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RFPNumber:
Title:
Issue Date/Time:
RFPClosing 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:
Hard Copy Submittal Location:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: www.miamiaov.com/procurement
830382,2
Mural Advertising, Miami
Entertainment Complex, EUE Screen
Gems Studio
03-MAY-2018
09-MAY-2018 @ 15:00:00
None
April 27, 2018*5:OOpm
Bethel, Pearl
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
PBethel@miamigov.com
(305)400-5340
Page 1 of 42
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 submitter.
Please print the following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
CELL(Optional):
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Page 2 of 42
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Number/Occupational License Number:
Business License Issuing Agency/Occupational License Issuing Agency:
Business License Expiration Date/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, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
If Proposer has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code,
has Proposer filled out, notarized, and included with its RFP response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
The Proposer has reviewed the attached Sample Revocable License Agreement ("Agreement"). Does
Proposer acknowledge that the attached Agreement is an example of the standard Agreement used in
conjunction with the provisions of these services?
Page 3 of 42
Line: 1
Description: Proposers are not required to enter a unit price on this line. Proposers shall submit
their proposed prices on Attachment B, Fee Proposal Schedule, located under the Header/Notes
and Attachments Section of this solicitation, in the Oracle/iSupplier Sourcing System.
Category: 91504-00
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Page 4 of 42
Request for Proposals (RFP) 830382,2
Table of Contents
Termsand Conditions......................................................................................................................................................6
1. General Conditions............................................................................................................................................6
1.1. GENERAL TERMS AND CONDITIONS.............................................................................................6
2. Special Conditions...........................................................................................................................................26
2.1. PURPOSE.............................................................................................................................................26
2.2.INTRODUCTION................................................................................................................................26
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................26
2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION..........................................................................................................26
2.5. PROPOSERS MINIMUM QUALIFICATION REQUIREMENTS....................................................26
2.6. PREFERRED QUALIFICATIONS......................................................................................................27
2.7. EXECUTION OF AN AGREEMENT.................................................................................................27
2.8. TERM OF CONTRACT.......................................................................................................................27
2.9. GUARANTEE DEPOSIT.....................................................................................................................27
2.10. INSURANCE REQUIREMENTS......................................................................................................28
2.11. SUB-CONTRACTOR(S) OR SUB-CONSULTANT(S)...................................................................30
2.12. PROJECT MANAGER.......................................................................................................................30
2.13. USE OF PREMISES...........................................................................................................................30
2.14. SAFETY MEASURES.......................................................................................................................31
2.15. PUBLIC CONVENIENCE AND SAFETY.......................................................................................31
2.16. DAMAGES TO PUBLIC/PRIVATE PROPERTY............................................................................31
2.17. FAILURE TO PERFORM..................................................................................................................31
2.18. TERMINATION.................................................................................................................................32
2.19. ADDITIONAL TERMS AND CONDITIONS..................................................................................32
2.20. CHANGES/ALTERATIONS.............................................................................................................32
2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD.........................................32
2.22. ADDITIONAL SERVICES................................................................................................................33
3. Specifications..................................................................................................................................................34
3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................34
4. Submission Requirements...............................................................................................................................38
4.1. Submission Requirements.....................................................................................................................38
5. Evaluation Criteria...........................................................................................................................................42
5.1. EVALUATION CRITERIA..................................................................................................................42
Page 5 of 42
Request for Proposals (RFP) 830382,2
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. hi 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 bidder/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 bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/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 bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://www.ci.miami.fl.us/procurement
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.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/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 Bidder/Proposer shall maintain and retain any and all of
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Request for Proposals (RFP) 830382,2
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 bidder(s)/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 bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/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. Bidder/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
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder 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 Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/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
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/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 Bidder/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 Bidder/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
Page 7 of 42
Request for Proposals (RFP) 830382,2
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 bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/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 bidders/proposers within ten (10) days after
the award and successful bidder's/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 (HARDCOPY FORMAT) - 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 Bidder or
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 bidder/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 "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/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
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 bidders/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 Bidder/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—Bidder/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
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Request for Proposals (RFP) 830382,2
for the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/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).
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.
I. 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 bidder/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 Silence" 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, bidders, 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:
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Request for Proposals (RFP) 830382,2
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 REP, 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 bidders 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
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 bidder shall
render any award voidable. A violation by a particular Bidder, 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 or bidders 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 — Bidders/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 Bidder/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. Bidder/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. Bidder/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. Bidder/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. Bidder/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 Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
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Request for Proposals (RFP) 830382,2
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/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
provided as a result of this formal solicitation, and bidders/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 BIDDER/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
Bidder(s)/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
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Request for Proposals (RFP) 830382,2
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
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 Bidder/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 Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/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
Bidder/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.
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
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to comply with these requirements may deem a Response non -responsive.
A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal 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 Bidder(s)/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 Bidder/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
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 bidder 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:
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1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates 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 Bidder's/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
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. Bidder/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 "equipment 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 Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/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 bidder/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 bidder/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
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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 1st.
At the time of responding, it is bidder/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, bidder/proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
right to request and successful bidder/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
Bidder/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 Bidder/ Proposer must give its customers written notice of its privacy information
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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,
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—Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/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
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
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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 "Insurance
Requirements". The City shall be listed as an "Additional Insured."
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 Bidder/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 Bidder/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 Bidder/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, "when 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."
B. City Code Section 18-86, states, "the 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 bidders/proposers a
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
bidder/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
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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 Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/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 —Bidder/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, Bidder/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,
Bidder/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 bidder(s)/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
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.
1.55.00CUPATIONAL 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 Bidder/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.
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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 Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/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 (HARDCOPY FORMAT)—Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as 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. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response maybe rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of
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market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
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—Bidders/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.
Bidders/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 Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/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 bidders/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.
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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 119.0701, Florida Statutes, entitled "Contracts; public records". 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 WORK/SERVICES - 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 party'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)
(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.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. 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 when received by the Chief Procurement Officer; or
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H. Any prospective bidder who intends to contest the Solicitation Specifications or a 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 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.
i. 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, which will be
posted on the City of Miami Purchasing 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
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
H. 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.
W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) 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. hi 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. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
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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.
(f) 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
$5000.00, 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.
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, bidder(s)/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.
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 bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/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 bidder/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
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
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award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/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.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. 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 Oracle 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.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
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, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/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 Bidder/Proposer.
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
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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
Bidder/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 secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
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 Bidder(s)/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 Bidder(s)/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.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/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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Request for Proposals (RFP) 830382,2
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract to operate a mural advertising program on an Omni
Redevelopment District owned facility, as specified herein, from a source(s), fully compliant with the terms,
conditions and stipulations of the solicitation.
2.2. INTRODUCTION
The Omni Redevelopment District Community Redevelopment Agency ("CRA"), owns a facility known as the
Miami Entertainment Complex, EUE Screen Gems Studio ("Property"), Exhibit A -Site Map. The Property is located
at 50 NW 14th Street, Miami, Florida 33136. The space is approximately 160' x 60', and is on the south and west
facade of the Property. The City of Miami's ("City"), Department of Procurement ("Procurement"), on behalf of the
CRA is soliciting proposals to establish a Revocable License Agreement ("Agreement"), Exhibit B to operate
a mural advertising program.
The Successful Proposer shall comply, at all times, with applicable federal, state and local laws, permits, rules and
regulations inclusive of all City and County Regulations pertaining to Murals and Signs and make necessary
business arrangements so as to not exceed the parameters of the applicable Sign and Mural Codes. Wraps will be
only allowed under the circumstances whereby applicable permits and approvals were issued to the Successful
Proposer.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. 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: Pearl Bethel, CPPB; fax: (305) 400-5340 or email: pbethel@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 April 27,
2018@5:00pm. 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.
2.5. PROPOSERS MINIMUM QUALIFICATION REQUIREMENTS
The minimum qualification requirements for this Solicitation are that the Successful Proposer:
1) Shall have at least five (5) years of experience in managing, operating, and leasing outdoor mural venues,
and/or have operated an advertising program or revenue initiatives for venues with continuous large population
exposure locations in urban areas.
2) Shall be the holder of an active "Mural Permit", as defined and regulated by Chapter 62, Article XIII,
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Division 5 "MURALS", of the Charter and Code for the City of Miami, related to Zoning Approval for Temporary
Uses and Occupancies.
2.6. PREFERRED QUALIFICATIONS
The Successful Proposer should have:
1) Substantial knowledge of the legal requirements involved in this type of operation.
2) Adequate financial strength and resources to provide start -up -operations and reasonable working capital.
2.7. EXECUTION OF AN AGREEMENT
The Successful Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
afforded an opportunity to negotiate a Revocable License Agreement ("Agreement"), Exhibit B with the Omni
District Community Redevelopment Agency ("CRA"). The CRA 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 CRA, will contain certain terms as are
in the CRA's best interest, and will be subject to approval as to legal form by the Miami City Attorney.
Various terms including, without limitation, hold harmless/indemnity, insurance, conflicts, ethics, applicable law,
and venue, etc. are not negotiable
2.8. TERM OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute an agreement ("Agreement") with the CRA, which shall include, but not be limited to, the following
terms:
(1) The term of the Agreement(s) shall be for five (5) years with an option to renew for one (1) additional five (5)
year period.
(2) The CRA shall have the option to extend or terminate the Agreement.
Continuation of the agreement beyond the initial period is a CRA prerogative; not a right of the Proposer. This
prerogative will be exercised only when such continuation is clearly in the best interest of the CRA.
2.9. GUARANTEE DEPOSIT
Simultaneously with the execution of this Agreement, the Successful Proposer shall deposit with the CRA a
cashiers check or money order as a Guarantee Deposit in the amount of $10,000.00 as guarantee for the full and
faithful performance by Successful Proposer of all obligations of Successful Proposer under this Agreement or in
connection with this Agreement. If Successful Proposer is in violation (as provided in Paragraph 22 or other
applicable provision herein) beyond any applicable notice or cure period, the CRA may use, apply or retain all or
any part of the Guarantee Deposit for the payment of. (i) any fee or other sum of money which Successful Proposer
was obligated to pay but did not pay, (ii) any sum expended by CRA on Successful Proposer's behalf in accordance
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with the provisions of this Agreement, or (iii) any sum which CRA may expend or be required to expend as a result
of Successful Proposer(s violation. The use, application, or retention of the Guarantee Deposit or any portion thereof
by CRA shall not prevent CRA from exercising any other right or remedy provided for under this Agreement or at
law and shall not limit any recovery to which CRA may be entitled otherwise. At any time or times when CRA has
made any such application of all or any part of the Guarantee Deposit, the Successful Proposer shall deposit the sum
or sums equal to the amounts so applied by CRA within ten (10) days of written notice by the CRA.
2.10. INSURANCE REQUIREMENTS
Successful Proposer(s) shall pay on behalf of, indemnify, hold/save harmless and defend the CRA/City and its
officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out
of Successful Proposer(s) performance under the provisions of the contract, including all acts or omissions to act on
the part of Successful Proposer(s), including any person performing under this Contract for or on Successful
Proposer(s) behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to
the negligence or misconduct of the CRA/City and, from and against any orders, judgments or decrees which may
be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the
CRA/City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such
claim, or the investigation thereof.
The 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: Please see Attachment C, Insurance Addendum for insurance definitions,
requirements, and conditions.
I. 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 included as an additional insured
OMNI CRA listed as an additional insured
Contingent and Contractual Liability
Primary Insurance Clause Endorsement
Premises and Operations Liability
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II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an additional insured
OMNI CRA listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
IV. 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
V. Excess Liability
A. Limits of Liability
Each Occurrence $1,000,000
Aggregate $1,000,000
City of Miami and the OMNI CRA listed as an additional insured. Excess Follow Form over all applicable liability
policies contained herein
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VI. Errors & Omissions/Professional Liability
A. Limits of Liability
Each Claim $1,000,000
Aggregate $1,000,000
Retro Date Included
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.
2.11. SUB-CONTRACTOR(S) OR SUB-CONSULTANT(S)
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. A Sub -Contractor shall be
paid through Successful Proposer or Successful Proposer's firm and not paid directly by the CRA/City.
Sub -Contractors are allowed by the CRA in the performance of the services delineated within this Solicitation.
Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required
services. The CRA retains the right to accept or reject any Sub -Contractors proposed in the response of Successful
Proposer or prior to agreement execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne
solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and
approved by the CRA/City throughout the duration of the Agreement. Neither Successful Proposer nor any of its
Sub -Contractors are considered to be employees or agents of the CRA/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 Agreement, 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 agreement that may result from this Solicitation, any applicable licenses, references, ownership, and other
information required of Proposer.
2.12. PROJECT MANAGER
Upon award, Successful Proposer shall report and work directly with Anthony Balzebre, Assistant Director or
designee, who shall be designated as the Project Manager for the CRA.
2.13. USE OF PREMISES
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The Successful Proposer shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall
not unreasonably encumber the premises with his/her materials. The Successful Proposer shall take all measures
necessary to protect his/her own materials.
2.14. SAFETY MEASURES
Successful Proposer shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs
warning against hazards created by his/her operation and work in progress must be posted.
All employees of Successful Proposer shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The Successful Proposer shall use only equipment that is fully
operational and in safe operating order. Successful Proposer shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.15. PUBLIC CONVENIENCE AND SAFETY
The Successful Proposer shall conduct his/her work so as to interfere as little as possible with private business or
public travel. Proposer shall, at his/her own expense, whenever necessary or required, maintain barricades, maintain
lights, and take such other precautions as may be necessary to protect life and property, and Proposer shall be liable
for all damages occasioned in any way by his/her actions or neglect or that of his/her agents or employees.
The Successful Proposer shall meet the following noise abatement performance standards for all construction
equipment:
• Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
residential or commercial property line.
• Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.16. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Proposer shall carry out the work with such care and methods so as not to result in damage to public
or private property adjacent to the work. Should any public or private property be damaged or destroyed, the
Successful Proposer, at his/her expense, shall repair or make restoration as is practical and acceptable to the CRA
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one
month from date damage was done).
2.17. FAILURE TO PERFORM
Should it not be possible to reach the Successful Proposer or its Project Manager, and/or should remedial action not
be taken within 48 hours of any failure to perform according to specifications, the CRA reserves the right to declare
Successful Proposer in default of the agreement or make appropriate adjustments to the Guarantee Deposit.
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2.18. TERMINATION
A. FOR DEFAULT
If Successful Proposer defaults in its performance under this Agreement and does not cure the default within 30 days
after written notice of default, the CRA Executive Director may terminate this Agreement, in whole or in part, upon
written notice without penalty to the CRA. In such event the Successful Proposer shall be liable for damages
including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any
reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without
his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the
convenience of the CRA.
B. FOR CONVENIENCE
The CRA Executive Director may terminate this Agreement, in whole or in part, upon 30 days prior written notice
when it is in the best interest of the CRA. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the CRA the Successful Proposer will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this Agreement is for services and so terminated, the CRA shall
be liable only for payment in accordance with the payment provisions of the Agreement for those services rendered
prior to termination.
2.19. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your 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 CRA/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.
2.20. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral
modifications will be allowed. Written modifications shall not be allowed following the proposal deadline.
2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued;
(2) Receipt of responses;
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Request for Proposals (RFP) 830382,2
(3) Opening and listing of all responses received;
(4) Procurement staff will review each submission for compliance with the submission requirements of the
solicitation, including verifying that each submission includes all documents required;
(5) An Evaluation Committee ("Committee"), appointed by the CRA Executive Director, comprised of appropriate
City of Miami/CRA personnel and members of the community, as deemed necessary, with the appropriate technical
expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this
solicitation and based upon the evaluation criteria as specified herein;
(6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before
the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of
the Committee and shall be recorded;
(7) The Committee reserves the right to rank the proposals and shall make its recommendation to the CRA
Executive Director requesting the authorization to negotiate. No Proposer(s) shall have any rights against the CRA
arising from such negotiations thereof,
(8) The CRA Executive Director reserves the right to reject the Committee's recommendation to negotiate, and
instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s)
shall have any rights against the CRA arising from such termination thereof;
(9) If the CRA Executive Director accepts the Committee's recommendation to negotiate, Procurement will
negotiate a final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the
CRA Executive Director;
(10) The CRA Executive Director shall then submit his or her award recommendation and negotiated contract (s) to
the CRA Board of Directors for approval. Written notice shall be provided to all proposers.
(11) If the CRA Executive Director accepts the award recommendation, the CRA Executive Director'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 CRA
Executive Director'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.
(12) After reviewing the CRA Executive Director's recommendation, the CRA Board of Directors may:
1. Approve the CRA Executive Director's award recommendation and negotiated contract(s);
2. Reject all proposals;
3. Reject all proposals and instruct the CRA Executive Director to reissue a solicitation; or
4. Reject all proposals and instruct the CRA Executive Director to enter into competitive negotiations with at least
three individuals or firms possessing the ability to perform such services and obtain information from said
individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a
recommendation to the CRA Board of Directors.
The decision of the CRA Board of Directors shall be final. Written notice of the award shall be given to the
Successful Proposer.
2.22. 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.
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Request for Proposals (RFP) 830382,2
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
1. Objectives
The Successful Proposer shall develop an advertising program to achieve the following objectives:
1. Effectively optimize the advertising space;
2. Provide national, international, regional, and local advertisers a venue within the City;
3. Generate maximum revenue; and
4. Improve the aesthetics of a publicly owned building without interfering with the daily business operations
or negatively affecting public safety.
2. Services to be Provided
The Successful Proposer shall:
1) Comply with the condition precedent of securing lawful permits and approvals within such time, commence
installation at the subject site within one hundred twenty (120) days following contract award. This includes meeting
all City requirements as necessary to be approved by the City for the "transfer" of an existing mural permit from an
existing site, and/or for obtaining a new site permit.
2) Conduct, at its sole cost and effort, any and all preliminary site research, regulatory review, and field visits
necessary to assess project viability, including the ability to meet the time requirement listed above. The CRA will
make the site available ` as is,'. No representations are made as to the condition, adequacy, suitability or any other
characteristics or features of the site.
3) Operate a successful, efficient, and professional appearing outdoor advertising venue, by replacing or repairing
any and all physical components of the advertisement and related equipment that are damaged due to normal
wear -and -tear, weather related incidents, vandalism, and/or accident. Advertising venue has the same meaning as
mural site.
4) Provide a plan by which the CRA may share use of the space for advertising CRA messages of importance to
the public. Said plan shall be subject to final negotiations with the Successful Proposer. Examples of potentially
viable arrangements might include shared use of the space at the same time, use of the entire facade on a periodic
basis, and so on. The cost of manufacturing and installing the CRA's and/or City of Miami's message shall be borne
by the Successful Proposer.
5) Ensure that the Successful Proposer's production and operation personnel meets with City's technical personnel
within the first one hundred twenty (120) days following contract award, in order to assess the specific
characteristics of the site and to ensure compliance with those requirements deemed by the City and CRA to be
necessary to protect the integrity of the building.
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Request for Proposals (RFP) 830382,2
6) Appoint and name a single point of contact as Successful Proposer's Project Manager to represent and act on
behalf of the Successful Proposer in all matters pertaining to the advertising services program. Name and contact
information (i.e., office number, cell phone number, email address, mail address, etc.) for said employee shall be
readily available to timely respond to project -related concerns raised by the CRA or its designee.
7) Respond to CRA's emergency requests within twenty-four (24) hours and within forty-eight (48) hours for
other requests unless otherwise directed by the CRA. Maintenance personnel shall be available for emergency
contact via phone twenty-four (24) hours a day, three hundred sixty-five (365) days a year.
8) Provide a comprehensive Master Operational Plan ("Plan") demonstrating how, through advertising, the
Successful Proposer shall execute the objectives and implementation of the advertising program to maximize
revenue for the wall murals. The Plan shall demonstrate the capability of actively soliciting and selling advertising
and revenue initiative projects on an international, national, regional, and local level, and shall include a realistic
timetable for design and approval for the proposed advertising location. The Plan must be reviewed and approved by
the CRA, which upon mutual agreement by both the CRA and Successful Proposer may be changed, amended,
modified, or supplemented. Once the CRA approves the "Final Version" of the Plan, the Successful Proposer shall
commence installation of the approved advertisement within ninety (90) days from the date the CRA approves the
Plan, and issues a Notice to Proceed.
3. Advertising Installations and Fixtures
The Successful Proposer shall:
1) At their own expense, procure the installation of permitted and approved light fixtures/night illumination
subject to review and approval by the CRA. All displays shall be cleaned routinely, lighting replaced, and any other
services needed, checked and properly maintained for optimal usage by the Successful Proposer and optimal
viewing by the general public.
2) Provide an Installation and Maintenance Plan to service the installed murals (i.e., wall cleaning, light
replacement, mural repair and removal, etc.) for approval by the City and the CRA.
3) Develop, procure, maintain, and repair all advertising installations, fixtures, hardware, and supporting
connections in accordance with City Codes and Regulations.
4) Provide advertising installations that are pleasing in appearance, and compatible with Property's physical
boundaries and operational context.
5) Pay all external use charges associated with the mural and for separately metering the mural.
6) Remove all advertisement installations, fixtures and inventory at the end of the Contract, and restore the wall
area in the same condition, order, and repair as at the Contract commencement date, or better, excepting only
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Request for Proposals (RFP) 830382,2
reasonable wear and tear arising from the use thereof in providing the Services.
7) Comply fully and in a timely manner with all requirements of this Solicitation. Failure to do shall result in a
cancellation by the Executive Director as set forth in the attached Agreement.
Notes:
a) All alterations/improvements to the area or Property shall, unless otherwise expressly provided for in writing
executed between the Successful Proposer and the CRA, remain the Property of the Successful Proposer and may be
removed by the Successful Proposer at any time prior to or within thirty (30) days after the termination of the
Agreement.
b) All costs associated with the design, permitting, City fees, and construction of the structure and lighting for the
mural shall be the responsibility of the Successful Proposer.
c) Electricity to the mural shall be separately metered or sub -metered.
4. Advertising and Graphics
The services requested are specifically limited to building mounted wall murals. The Successful Proposer shall
adhere to generally accepted principles of advertising in relation to good taste, and truth in advertising.
The Successful Proposer shall not advertise:
1) Materials which are offensive or irritating in its content or method of presentation.
2) Any types of tobacco products.
3) Or display material containing or considered to be immoral, lascivious, or obscene as defined in Florida
Statutes Chapter 847, Obscenity.
4) Libelous material or material detrimental to the operation or goals of the CRA/City.
5) Successful Proposer shall submit all advertising materials, graphics, texts, symbols, advertisements, and
manner of presentation to the Executive Director or designee no less than fifteen (15) business days in advance of
the scheduled mural installation date for approval. The CRA reserves the right to disapprove any such items at any
time, at its sole discretion, and in accordance with Chapter 62 of the City of Miami Code of Ordinances. If the
Executive Director or designee makes a timely objection, then the Successful Proposer shall attempt to reconcile the
differences with the Executive Director or designee within thirty (30) days. If no resolution is reached, Successful
Proposer agrees to submit a substitution for the advertising materials, graphics, texts, and symbols.
5. CRA's Responsibilities
The CRA will provide reasonable and sufficient access to the Property to the Successful Proposer for the periodic
installation, and removal of murals, as well as for the maintenance and repair of the murals. Should the CRA at any
time decide to sell or otherwise dispose, transfer, or convey the Property on which the mural site is located,
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Request for Proposals (RFP) 830382,2
Successful Proposer will be responsible for establishing a suitable arrangement for continuation of the use of the
mural location.
In the event of a sale of the Property, the CRA will notify the Successful Proposer in writing thirty (30) days prior to
relinquishing Property to new owners in accordance with Sections 21 and 29 of the Revocable License Agreement
(Exhibit B).
In the interests of full disclosure and transparency, the CRA will share 25% of the revenues with the current tenant
of the Property who is EUE Screen Gems.
6. Payments to CRA
The Successful Proposer shall pay to the CRA, a Minimum Annual Guarantee plus a Percentage of Monthly
Gross Receipts for the licensed use of the Property.
Minimum Annual Guarantee (MAG)
1. The Successful Proposer shall pay a Minimum Annual Guarantee (MAG) of no less than $275,000, due in
twelve (12) equal monthly payments, on or before the first day of each month, as of the first date of the mural
installation. The MAG shall be adjusted upward at the end of each Agreement Year, at a rate consistent with the
latest Consumer Price Index (CPI). This CPI adjustment will be based on the CPI Index -All Urban Consumers,
Miami -Fort Lauderdale, FL, All Items.
PLUS
Percentage of Monthly Gross Receipts
2. The Successful Proposer shall also pay the CRA a Percentage of Monthly Gross Receipts within ten (10) days
following the end of each month during the term of the Agreement.
Notes:
1. Refer to Form B-1, Fee Proposal Schedule for MAG and Percentage of Monthly Gross Receipts.
2. The CRA reserves the right to negotiate the final revenue arrangements.
Page 37 of 42
Request for Proposals (RFP) 830382,2
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. This information
should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this
Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may
not be considered for contract award.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
The responses to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non -responsive. Submission Requirements supersedes Section 1.78. Submission and Receipt of
Responses of this RFP document.
4.2 INSTRUCTIONS TO PROPOSERS
A. Include the signed RFP Certification Statement.
B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification
requirements, pursuant to Section 2.5 Proposer's Minimum Qualifications.
1. Cover Pagg
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract;
Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable
Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security 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 SummarX
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.
Page 38 of 42
Request for Proposals (RFP) 830382,2
4. Proposer's Experience Past Performance
a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business
providing a similar service(s) and the primary geographic markets served.
b) Provide a detailed list of comparable contracts (similar in scope of services to those requested herein) which the
Proposer has either ongoing or completed within the past five (5) years. The description should identify for each
project:
i. Client
ii. Description of work
iii. Total dollar value of the contract
iv. Dates covering the term of the contract
v. Client contact person and phone number
vi. Statement of whether proposer is/was the prime contractor or subcontractor
vii. If Proposer was the subcontractor name the prime
viii. Detail Proposer's responsibilities and the results of the project
Where possible, list and describe those projects performed for government clients or similar size private entities.
(including any work performed for the City of Miami)
c) Provide any other information or documentation related to Proposer's qualifications and experience from which
the City of Miami can benefit under this contract.
d) Provide information concerning any prior or pending litigation, either civil or criminal, involving a governmental
agency or which may affect the performance of the services to be rendered herein, in which the Proposer, any of its
employees is or has been involved within the last five years.
Note: Proposer should demonstrate a minimum of five years' experience in providing Mural Advertising
Services
5. Key Personnel Performing Services
1. Provide an organization chart showing the Project Manager and all key personnel, including their titles, to be
assigned to this project. This chart must clearly identify the Proposer's Project Manager, other employees and those
of the subcontractors.
2. Describe the experience, qualifications and other vital information, including number of years of relevant
experience on previous similar projects, of the Project Manager and all key personnel, who will be assigned to this
project.
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Request for Proposals (RFP) 830382,2
3. Provide resumes, if available with job descriptions and other detailed qualification information on the Project
Manager and all key personnel who will be assigned to this project.
4. Provide the plan for retention, describing how the Proposer shall ensure the same level of qualification and
experience, of all proposed key personnel who will be assigned to this project.
Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation,
the Proposer has a continuing obligation to advise the CRA of any changes, intended or otherwise, to the
Project Manager and key personnel identified in its proposal.
6. Proposed AUUroach to Providing the Services
1. Describe Proposer's approach to project organization and management, including the responsibilities of
Proposer's management and staff personnel that will perform work in this project.
2. Explain the Proposer's position to commence mural installation at the subject site within 120 days following
contract award.
3. Describe Proposer's approach by demonstrating how, through advertising, the Selected Proposer will execute the
objectives and implementation of the work in this project, including how Proposer intends to maximize revenue for
the project.
4. Describe Proposer's specific plan and processes in actively soliciting and selling advertising and revenue
initiative projects on a local, regional, and national level.
5. Describe Proposer's Master Operational Plan as requested in Specifications/Scope of Work, Item 8 under Section
2. Provide concepts, strategies, resources, including but not limited to:
a. Standard specifications for proposed murals. For example: material composition, support framework,
anchoring or other hardware mechanisms, lighting (if any is proposed), installation method and time requirement for
same.
b. Design and approval process for specific advertisements.
c. Nature of marketing plan and how it will provide for the most desirable advertisers, and the highest
advertising rates possible.
d. Proposed non -rent considerations as requested in Specifications/Scope of Work, Section 2, Item 4.
6. Provide a project schedule identifying specific key tasks and duration for the implementation of the Master Plan
for the project.
7. Describe in detail the Installation and Maintenance Plan as requested in Specifications/Scope of Work, Section 3,
Page 40 of 42
Request for Proposals (RFP) 830382,2
Item 2 to service all advertising devices under this RFP (i.e., wall cleaning, light replacement, mural repair, and
removal, etc.). Plan should include all steps Proposer will take to ensure absolute cleanliness, good condition, and
safety of installed signage and any related furnishings.
8. Identify if Proposer has taken any exception to the terms of this Solicitation. If so, indicate what alternative is
being offered and the cost implications of the exceptions (s).
7. Financial Information
1. Provide a Pro Forma Statement showing five years of projected sales and expenses (during initial term of lease
agreement. Statements that are artificially inflated or otherwise skewed may be evaluated as less desirable than
reasonable Pro Forma Statements. (see sample Pro -Forma Statement- Attachment A)
2. Provide documentation proving Proposer's financial strength and ability to provide start-up operations and
reasonable working capital to handle this project. Such documentation may include its most recent certified financial
statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period, with a
statement in writing, signed by a duly authorized representative, stating that the present financial condition is
materially the same as shown on the balance sheet and income statement submitted, or with an explanation for a
material change in the financial situation. If certified financial statements are not available, provide latest available
financial statements (balance sheet and income statement) and letters of credit availability from accredited financial
institutions, or other relevant documentation.
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Request for Proposals (RFP) 830382,2
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Evaluation Criteria
Proposals will be evaluated and ranked by an Evaluation/Selection Committee ("Committee"). The Committee will
be comprised of appropriate City of Miami/CRA 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 Committee member.
Technical and Price Criteria and Points
1. Proposer's and its sub -contractors' relevant experience, qualifications, and past performance in providing the type
of services described in the solicitation, including relevant experience and qualifications of key personnel, including
key personnel of subcontractors, that will be assigned to this project. (30 Points)
2. Proposer's management approach and plan to providing the services requested in the solicitation, including Master
Plan, Installation and Maintenance Plan, and sharing of space for CRA advertisements. (30 Points)
3. Proposer's financial capabilities, Pro -forma statement, Minimum Annual Guarantee, and Percentage of Monthly
Gross Receipts. (40 Points)
Upon completion of the technical criteria evaluation indicated above, the Committee may choose to conduct oral
presentations with the Proposers which the Committee deems to warrant further consideration. Upon completion of
the oral presentations, the Committee will re-evaluate, re -rate, and re -rank the proposals remaining in consideration,
based upon the written documents combined with the oral presentation.
The price proposal will be evaluated subjectively in combination with the technical proposal, including an
evaluation of how will it matches Proposer's understanding of the CRA's needs. The pricing evaluation is used as
part of the evaluation process to determine the highest ranked proposer. The CRA reserves the right negotiate the
terms, conditions, and pricing as may be in the best interest of the CRA.
Page 42 of 42
CITY OF MIAMI LOCAL OFFICE CERTIFICATION
(City Code, Chapter 18, Article III, Section 18-73)
Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456)
Solicitation Title:
(Bidder/Proposer) hereby certifies compliance with the Local Office
requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as
amended.
Local office means a business within the city which meets all of the following criteria:
(1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12)
months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for
purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a
minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or
owner of the local business; a post office box shall not be sufficient to constitute a local office within the city;
(2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a
term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately
preceding the date bids or proposals were received, and be available for review and approval by the chief
procurement officer or its designee; for recently -executed leases that have been in effect for any period less than
the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed
lease within the corporate limits of the city that documents, in writing, continuous business residence within the
corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids
or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for
review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent
checks or other rent payment documentation in writing that documents local office tenancy shall be available for
review and approval by the chief procurement officer or its designee;
(3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami -
Dade County, if applicable; and
(4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, any license or certificate of competency and certificate of use
required by either the city or Miami -Dade County that authorizes the performance of said business operations;
and
(5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be
eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting
documentation in support of this local office certification is borne by the business applicant submitting a bid or
proposal.
1
FORM -City of Miami Local Office Certification
7/22/2013
PLEASE PROVIDE THE FOLLOWING INFORMATION:
Bidder/Proposer Local Office Address:
Does Bidder/Proposer conduct verifiable, full-
time, on -site employment at the local office
El YES El
NO
for a minimum of forty (40) hours per
calendar week?
If Bidder/Proposer's Local Office tenancy is
pursuant to a lease, has Bidder/Proposer
❑ YES ❑
NO ❑ N/A
enclosed a copy of the lease?
City of Miami:
❑ YES ❑ NO ❑ Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
Business Tax Receipt (BTR) issued by the
City of Miami and Miami -Dade County?
Miami -Dade County: ❑ YES ❑ NO ❑ Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
license, certificate of competency and
certificate of use that authorizes the
❑ YES ❑
NO
performance of Bidder/Proposer's business
operations?
Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under
Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended.
Print Name (Bidder/Proposer Authorized Representative)
Signature
Date
FORM -City of Miami Local Office Certification
7/22/2013
STATE OF FLORIDA
COUNTY OF
Certified to and subscribed before me this day of
(NOTARY SEAL)
Personally Known
Type of Identification Produced
20 , by
(Signature of Notary Public -State of Florida)
(Name of Notary Typed, Printed, or Stamped)
OR Produced Identification
FORM -City of Miami Local Office Certification
7/22/2013
RFP830382,
Mural Advertising, Miami Entertainment Complex, EUE Screen Gem Studios
SAMPLE PRO FORMA
Attachment -A
4-
�-
Revenue
-- --
----
---
Sales
Reference
Year 1
Year 2
Year
3 Year 4
Year 5
Gross Sales Revenue
-----------�--
Less Sales Tax Collected ------
n % —--�--
-
--�---
--�---
Net Sales Revenue
---
Costs--�---
---
Payroll
Total Payroll Costs
Taxes and Benefits
n
Total Payroll Costs, Taxes and Benefits
Cost of Goods
Total Cost of Good
Operating Expenses
Corporate Overhead
Insurance
----
--
------
Repair & Maintenance
—�
Utilities
Professional Services
_
Misc Costs
Vehicle
Total Operating Expenses
Interest and Deprecation
Interest
----1------
1 —
---
---
Depreciation
Total Monthly Interest and Depreciation
C n-16
Net Profit or (Loss)
{
----------------------�--
---�---
--- --- — ----------I
----I
�---
I —
I -- ]-------
Note: Miscellaneous Includes
Licenses/Taxes
Depreciation: represents annual charges for replacements of inventory
-
Profit: (Revenue -Total Expenses)
FINANCIAL INFORMATION
—
Proposed Minimum Annual Guarrantee
f$
f
_. ---
Percentage of Gross Receipts —�$
------—
--�---
--------------t----1---
---1---�---
---
RFP NO. 830382, Mural Advertising, Miami Entertainment Complex, EUE Screen Gems Studio, Attachment B (Fee Proposal Schedule)
FORM B-1
Fee Proposal Schedule
Provide Proposer's Fee Proposal on this Form B-1 "Fee Proposal Schedule". The pricing includes a
Minimum Annual Guarantee (MAG), and Percentage of Total Monthly Gross Receipts, as further detailed
below.
The Successful Proposer shall pay a MAG for the licensed use of the south and west facade of the Miami
Entertainment Complex, EUE Screen Gems Studio, which shall be due in twelve (12) equal monthly
payments.
The Successful Proposer shall pay the CRA dollars ($ ) per month.
(Insert written amount) (Insert number)
The MAG shall be received by the CRA from the Successful Proposer on or before the first day of each
month, as of the first date of the mural installation. The MAG shall be adjusted upward at the end of each
Agreement Year, at a rate consistent with the latest Consumer Price Index (CPI), this CPI adjustment will be
based on the CPI Index -All Urban Consumers, Miami -Fort Lauderdale, FL, All items.
AND
A. Percentage of Total Monthly Gross Receipts
In addition to the MAG, the Successful Proposer shall pay the CRA a Percentage of Monthly Gross Receipts,
which is expected to be payable within ten (10) days following the end of each month during the term of the
agreement.
The Successful Proposer shall also pay to the CRA a percentage ( %) of total monthly gross receipts.
(Insert number)
Notes:
1) The MAG shall be no less than $275,000 annually, to be paid in twelve (12) equal monthly
installments (no less than $22,916.66), due on or before the first day of each month, without billing.
2) The Percentage of Gross Receipts shall be due on the tenth (loth) day of each month for the
preceding month without billing.
3) The MAG and Percentage of Total Monthly Gross Receipts stated shall be guaranteed.
4) Notwithstanding any proposed prices, the CRA reserves the right to negotiate the final terms,
conditions and pricing of the Agreement as may be in the best interest of the CRA.
7-19-2017
ATTACHMENT C
INSURANCE ADDENDUM
INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS
The VENDOR/CONTRACTOR/LICENSEE agrees to provide and maintain throughout the life of
this contract and at Vendor/Contractor's expense insurance coverage outlined herewith as
applicable insuring all operations related to the contract and any extensions thereof.
Workers Compensation and Employers Liability
Statutory and subject to the Laws of the State of Florida. This coverage protects against lawsuits
stemming from workplace accidents. It provides for medical care to injured employees, along with
compensation for lost income.
Commercial General Liability
It protects against accidents and injuries that occur on company property or the property of a
customer. It compensates an injured person or owner of property for injuries and property
damages, and the cost of defending lawsuits, including legal settlements or investigations. This
policy also covers claims resulting from products exposures, libel, slander, copyright infringement
and other personal and advertisement injuries.
Commercial Automobile Liability
It protects against liability, no fault, medical payments, uninsured and underinsured motorists
claims, collision and other than collision physical damage. In addition, this policy affords coverage
on autos that are hired or borrowed or non -owned for use in the business. The non -owned can
be autos owned by employees or members of their households.
Non Owned Auto exposures can be endorsed or added under the Commercial General Liability
Policy.
Professional/Errors and Omissions Liability
Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial
advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the
financial effects of liability lawsuits filed by clients. It basically protects professionals who cause
harm to a client due to incompetence, errors or negligence.
Umbrella Liability
It protects against liability and losses after primary insurance benefits have been exhausted. This
supplemental coverage kicks in only after the underlined liability policies have paid their maximum
benefits.
Environmental Liability
It protects against the financial costs of claims of injury or damage due to pollution, and other
costs of cleaning up pollutants. These policies are designed to cover both property and liability
risks.
ATTACHMENT C
Directors and Officers Liability
This coverage protects against claims from stockholders, employees and clients that are also
aimed individually at directors and officers. These claims typically stem from errors in judgement,
breaches of duty and wrongful acts in connection with company business.
Cyber Liability
It protects against costs of the theft, destruction or unauthorized use of electronic data through
computer viruses or network intrusions. It also adds protection to a business against such costs
if a business fails to safeguard another party's electronic data. Companies sharing data outside
their internal network benefit from this coverage
Commercial Property
It protects against claims or damages to the insured's buildings, business personal property and
personal property of others. It can also provide for loss of business income coverage or extra
expenses incurred because of physical loss by a covered peril to the insured's property.
Commercial Crime
It protects against loss of money, securities and other property because of a variety of criminal
acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud,
kidnapping and extortion. Crime insurance also covers money and securities against damage or
destruction by almost any cause of loss, not just crime.
Builders Risk
It protects against damage to or destruction of buildings or other structures during their
construction. Any party with a financial interest in a construction, remodeling, or repair project
benefits from this coverage.
Surety Bonds
Surety bonds are three party contracts. The principal, the party that undertakes the obligation,
pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the
obligation will be performed. The obligee is the party that receives the benefit of the bond If the
obligation is improperly performed.
Valuable Papers
It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically
is defined to include almost all forms of printed documents or records with the exception of money
or securities, and data and media which is usually excluded.
Additional Requirements
The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk
Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of
insurance to be in force on the date of this Contract, and Renewal Certificates of insurance
thereafter. All policies indicated on the certificate must be in compliance with all Contract
ATTACHMENT C
requirements. The failure of the City to obtain the applicable or corresponding certificates from
Contractor is not a waiver by the City of any requirements for the Vendor/Contractor.
The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an
additional insured. All insurance certificates must be signed, dated and reference the City contract
number.
The insurance must provide for sixty (30) days prior written notice to be given to the City in the
event coverage is substantially changed, canceled, or non -renewed.
Any deductibles or self -insured retentions on referenced insurance coverages must be borne by
Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of
subrogation against the City of Miami, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's
liabilities and responsibilities specified within the Contract or law.
Any insurance or self-insurance programs maintained by the City of Miami shall not contribute
with insurance provided by the Vendor/Contractor under the Contract.
The required insurance to be carried is not limited by any limitations expressed in the
indemnification language in this Contract or any limitation placed on the indemnity in this Contract
given as a matter of law.
If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must
name the joint venture or Limited Liability Company and each of its separate constituent entities
as named insureds.
The Vendor/Contractor must require all subcontractors to provide the insurance required herein.
All subcontractors are subject to the same insurance requirements of the Vendor/Contractor
unless otherwise specified in this Contract.
If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the
additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in
the Contract to the contrary, the City of Miami Risk Management Department maintains and
reserves the right to modify, delete, alter or change these requirements.
\V,111 ITRI_ /_ (AT(
Cali Of `tanri
ADDENDUM NO. 1
Request for Proposal (RFP) No. 830382
EN11L10 T. GONZ,AL[ Z. PH, D.
l itv Mallaum
April 20, 2018
Mural Advertising Miami Entertainment Complex, EUE Screen Gems Studio
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the RFP documents of the
above captioned RFP, and shall become an integral part of the Contract Documents. Words and/or
figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Please note the contents herein and
reflect same on the documents you have on hand.
The following is the City's response to a question received from a prospective proposer:
Q1. Section 24 of the Revocable License says "a Mural Permit from Local Ordinance Chapter 62
Article XIII, Division 5 "Murals" lottery a permit is required". Since this is a City of Miami property
is a permit required, and does the sign need to be in compliance with the terms and conditions?
Al. The property is not a City of Miami property. The property is owned by the Omni Redevelopment
District Community Redevelopment Agency. A mural permit is required, and the sign must
comply with all applicable requirements.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
AP/ppb
Cc. RFP File
Sincerely,
hie Perez, CPPO
Director of Procurement
Palge I
ANNIE PEREZ, CPPO
Chief Procurement Officer
(tZi#v of Affiiami
ADDENDUM NO. 2
Request for Proposal (RFP) No. 830382
EMILIO T. GONZALEZ, PH. D
City Manager
May 03, 2018
Mural Advertising Miami Entertainment Complex, EUE Screen Gems Studio
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the RFP documents of the
above captioned RFP, and shall become an integral part of the Contract Documents. Words and/or
figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Please note the contents herein and
reflect same on the documents you have on hand.
The following is the City's response to questions received from a prospective Proposer:
Q1. Please confirm that responses provided in Addendum No. 1 to RFP 16-17-055 are
applicable to the current RFP. If not, please specify how you would answer the same questions
differently.
Al. Since RFP830382 mirrors RFP 16-17-055, the responses in Addendum No. 1 to the questions
asked under RFP 16-17-055, would remain the same.
Q2. Is the Omni CRA aware of any surveys or other profession verification of the spacing between
the RFP's proposed mural location and the billboard sign located in the surface parking lot just
east of the EUE Screen Gems Studio building? If so, please identify the survey or other verification
and provide a copy.
A2. No. The CRA is not aware of any surveys or other profession verification. However, Proposers
are welcome to make arrangements to conduct their own on -site inspection by contacting
ijones@miamigov.com. The Omni CRA will make provisions for Proposers and or their personnel to
make an inspection of the site (except Saturday and Sunday) during normal business hours 8:00am
-5:00pm. Provide your time and availability to ijones@miamigov.com. Please note all dimensions
must be in compliance with all applicable regulations.
Q3. Has the Omni CRA consulted with the City of Miami to confirm whether a spacing conflict
exists? If so, provide the City's response. If any exemptions to the 300-foot spacing requirement
applies to the proposed mural, identify the exemption. Please note that, while the City's Mural
Code reduces spacing requirements within the Park West Entertainment District to 150 feet, it
does not appear to do so within the Omni Entertainment District.
Page I
A3. No, the Omni CRA has not consulted with the City of Miami on any potential spacing conflict. As
stated in the RFP and the Revocable License Agreement proposals must comply with all applicable laws.
Proposers are welcome to conduct their own on -site inspection. Refer to A2 above for instructions on
scheduling.
Q4. Paragraph 7(2) of the RFP requests highly sensitive and confidential financial information.
Please confirm whether the CRA would instead accept either:
A) Letter of credit for the cost of installing the required infrastructure; or
B) Sworn affidavit of financial strength plus a scheduled meeting to allow CRA staff to inspect
financial statements in -person.
A4. Proposers should submit sufficient information that they feel will be in their best interest to allow
the Evaluation Committee to evaluate their proposal.
Q5. While the first portion of the RFP notes that a performance bond may be required, the special
conditions to the RFP do not specify that a bond is in fact required. Please confirm whether a
performance bond will be required and provide detailed requirements such as the amount of the
bond, alternate forms of financial assurance that may be accepted (like a letter of credit), etc.
A5. A performance bond is not required.
Q6. Please confirm the dimensions of the wall available for a mural and whether the CRA has a
preferred size for the mural itself. If the CRA does not know the dimensions, please provide as -
built drawings.
A6. It is the responsibility of the Proposer to verify the dimensions of the wall to ensure that the
dimensions of the mural proposed will be in compliance with all applicable rules and laws. The Omni
CRA will make provisions for Proposers and or their personnel to make an inspection of the site to
confirm the dimensions of the wall. Refer to A2 above for instructions on scheduling.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
AP/ppb
Cc: RFP File
Sincerely,
/4nie Perez, CPPO
Director of Procurement
Pa<,2e 2