responsive.
Proposals will be evaluated by a Review Team which will evaluate and rank proposals on criteria listed below. The
Review Team will be comprised of appropriate City personnel and members of the community, as deemed necessary,
with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a
maximum total of one hundred (100) points per Review Team member.
Technical Criteria and Points
1. Proposer's Relevant Experience, Qualifications, and Past Performance. (35 points maximum)
2. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services. (35 points
maximum)
3. Proposer's Approach to Providing the Services Requested in this Solicitation. (30 points maximum)
Maximum Points Available: 100 points
City of Miami, Florida
RFQ 1243393
PROFESSIONAL SERVICES AGREEMENT
By and Between
The City of Miami, Florida
And
CONTRACTOR
This Professional Services Agreement ("Agreement") is entered into this _ day of
, 2020 by and between the City of Miami, a municipal corporation of the State
of Florida, whose address is 444 S.W. 2nd Avenue, 101" Floor, Miami, Florida 33130 ("City"), and,
a , qualified to do business in the State of Florida,
whose principal address is , hereinafter referred to as the
("Contractor")
RECITALS:
WHEREAS, the City of Miami issued Request for Qualifications No. 1243393, on
, 2020 (the "RFQ" attached hereto, incorporated hereby, and made a part of as
Exhibit A) to establish a prequalified pool ("Pool") of State Lobbyists for the provision of State
Lobbying Services, ("Services") as more fully set forth in the scope of work "Scope" attached
hereto as Exhibit B) for the City of Miami's Procurement Department, and Contractor's proposal
("Proposal"), attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in
response thereto, has been selected as the most qualified proposal for the provision of the
Services.
WHEREAS, the Review Team appointed by the City Manager determined that the
Proposal submitted by the Contractor was responsive to the RFQ requirements, and
recommended that the City Manager approve of the inclusion of the Contractor into the Pool; and
WHEREAS, the Contractor has offered to participate in the City's State Lobbying Services
Pool for the purpose of providing state lobbying services to the City, that shall conform to the
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RFQ 1243393
Scope of Services (Exhibit B), the City's RFQ No. 1243393, and all associated addenda and
attachments, incorporated herein by reference, and Work Assignments issued as a result of this
Agreement, and the requirements of this Agreement; and
WHEREAS, under the provisions of this Agreement the City may engage the Special
Magistrate to preside over and hear Code Enforcement cases and such other cases referred by
the City to the Special Magistrate as are applicable under the City Code, and;
WHEREAS, the Contractor serving as Special Magistrate shall be an individual; and
WHEREAS, the City and the Contractor desire to enter into this Agreement under the
terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Contractor and the City agree as follows:
TERMS:
1. RECITALS AND INCORPORATIONS; DEFINITIONS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and
attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and
made a part of this Agreement and attached as Exhibit "B". The Contractor's Proposal, dated
, 2020 in response to RFQ 1243393, is hereby incorporated into and made a
part of this Agreement as attached Exhibit "C". The Contractor's Insurance Certificate is hereby
incorporated into and made a part of this Agreement as attached Exhibit "D". The order of
precedence whenever there is conflicting or inconsistent language between documents is as
follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2)
Addenda/Addendum to the RFQ, if any; (3) RFQ; and (4) Contractor's Proposal, dated
2020 acknowledging scope of services and pricing component of services and,
response to the Request for Qualifications.
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RFQ 1243393
2. TERM:
The Agreement shall become effective on the date on the first page, and shall be for the
duration of nine (9) years: Initial term of five (5) years with an option to renew for two (2) additional
two (2) year periods. The City, acting by and through its City Manager, shall have the option to
extend or terminate the Agreement for convenience, that is, for any or no cause.
3. SCOPE OF SERVICES:
A. Contractor agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Contractor represents to the City that: (i) he/she possesses all qualifications,
licenses, certificates, authorizations, and expertise required for the performance of the Services,
including but not limited to full qualification to do business in Florida, and meet all requirements
of section 468.385, et seq., Florida Statutes; (ii) he/she is not delinquent in the payment of any
sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the
performance of any obligations or payment of any monies to the City; (iii) all personnel assigned
to perform the Services are and shall be, at all times during the term hereof, fully qualified and
trained to perform the tasks assigned to each and possess the licenses , registrations, and
certifications required by law to perform such tasks ; (iv) the Services will be performed in the
manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of
Contractor has been duly authorized to so execute the same and fully bind Contractor as a party
to this Agreement.
C. Contractor shall always provide fully qualified, competent, and physically capable
employees to perform the Services under this Agreement. Contractor shall possess and maintain
any required licenses, permits and certifications to perform the Services under this Agreement.
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City of Miami, Florida
RFQ 1243393
4. COMPENSATION:
A. Contractor, as its sole compensation for the Services provided, shall receive
compensation as indicated in Exhibit "C", which by this reference is incorporated into and made
a part of this Agreement.
B. Prices shall remain firm and fixed for the term of the Contract, including any
renewal or extension periods. Contractor represents, warrants and guarantees to the City that
Contractor shall completely, timely and properly perform the Work and all of its obligations under
the Agreement, in accordance therewith, for the Contract Price agreed upon by the parties. This
Contract Price shall constitute Guaranteed Maximum Cost to the Owner for performing the Work
inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The City
shall (absent a prior Amendment with a justifiable compelling cause approved as an Amendment
to this Agreement) have no liability or obligation to pay any amount in excess of the stated
Contract Price and Contractor shall have no recourse in that respect except to seek an
Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by
Contractor without reimbursement or additional compensation from the City.
C. Prices (i.e., Fees) will remain firm and fixed for the term of the Contract, including
any option or extension periods.
5. OWNERSHIP OF DOCUMENTS:
Contractor understands and agrees that any information, document, report, data or other
digital record, or any other material whatsoever which is given by the City to Contractor, its
employees, or any subcontractor, or which is otherwise obtained or prepared by Contractor solely
and exclusively for the City pursuant to or under the terms of this Agreement, is and shall always
remain the property of the City. Contractor agrees not to use any such information, document,
report, data, or material for any other purpose whatsoever without the written consent of the City
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Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion.
Contractor is permitted to make and to maintain duplicate copies of the files, records, documents,
etc. if Contractor determines copies of such records are necessary after the termination of this
Agreement; however, in no way shall the confidentiality as permitted by applicable laws be
breached. The City shall maintain and retain ownership of any and all documents which result
upon the completion of the work and Services under this Agreement as per the terms of this
Section 5.
6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Contractor agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Contractor which are directly
pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The
City may, at reasonable times, and for a period of up to three (3) years following the date of final
payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited
and inspected, those books, documents, papers, and records of Contractor which are related to
Contractor's performance under this Agreement. Contractor agrees to maintain all such books,
documents, papers, and records at its principal place of business in Miami -Dade County, or its
local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for
a period of three (3) years after final payment is made under this Agreement and all other pending
matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall
result in the immediate cancellation of this Agreement by the City.
B. The City may, at reasonable times during the term hereof, inspect the Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof. Contractor shall make available to the City all reasonable facilities and assistance
to facilitate the performance of tests or inspections by City representatives. All audits, tests and
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inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100,
18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which Sections apply
to this Agreement, as same may be amended or supplemented, from time to time.
7. AWARD OF AGREEMENT:
Contractor represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
8. PUBLIC RECORDS:
A. Contractor understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City Agreements, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
B. Contractor shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) upon request from the City's custodian
of public records, provide the City with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and following
completion of the Agreement if the Contractor does not transfer the records to the City; (4) upon
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completion of the Agreement, transfer, at no cost, to the City all public records in possession of
the Contractor or keep and maintain public records required by the City to perform the service, if
the Contractor transfers all public records to the City upon completion of the Agreement, the
Contractor shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements, if the Contractor keeps and maintains public records
upon completion of the Agreement, the Contractor shall meet all applicable requirements for
retaining public records, all records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.. Notwithstanding the foregoing, Contractor shall be
permitted to retain any public records that make up part of its work product solely as required for
archival purposes, as required by law, or to evidence compliance with the terms of the Agreement.
C. Should Contractor determine to dispute any public access provision required by
Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305)
416-1800, VIA EMAIL AT PUBLICRECORDS(&MIAMIGOV.COM, OR REGULAR MAIL AT
CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FLOOR, MIAMI,
FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE
CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Contractor understands that agreements with local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Contractor agree to comply with and observe all such applicable federal,
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state and local laws, rules, regulations, codes, and ordinances, as they may be amended from
time to time.
Contractor further agrees to include in all of Contractor's agreements with subcontractors
for any Services related to this Agreement this provision requiring subcontractors to comply with
and observe all applicable federal, state, and local laws rules, regulations, codes, and ordinances,
as they may be amended from time to time. Local laws in accordance with this Section shall mean
the applicable laws of the City of Miami, and Miami -Dade County.
10. INDEMNIFICATION:
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of
this Contract. Contractor shall further indemnify, defend (at its own cost), and hold the City, its
officers, agents, directors, and employees harmless against any civil actions, statutory or similar
claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that
the City, its officers, agents, directors, and employees were negligent. In the event that any action
or proceeding is brought against the City by reason of any such claim or demand, Vendor(s) shall,
upon written notice from the City, resist and defend (at its own cost) such action or proceeding by
counsel satisfactory to the City. Vendor(s) expressly understands and agrees that any insurance
protection required by this Contract or otherwise provided by Vendor(s) shall in no way limit the
responsibility to indemnify, defend and save the City, its officers, agents, directors, and employees
harmless as herein provided.
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In the event that any action or proceeding is brought against the City by reason of any such
claim or demand, the Contractor shall, upon written notice from the City, resist and defend such
action or proceeding by counsel satisfactory to the City. The Contractor expressly understands
and agrees that any insurance protection required by this Contract or otherwise provided by the
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Contractor to defend, at its own
expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding,
or to provide for such defense, at the City's option, any and all claims of liability and all suits and
actions of every name and description which may be brought against the City, whether performed
by the Contractor, or persons employed or utilized by Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will
be interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable
and as amended.
Contractor shall require all sub -contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The
Contractor agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any actions or omissions of the Contractor in which the City
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City,
in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor
under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by the Contractor.
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11. DEFAULT:
If Contractor fails to comply with any term or condition of this Agreement or fails to perform
in any material way any of its obligations hereunder, and fails to cure such failure after reasonable
notice from the City, then Contractor shall be in default. Contractor understands and agrees that
termination of this Agreement under this section shall not release Contractor from any
obligation(s) accruing prior to the effective date of termination. Should Contractor be unable or
unwilling to commence to perform the Services within the time provided or contemplated herein,
then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred
by the City in preparation and negotiation of this Agreement, as well as all costs and expenses
incurred by the City in the re -procurement of the Services, including consequential and incidental
damages. Upon the occurrence of a default hereunder the City, in addition to all remedies
available to it by law, may immediately, upon written notice to Contractor, terminate this
Agreement whereupon all payments, advances, or other compensation paid by the City to
Contractor while Contractor was in default shall be immediately returned to the City.
If the City fails to comply with any term or condition of this Agreement, or fails to perform
in any material way any of its obligations hereunder, and fails to cure such failure after reasonable
notice from Contractor, the City shall be in default, which shall be treated as a termination
pursuant to Section 13.
12. RESOLUTION OF AGREEMENT DISPUTES:
Contractor understands and agrees that all disputes between Contractor and the City
based upon an alleged violation of the terms of this Agreement by the City shall be submitted to
the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved
or disapproved, as applicable, by the City Commission, whose decision shall be final. Contractor
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shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it
has first received City Manager's written decision, approved or disapproved, as applicable, by
the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand
Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to
the City Manager a detailed statement of the dispute, accompanied by all supporting
documentation one hundred twenty (120) days if City Manager's decision is subject to City
Commission approval); or (iii) City has waived compliance with the procedure set forth in this
section by a written instrument clearly waiving compliance , signed by the City Manager. In no
event may the amount of compensation under this Section exceed the total compensation set
forth in Section 4 (A) of this Agreement. The adherence to this Section is the condition precedent
to the institution of any civil action by the Contractor against the City.
13. TERMINATION; OBLIGATIONS UPON TERMINATION:
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to
Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such
event, the City shall pay to Contractor compensation for Services rendered and approved
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Contractor for any additional compensation and expenses incurred, other than that provided
herein, and in no event shall the City be liable for any consequential or incidental damages. The
Contractor shall have no recourse or remedy against the City for a termination under this
subsection except for payment of fees due prior to the effective date of termination.
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. In such event, the City shall not be obligated to pay any amounts to Contractor for
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Services rendered by Contractor after the date of termination, but the parties shall remain
responsible for any payments that have become due and owing as of the effective date of
termination. In no event shall the City be liable to Contractor for any additional compensation and
expenses incurred, other than that provided herein, and in no event shall the City be liable for any
direct, indirect, special, consequential, or incidental damages.
14. NONDISCRIMINATION:
Contractor represents to the City that Contractor does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Contractor's
performance under this Agreement on account of race, color, sex, religion, age, handicap, marital
status, or national origin. Contractor further covenants that no otherwise qualified individual shall,
solely due to his/her race, color, sex, religion, age, handicap, marital status, or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
15. ASSIGNMENT:
The Contractor's services are considered specialized and unique. This Agreement shall
not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in
part, and Contractor shall not assign or otherwise subcontract any part of its operations
performing these services under this Agreement, without the prior written consent of the City
Manager, which may be withheld or conditioned, in the City Manager's sole discretion.
17. NOTICES:
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party
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may designate by notice given as herein provided. Notice shall be deemed given on the day on
which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
TO CONTRACTOR:
18. MISCELLANEOUS PROVISIONS:
TO THE CITY OF MIAMI:
Arthur Noriega V
City Manager
444 SW 2nd Avenue, 10t" Floor
Miami, FL 33130-1910
Victoria Mendez
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130-1910
Annie Perez, CPPO
Procurement Director
444 SW 2nd Avenue, 6t" Floor
Miami, FL 33130-1910
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida.
Each party shall bear its own attorney's fees. Each party waives any defense, whether
asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient
venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts
and irrevocably waive any objections to said jurisdiction. The parties irrevocably, knowingly and
voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of
this Agreement.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
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C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in
either event, the remaining terms and provisions of this Agreement shall remain unmodified and
in full force and effect or limitation of its use.
D. Contractor shall comply with all applicable laws, rules, and regulations in the
performance of this Agreement, including but not limited to licensure, and certifications required
by law for professional service Contractors.
E. No modification or amendment hereto shall be valid unless in writing and executed
by properly authorized representatives of the parties hereto. Except as otherwise set forth in
Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this
Agreement on behalf of the City.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns, if any.
20. INDEPENDENT CONTRACTORS:
Contractor has been procured and is being engaged to provide Services to the City as an
independent contractor, and not as an agent or employee of the City. Accordingly, neither
Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services
under this Agreement shall attain, nor be entitled to, any rights, emoluments, or benefits under
the Civil Service or Pension Ordinances of the City, nor any rights afforded classified or
unclassified employees of the City. Contractor further understands that Florida Workers'
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Compensation benefits available to employees of the City are not available to Contractor, its
employees, or any subcontractor hired by Contractor to provide any Services hereunder, and
Contractor agrees to provide or to require subcontractor(s) to provide, as applicable, workers'
compensation insurance for any employee or agent of Contractor rendering Services to the City
under this Agreement. Contractor further understands and agrees that Contractor's or
subcontractors' use or entry upon City properties shall not in any way change its or their status
as an independent contractor.
21. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in
program directions, applicable laws or regulations, upon thirty (30) days written notice.
22. FORCE MAJEURE:
A "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or
embargo not within the control of the Contractor. In the event that either party is delayed in
the performance of any act or obligation pursuant to or required by the Agreement because of
a Force Majeure Event as herein defined, the time for required completion of such act or
obligation shall be extended by the number of days equal to the total number of days, if any,
that such Force Majeure Event actually delay such party. The party seeking delay in
performance shall give notice to the other party in writing, within two (2) days of the Force
Majeure Event, specifying the anticipated duration of the delay, and if such delay shall extend
beyond the duration specified in such notice, additional notice shall be repeated no less than
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monthly so long as such delay due to a Force Majeure Event continues. Any party seeking
delay in performance due to a Force Majeure Event shall use its best efforts to rectify any
condition causing such delay and shall cooperate with the other party to overcome any delay
that has resulted.
23. CITY NOT LIABLE FOR DELAYS:
Contractor hereby understands and agrees that in no event shall the City be liable for,
or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or
on account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable proceedings
or on account of any delay(s) for any cause over which the City has no control. The sole remedy
which may be granted to the Contractor, in the reasonable discretion of the City Manager,
following a prompt and detailed request to be officially transmitted by the Contractor is an
extension of time. No other recourse or remedy will be available to the Contractor against the
City.
24. USE OF NAME:
Contractor understands and agrees that the City is not engaged in research for
advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited
scope of normal and customary marketing and promotion of its work, to use the general results
of this project and the name of the City. The Contractor agrees to protect any confidential
information provided by the City and will not release information of a specific nature without prior
written consent of the City Manager or the City Commission.
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25. NO CONFLICT OF INTEREST:
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding
conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor,
no employee, and no subcontractor under this Agreement nor any immediate family member of
any of the same is also a member of any board, commission, or agency of the City. Contractor
hereby represents and warrants to the City that throughout the term of this Agreement, Contractor,
its employees, and its subcontractors will abide by this prohibition of the City Code.
26. NO THIRD -PARTY BENEFICIARY:
No persons other than the Contractor and the City (and their successors and assigns)
shall have any rights as an express or implied third -party beneficiary whatsoever under this
Agreement.
27. SURVIVAL:
All obligations (including but not limited to indemnity and obligations to defend, save and
hold harmless) and rights of any party arising during or attributable to the period prior to expiration
or earlier termination of this Agreement shall survive such expiration or earlier termination.
28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
Contractor hereby certifies, represents and warrants to the City that on the date of
Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Contractor
under this Agreement are and will continue to be accurate, complete, and current. Contractor
understands, agrees, and acknowledges that the City shall adjust the amount of the compensation
and any additions thereto to exclude any significant sums by which the City determines the
contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-
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current wage rates and other factual unit costs. All such contract adjustments shall be made within
one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant
to the provisions hereof.
29. COUNTERPARTS; ELECTRONIC SIGNATURES:
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf
and other electronic signatures to this Agreement shall have the same effect as original signatures.
30. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and final agreement of the parties
relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect.
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IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused
the same to be executed, as of the date and year first above written.
ATTEST:
By: _
Name:
Title:
ATTEST:
By:
Todd B. Hannon
City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Bv:
Victoria Mendez
City Attorney
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"Contractor"
By:
Print Name:
Title:
"CITY"
CITY OF MIAMI,
a Florida municipal corporation
By:
Arthur Noriega V
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
Anne Marie Sharpe, Director
Risk Management
City of Miami, Florida
RFQ 1243393
EXHIBIT A
RFQ No. 1243393
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EXHIBIT B
SCOPE OF WORK
Provide state lobbying services pursuant to Section 3.0, Specifications/Scope of Work, of the
Solicitation.
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EXHIBIT C
PROPOSAL
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EXHIBIT D
INSURANCE REQUIREMENTS
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
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General Aggregate Limit $1,000,000
Retro Date Included
V. Network Security and Privacy Injury (Cyber Liability) If Applicable
Each Claim
Policy Aggregate
Retro Date Included
$1,000,000
$1,000,000
Consultant agrees to maintain professional liability/Errors & Omissions coverage,
along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a
minimum of 1 year after termination of the contract period subject to continued
availability of commercially reasonable terms and conditions of such coverage.
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as
to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
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