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HomeMy WebLinkAboutR-94-0078� f , }g 2/17/94 94-- 78 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), DELEGATING CERTAIN COMPETITIVE BIDDING FUNCTIONS" BY AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF ARMED PRIVATE SECURITY SERVICES IN THE DOWNTOWN _ AREA; AUTHORIZING THE CITY MANAGER'S ESTABLISHMENT OF A SELECTION COMMITTEE TO EVALUATE SAID PROPOSALS AND TO REPORT SAID COMMITTEE'S FINDINGS TO THE CITY COMMISSION FOR ITS ACTION. WHEREAS, on June 7, 1989, pursuant to Resolution No. 89-548, the City Commission declared the Flagler/Core Area Security District to be a Special Improvement District for the provision of security services in accordance with applicable provisions of. ` Chapter 170, Florida Statutes, as amended; and WHEREAS, said Flagler/Core Area Security District has been deemed a`success in efforts toward stabilizing and improving the Flagler/Core retail area; and WHEREAS, on April 11, 1991, pursuant to Resolution No. 91-292, the City Commission, after a public hearing extended the term of the Flagler/Core Area Security District for an additional year; and t, 4 t a t WHEREAS, on April 30, 1992, pursuant to Resolution ,f<r No. 92-249, the City Commission, after a public hearing, extended the term of the Pl.agler/Core Area Security District for an h additional ninety (90) days; and WHEREAS, subsequent to said City Commission approval, property owners met and recommended extension of the Flagler/Core Area Security District for a period of one hundred ninety-two (192) days subject, and subsequent, to issuance of an RFP for armed private security services for the District; and WHEREAS, on July 9, 1992, pursuant to Resolution Nos. 92-471 and 92-473, the City Commission approved said District extension and issuance of said RFP; and WHEREAS, on September 24, 1992, pursuant to Resolution No. 92-576, the City Commission authorized a contract for armed private security services with the Wackenhut Corporation for the District through March 7, 1993; and WHEREAS, on February 25, 1993, pursuant to Resolution Nos. 93-127 and No. 93-128, the City Commission authorized extension of the District and the Wackenhut Contract for an additional year through March 7, 1994; and WHEREAS, it is the intention of the City Commission to reissue an RFP for armed private security services for the District; °4- 78 _2_ NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA,: j Section 1. The recitals and findings contained. in 'the' .Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Downtown Development Authority ("DDA") is hereby delegated and authorized to issue a Request For Proposals, t ("UP"), in substantially the attached form, for the provision of armed private security services in the Downtown area. s Section 3. The City Manager is hereby authorized to establish a Selection Committee which shall evaluate submitted bid proposals and report said Committee's findings to the City Commission for its action. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 17th day of February 1994. TEPHEN P. CLARK, MAYOR 94- '78 s 19 94 WED 1 6 : 42 DDA M I AM I P _ 02 i REQUEST FOR PROPOSALS ; SECURITY SERVICES FOR THE FLACLER/000H AREA SECURITY DISTRICT j I. INTRODUCTION The City of Miami ("CITY"), in cooperation with the HLami t Downtown' Development Authority ("DDA."),. is inviting ,proposals from Qualified armed private security guard services for the Downtown Miami Flagler/Core Area Security District (more { particularly described on "EXHIBIT 1", hereto, and referred to herein to the "DISTRICT"). This' Request For Proposals (RFP) is being issued by the DDA on behalf of the CITY; as per City Commission Resolution No. 94- ;.• passed` on-2/17/94. Proposa lis are due on or before 12 N`Mti Fr ids r March S-ee`cur.i.ty Services are to be provided for the period . commencing from dateof Contract signing and ending March 7, 1995. The total budget for said services shall not exceed 03150000. Local_yreferenc'e pay_be��,plied to those bidders whose,eximaLy i office located in the City Provided the bid amount _is _ofNMiami, isnot. more than 'ten percent (lOfie) in excess of the lowest' other resQonaive,bidders Upon evaluation of proposals by the Selection Cotamittce, recommendations will be presented to the City Commission for final selection of the Security Services Provider. j II. SCOPE` of SERVICES Proposals to be submitted by qualified Security Providers ("PROPO,SERS") shall include the following required minimal servicest A. The DISTRICT shall be patrolled between the hours of 6:00 PM and`600 AM, seven days a week, by armed individuals with the maximum power under law to make an arrest. B. Patrols may be undertaken by vehicle, bicycle, foot or combinations thereof. Co Patrol vehicles shall be individually manned. D. Clock-Statione shall- be located throughout the area and alternative routes shall be proposed. R. Reports shall be submitted to the CITY and the DDA by the Security Provider on a daily basis. F. A "single emergency phone number shall be eatablishod for contact with security personnel. C. Proposals &hall include man hours, number of guards, bottom Tine cost including benefits, backup personnel and detailed insurance coverage information. H. Proposals shall include proposed communication plans for coordination with the City of Miami Police Department. I.' Commitment- by Security Provider that personnel will be E permanently assigned to the DISTRICT and not subject to change without prior notification to the CITY. r 94-- 78 ;. �t } Fr= WAD 1IS 4:5 3D1)Ai MiAMY P 025 A11 proposals submitted in response to this RFP shall include the following background information) A. E44iidence of Competenncy,t Performance Record, Financial Report, Equipment Inventory, Management Capabilities and Contingency Capabilities B. Evidence of Personnel Ca abi,lities and Avaii�abiliry, Certification, Number of � Years Experiences Proof of Citizenship and/or Natiiralization, Background Record Checks and Language Capabilities C. Background Requirements of Security —Officers: Psychological Check, Past Employment and Personal References (Records Checks Police, Court, Criminal, Credit, Drivers License, Medical/Drug Test, FBI Fingerprint), Certification/Licenses, Personal Behavior and Abilities D. Propoced.Communicationa_Systems% quality and Capabilities of Communicaitione Systems (FCC Licensed Two -Way Radioe), Centralized Dispatching Services System Capabilities (,Capacity/Strength to Cover the Service Area, Selection of Appropriate Frequency, Maintenance/Repair Program, Guaranteed. gperation During Duty Hours, Backup Capabilities) B. SecurMit_�, Officer Trxining_�Pro rem ,,_Description: Basic Preparedness, Legalities, Professional Communications, Physical Security, Interpersonal Relations, Specialized Services, Course Administration F. Security �Of�fieer-Eguinnenti Weapons (Firearms, handcuffs, Nightstick And Communitations Items) G. Mena ement of Personnels Resumes/Experience of Management PersonnelProject Manager and Supervisors), Duties and Responsibilities of Management Personnel (Project Management and Supervisors) LII. SUBMISSION Of QUALIFICATIONS All PROPOSERS shall in their proposals also be required to submit the following for evaluation: A. Nacre of Company B. office Location(a) And Address(s) C. Background/Experience of the Company D. Personnel/Minority Participation E. Detailed Summary of Available Services F, Evidence of all requisite licenses and permits required for performance under this RFP. PROPOSERS must be fully licensed by the State of Florida, Metro Dade County and the CITY, as applicable, for provision of, at minimum, armed security personnel specified by the RFP. Copied of a standard Security Ouard License and a G (armed guard) i,icenae must be included with the proposal at the time of bid opening. -2- 94- 78 9--94 WED 1 6 ; 44 DDA M I AM I P . 04 t PROPOSERS or .their employees shall have nq record of pending lawsuits or criminal activities and shall not have conflicts of ` interest which may be of embarrassment to the CITY. The latter qualification may be satisfied by submission of I a notarized .,affidavit to thin effect with the proposal submissior►. IV. EVA14UATION Qualified -PROPOSERS shall make, at their expense, a-preeentat ion to the.Selecti:on Committee upon determination that the PROPOSERS are qualified to provide the requested services. PROPOSERS shall be evaluated according to the following criteria: A. Experience/Reputation of the Company B. Company'a.Comprehensiveness of Services C. Personnel/Minority Participation A. l;stimated Coat of Services It Complia nee with RFP V. PROPOSAL PACKAGE SUBMISSION The original plus 12'copies of the proposal shall be submitted in a sealed envelope. Only one proposal from an individual, firm, partnership, corporation or joint venture will be considered in response to this RFP. If it is found that a PROPOSER is interested in more than.one proposal, all proposals inwhichsuch PROPOSER Is interested will be rejected. On the face of the envelope, the responding company's name and business address shall appear in the upper left hand corner. Across the center of the envelope, the Words "RRQUZST FOR PROPOSALS -SECURITY SERVICES" shall appear. Prices, shall be, stated in both words and figures in the appropriate places in the proposal documents. In the event that 'thare is a discrepancy between the price written in words and the price written in`figures, the former shall govern. The�PROPOSER must si.Rn_,,, the If the PROPOSER is an _proposal. individual, the words "Sole Owner" aha11 appear after the signature. Ifthe PROPOSER is a partnership, the word "Partner" shall appear after the signature of the partners, If the YROPOSRR is a corporation, the signature required is the off icer(a), or individual(s) authorised by its bylaws or the Board of Directors, with the official corporate seal affixed thereto: -3- i !'IED- 9-94 W1527 i 6 . 44 DDA M I AM i P. 0!5 i. .. Proposal packages shall; be received by the DDA at their offices, One Biscayt►e Tower, Suite 1818, Miami, Florida, 33131, on or before 12_Noon, Fr ideyl`March_11Lw199�i� The. CITY and the DDA reserve the right to cancel this RPP before the opening of proposals, to waive any irregularity in any of the .,proposals and to reject any or all proposals and to re -advertise. Any, queatiane pertaining to this RFP may be directed to Matthew D.: Schwartz, Executive Director, DDA Miami, One Biscayne Tower, Suite 1818, telephone number (305)`579-6675. VI. SUPPLEMENTAL CONDITIONS, The CITY may, at its discretion, reject any and all, or parts of any and all, propossla3 re-advertiso this RVP1 postpone or cancel, at any fiitnQ, this RFP process; or waive any irregularities in this RFP or in the proposal packages received` aIF a result of this RVP. No conditional proposals shall be accepted.• The determination of the criteria and process whereby proposals are evaluatedt the decision as to whom shall receive a contract award, 'or whether or not an award shall ever be made as a result of this RFP,, shall be at the sole and absolute discretion of the CITY. In the event. that the CITY cannot negotiate a satisfactory contract with the top ranked company, or said company does not execute a contract with the CITY within 30 days of its selection, or, said company does not satisfy contracting requirements, the CITY may .give notice to said company of intent to negotiate a contract with the next most qualified company, and then the next, and so- on? or if it so chooses, call for new proposal packages. Said 30 day period shall be extended to include the time necessary to resolve formal bid protests fined relative to this RFP The submittal of a proposal by a company will be considered by the CITY as constituting an offer by that company to perform the required services. In no event will the CITY permit modifications to proposal packages after they have been submitted. The submission of a proposal package shall be taken as prima facie, evidence that the PROPOSER has familiarized itself with the contents and requirements of this RFP. -4- 94- 78 FEB-- 9-94 WED 1 Ea : 4!5 DDA M I AM I P. 06 The failure or omission by atly company to receive or examine this RFP shell in no way relieve the company of any obligation with respect to its proposal submission, or any term or condition of this RFP. he ensuing contract between the CITY and the selected company (''Contract" as to Agreement between CITY and related company and "Company" as to selected PROPOSER) shall be for a one year period for a total cost to the CITY of not more than Three hundred Sixteen Thousand Fifty -Bight Dollars ($316,058). At this discretion of the CITY and with agreement of the company, the contract may be extended for a mutually agreed upon period at a pro ratscoat equal to the initial contract peri.od's monthly pro rats cost. The CITY may cancel the ensuing contract with or without cause. after ,giving fifteen (15) prior days written notice to the company. Under the Florida Public Records Act (the "Act")(Chapter 119, F'la. Stat.), materials submitted by a company and the `CITY's and DDA's evaluations thereof are open to public inspection. Prospective PROPOSERS should take special note of the Act as it relates to any proprietary information that might be .included in their proposal_ package and specifically identify any information which may qualify for exemption under said act or other provisions of Ceneral raw. The company shall agree that there will be no discrimination as to race,.sexo religion, age, handicaps, color, creed, or national origin with regard to obligations, work and services performed under the terms of any contract ensuing from this RFP. Ordinance No. 10338, entitled the Minority and Women_ Business Affairs and Procurement Ordinance of the City of Miami. Florida. set�forth of awarding at least 51% of the CITY'e, total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis". A minority business. enterprise is defined as a business firm "in which at least 51% of said enterprise is owned by Blacks, Hispanics or Women whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women". To achieve the goal established by Ordinance No. 10538, participation in the providing goods and services to the CITY by minorities is being.encouraged in a number of Ways. All vendors doing business with the CITY are encouraged to -5- 94- 78 -T•171'f._r;}r.}TM+. 'Rc t>.:. ,'.'Y• .a Mxr• s..e .. .. ...:... .., .. ......... .... _ r F'EB- 9_S4 WED 1 6 : 46 DDA M •t AM I P. 0Ir o include the participation of minority firms in their proposals. In evaluating proposals for determination of award, minority participation shall be a factor. railure to adequately involve minority firms may be a basis for rejecting any and all propoeels Poasible ways to include minority participation aouid involve 1. Joint. venture. With minority firm(s). 2. Utilizing minority firm(a) as subcontractor(s). 3. Utilising minority firm(u) to supply goods and/or services. 4, su-ccessful implementation of well defined affirmative actions programs. 5. Other forms of minority participation if properly documented. Ordinance No._105_38_�is included�in_this,.Qacka�e as�EXHIBYT_2. !Minority business firms are encouraged, but not -required, to register. with the CITY prior to Submitting proposals. The -Minority/Women Business Office will provide the necessary forme and instructions upon request (telephone 575-5174). ALL, PROPOSERS ARE URGED TO SUBMIT PROPOSALS FOR ANY GOODS AND -.SERVICES THAT THEY ARE ABLE TO SUPPLY, REGARDLESS OF-ZiINORITY CLASSIFICATION. However, compliance with all requests for information regarding minority status or participation is required. PROPOSERS cooperation is greatly needed to aid the CITY in achieving its goal. PROPOSERS shall acknowledge that they have been furnished a_copy of City of Miami Ordinance No. 10032, the First. Source Hiring Ordinance attached hereto as EXHIBIT 3. The First Source Hiring Agreement hiring policy requires that as a condition precedent to entering into'a contract when such project is of a nature that creates new jobs, a First Source Hiring Agreement be negotiated between the company and the CITY's authorized representative if 'so applicable. Company shall comply with applicable provisions of Ordinance No. 10032, including any amendments thereto. PROPOSALS attention is directed to Section-18.56-1 of the City Code', reprinted below. In the event of protects, compliance to the'procedures described therein is mandatory. RESOLUTION ON PRETESTED SOLICITATIONS AND AWARDS (City Code ,Sect ian 18. S6-?) 1. R,_ght To,Protect-Any actual or prospective contractual party who feels- aggrieved in connection With the solicitation of sward -6- 94- 78 �F=33W 9—S 4 WED 1 6 : 41S DDA M I AM T 1 } or award of is contract may protect to the Chief Procurement Officer`, The protest shall be submitted in writing within fourteen (14) dsya'after such aggrieved party knows. or should have known the facts giving rise to the action complained of. 2. Authorit 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 a protest of an aggrieved actual or prospective contractual party concerning the solicitation or award of the contract in question. Provided, that in cases involving more than Four Thousand Five Hundred Dollars ($41500), the decision of the ChiefProcurement officer must be approved by the City Attorney and City Manager. The Chief Procurement Officer shall obtain the requisite approvals and communicate to the protesting contractual party; or alternatively, if the amount involved is greater than Four Thousand Five Hundred Dollars ($4,500), submit a decision to the City Commission within thirty (30) days after he receives the protest. 3. Compliance�With Time RE1uirements-Failure of an aggrieved party to. submit a -protest within the time provided in Subsection I. above, shall constitute a forfeiture of ouch party's right to complain and shall bar any legal action therefore by such party. failure by the City officials to comply with the. time requirements provided in Subsection 2. shall entitle th,e ' g88rieved party its option to bypass the provisions of this section' and to institute legal action immediately (Ordinance No. 9572,.5ections 1 and 2, adopted 2/10/83). The company shall be required to indemnify and save harmless the DDA and CITY from any and all claim*, liability, losses and causes of action which may arise out of the fulfillment of the ensuing contralct. The company shall pay any and all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the DDA and CITY when applicable and shall pay, all cost is. .and judgments which may ensue therefrom, except those - caused by the sole 'negligence of the DDA and CITY; officers and employees. Ito proposal packages shall be accepted from, nor vi.11 any contract be awarded to, any person or firm which has defaulted on any previous contract with the DDA or CITY. - The company awarded a contract pursuant to this RFP ("Contract") shall comply with all laws, ordinances and regulations applicable to the services contemplated herein and any violation of the sanio shall constitute a broach of said contract. the PROPOSERS are presumed to be familiar with all Federal, State -7- 04_ 78 f s� F'ED 94 WED 1 6 . 47 DDA M I AM I P @9 i and Local L$ws, Ordinances, Codes, rules and regulations that may in anyway affect services. The company shall furnish the DDA, Certificates of Insurance subject to review by the City of Miami Insurance Coordinator, which';must be in effect at the time of contract sward and remain in effect during the proposed contract period for the following' } minioium amounts e Workers Compensation for all employees of the company, as required by Florida Statute 440. Public Liability insurance (The DDA and the CITY shall be named as additional insureds with respect to this coverage). Bodily Injury Insurance of $5,000,000 for each occurrence and $,5,000,000 aggregate plus $5,000,000 excess coverage. pr' y.Damage Liability of $5,000,000 for each occurrence and $5000,000 aggregate. Personal InjuryCoverage (covering liability for, but not limited to, false arrest, false imprisonment, detention, libel and slander, malicious prosecution,' invasion of privacy, mental anguish, ahock, defamation of character, discrimination)_ of $5,000,000`combined single limit and $5,000,000 excess coverage. Automobile Liability Insurance (Updated and on file with the CITY throughout the life of the contract) on all owned, non -owned and hired vehicles used in connection with the work, in the amount of $1,000,000 combined single limit for bodily injury and property damage and $4,000,000 excess on all applicable coverages. All applicable policies may carry a deductible acceptable to the DAA and City of Miami's Riak Management Department. Certificates shall indicate no modification or change in insurance shall be made without thirty (30) days written advanced notice to the Certificate holder(s). The _.Company shall not enter into subcontracts, retain consultants, or assign, transfer, convey, sublet or otherwise disposo of the ensuing contract, or any of its right, title or interest herein, or its power to execute such contract to any r persons company or corporation without prior written consent of the CITY. The company must complete and submit an Affidavit Attesting To Bidder's Business Activities and Investments in South Africa An authorised representative of the company must identify whether the organisation has business activities or investments in South Airicap_must _list these if applicable and agree to terminate .•. these interests by not later than one week prior to the date of r the proposal submission. Failure to complete and submit the Affidavit may _render the proposal package non -responsive. The company shall be in compliance with applicable conflict of -8- 04- 78 9..-�4 WED 1`6 48 1)1)A M I AM I P to interest regulations of the _CITY, County and State and shall not tia al towed to contract with the CITY until such time se At is determined that said company in, in fact, in compliance and signs an affidavit certifying said compliance. ,. The CITY reserves the right to demand of the company a performance bond in an amount aufficienb to guarantee faithful performance:of the terms and conditions of the contract. A cash deposit with the CITY may also meet this requirement. a A11 contracts$ agreements and extensions or modifications thereto, emanating from thin RFP shall be subject to and contin8ent upon. the specific approval of the City Commission of the City of Miami, Florida. -9- a4_ 78 9 4 78 � }�'�FSi��#ip'fHtAi'e.w.a'at.al ti..t-,p.r.:: .,., ..,, . •, .., r ,:.,_.. •.. .. .... P. 1 2 9-94 WED 1 64 ]]xaa M I AM x R/W 1 I jr.Sn'f the i . i .t;. ltal I ru.1d; thence: North aird Northwosterly along the LaSterIy. R/W Llne► of the F.E.C. Railroad to its i,ntorcottion with tleo last R/w Lino of S.W. 1 Avenue; thence north alOn"y thea ceSt R/W Ling of S.N. 1 Avenue to it's intersection with the South R/W Line of Wost Flagler Street; I, thneaI aIOng ilhi, South RJW line of Nest rlagler Street to it's tntersectIon with the Southerly extension of the cost R/it L9ne of N.W. H9am1 Court; thence north along the east R/W Liner of N.tt. Miemt tovrt 8114 it's extrusion thereof, to the south R/W Lihe of NoW, 1Street; tljen+:p west along the south RJW Lino of Street t0 it'S inter -section wlth the southerly extenSion of -`:thr east R/W 1.1110 ut H.W. 1 Avenue; thence north along the .vast R/W Line of ti,K, 1 Aveime and 1t'S wALenston therrofto i 1 nterrsertion with the south RJW Line of N.SJ. 2 Street; thence+ eaast along 1he south R/W Linn of N.V. 2 Street and N.C. 2 St`rt+ot tothe H,t. corner or Said block 102 North, said corner also heinon the we -it R/W Line of Biscayne Boulevard, and also ht% i ng they Point of ntoUInnInq. COMPOSITE EXHIBIT J. i 94- '78 0 COMPOSITE EXHIBIT 1 94- 78 � �ED� gw-94 WED 1 S - 15`0 ._ f - D D A MIAMI ! ' , Can cc�' piru1118 claraav, 1410 point of lnacrsectioA p4bnq tAO p4tne �QBgtAettAo of Lila f411or�ing described pare#1 Ot` laAdj ahQnceof rust South along tho Northerly prolongation of the last side ind along tno East. side of tnq Miami Center PerKin'o• 44ra9e, - 1006 fe0tto the. South slot of said N/aMi Cen;er terKta4 Qaraoe; thOnCO WQf6 41049 tilt Sodtft std# of said rarKin9 Garage and its llaite.r y' . prolongation, 240+ tobla to In* Mesa flu tuna of b1so,1yno sovloverdl chonC(A sOutn atona said Melt R/u lint of Q% $Caynt Soul 0Yard,, •hd 1 is 3outnarly +extinifono to the R*i1therlX Bonk of %no Miami Ftivorp tnenco wbscerly along sold NQrthorlX 6-sink of tn• Mtam4 Rivor to vv. inter"otIon wtcm tht CoSt proport'v) I no of Lot 19# of tht Amendod Plas of fort bsllaf fork$ i440rdIA to cho Oiat titore0i", bs reaordod 1n tlat 49ok d# at p/8a Of of th• Publ1C kocordt of ftadv Countyt Florida; thence North along Giro Kart prop*rty lino of sold , to` 191 #Ad Its NortRsety Prolongation, to its jntorsoction with tho Noeth RIu line -of SjCo 3 Straatl tneoce Ease +long the Morin R/k Lino of .t, a Woot to its insersoction witn tat southtriX -qxtonsion of; .trio loot xiu tins of aiscayne boulavarQ, ahenq* continue .Cast along tat oxet*rly prglondarton of the Hvrtn itlK Line of "Sot. 3 6tr404 so its Inceravotion with tnn nortnerly pralbnpa,eton of the �i7<t siQt 4f vvis Miami Contor PorXing llarogee lard point Of ♦ntartovtion being the point of bvvinnin4. COMPOSITE EXHIBIT 1 94- 78 1' Taw, i CM [,I i r -- t. t I�lt3 'r! t[7 - i C� all c� I I An is ..wr ■ t � w � � is lli� II r if - #■ i II�IIf i ILl1� w � 1�c�' fAm writr-, Ili � ! t !� 1 •1 t � , �� ''� �`�,� ■ 1 1. �Fq ■ ,� ++ [ r 'tit*J ! Cyr • �� i f •• 94 Wes]) 1"6 51 IaDq M I AM I P. 1 T ORDIwCB No. 4.. AN ORDINANCE AMENDING CHAPTER 18, ENTITLED `rimANct .OF THC CODE or THE CITY OF KIAmi, },.. FLORIDA, AS AMENDED, BY'REDZFIHING THE TERM 'MINORITY AND "WOMEN-OW`NED'BUSINESS ENTERPRISE AND DEFINING THE TERM 'VENDOR` IN SECTION 18-601 REQUIRING IN SECTION 18-12 THAT THE ,GOAL OF AWARDING AT LZAST'FIPTY-ONE PERCENT (511) OF THE CITY'S TOTAL 'AHHUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES TO MINORITY/WOMEN SMALL BUSINESSES SB APPLIED TO ALI, CITY OF MIAMI BIDS AND CQNTRACTSI REVISING SECTION 19-7I TO PROVIDE THAT: ALL CITY or MIAMI INVITATIONS, 'REQUESTS AND/OR ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES, LETTERS -0F INTEREST AND/OR QUALIFICATION STATEMENTS CONTAIN THE APPROVED MINORITY/WOMEN SUSIN958 ENTERPRISE . (M/W88) PARTICIPATION REQUIREMENTS PURSUANT TO CITY OF MIAMI ORDINANCE NO. 10042 - MINORITY/WOMEN BUSINESS AFFAIRS AND, PROCUREMENT PROGRAM; REQUIRING THAT ALL RESULTING AWARD =AND/OR CONTRACT DOCUMENTS' CONTAIN THE REQUIRED COMPLIANCE FORMS RELATIVE THERETO) REVISING SECTION 18-7](5) TO _EXPAND UPON THE AFFIRliATI'6'E ACTION REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING SECTION 18-76 AUTHORIZING 'ADMINISTRATIVE DEPARTMENTS TO ESTABLISH THE REQUIRED ADMINISTRJhTIYC VKOCLDURES TO INSURE COMPLIANCI WITH THE CODE1 FURTHER, PROVIDING FOR RESOLUTION OF DISPUTES REGARDING WITHHELD PAYMNTS OF CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING SECTION 18-77 DESIGNATING THE DIRECTOR OF THE OFFICE Or M/MBE AFFAIRS AS THE CITY OFFICIAL RESPONSIBLE FOR ESTABLISHING .AND IMPLEMENTING M/W9E BID AND CONTRACT PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINDS, AND MONITORING AND REPORTING PROCEDURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 10062 dealing with Minorlty/Women, Business Affairs and Procurement established the annual goal of procuring/contracting fifty-one percent (511) with mLnority/women ` owned and managed business enterprlsesl and WHEREAS, Administrative Policy Manual 4-86 (APM 4.86), issued October _ 1, 1986, provides for the administrative iMplw"ntatian of Ordinance No. 100621 and WHEREAS, it has been determined that there is further need for legislative relief to obtain said goals, particularly as .it EXHIBIT 2 IOS3)F' 94-- 78 i i Vords and/or figures stricken through •hall be deleted. Underecored words and/or figures' @hall be added. The remaining provisions are now in ritget and r*main unchanged. Asterisks indicate omitted and ' Unchanged �atflifli . 94- 78 IL. D D A M YAM I it shall be mandatory for all City contract and/or procurement award documahte to contain th tolllowinge (S) A requirement that each bidder,eA- or yRndoY, submit along. with the bid or proposal an affirmative action plan (W). Any significant equity participants, joint venture part cipants, subcontractors, suppliers or other artier, to the bid or proposal shall also be requ red to submit such plans. The obiectivf Qua city In to reQ)jLrc, that �,(ddeLe tirevosera,, and yeadgra doing bcs,+,Haas fifth .s1+arte±n ac±ens �eianed tn' aes�e R,q�1i,,S,.A�?1S1t. ��petien: of �lecka s K�sganics and,,gQm� In th4�3,.hdr ng and �omotion aet�ylti�ae in vleW ,Qf L�Je obiact±vas t +N Section i. The following new Section 18-76 is added in its entiretyi "Sec. 18-76. Xdminiatrative proceduxes. The Departments of rinance, public Works and General Services Administration are authorised to establish the required administrative procedures to insure compliance with the provisions as set, forth herein. -3- *.U-5.1F 94- 78 FES— '9'4 WAD 14 S3 3a301a M I AM I t t... The finance Department is mandated to institute payment Procedures which -will insure,- in. those instancesin which the K/WSE bid or contract requirements result in contracts, subcontracts or joint Ventures for H/WBBd, that compensation provided pursuant.thereto shall be in the Iot7n of a check made payable to the primary contractor, bidder or proposer, .and (if appropriated jointly) to the minority/woman business enterprise subcontractor or joint venture partner in an amount not; to exceed the subcontracted or joint venture amount, based upon approved invoices submitted by the prime contractor, proposer or joint venture, to the City. In the event a dispute should arise as to the performanco or pxym*nt of the primary contractor or bidder/proposer or the M/NBS, under the terns and conditions of the City contract or procurement award document, compensation shall be withheld until such time as the dispute is resolved in accordance with the procedures set forth in this Chapter for resolving such disputes. All Administrative Directors shall amend their existing policies and procedures or to create such new ones as nay be required to insure and report on compliance with al aspects of this article. Section S. The following new Section 18-17 is added in its ` entiretye •Sec. 16-77. Designation of the Director of the office of Minority/Women Business %ffairX6 The. Director of the office of Minority/Women business Affairs is designated as the official responsible for establishing M/wBE bid And contract/award requirements, creating and implementing. compliance guidelines, monitoring compliance, resolving disputes, and reporting on all of the above to the City Manager.' Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. It any section, part of section, paragraph, Clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST PUDINC BY T12U ONLY this L" .IL_ day of � can►btr , ,,-, � 19...E PASSED AND ADOPTED ON SECOND AND 11JUL READING BY TITLE ONLY this 13th day of January A V1ER L. E , Mayor H1 I City Clerk 10153E 34-- 78 � Y $ i 6 :.`'s4 DD►� M 2 CAM I g�-r3 4 WED r I , PAEPJ►RtD J►?iD u►pROVtC sy e w 1 N A .1;. E J1 50 Assistant C1ty Attoxney ]1pPROVED AS 'T0 !'ORM AND CORK ME591 Cit Attorn� , LRR/pb/bss/K421 i j 1 i 4 i 9-94 WED 16 : 54 DI]A MIAMI P+ 22 J-B5-�8D ORDINANCE NO. 11 U Q 3 ` z AN ORDINANCE IMPLEMENTING THE "FIRST .SOURCE HIRING -AGREEMENT" AND SETTING AS A CONDITION PRECEDENT TO THE EXECUTION OF CONTRACTS < RESULTING IN THE CREATION OF NEW PERMANENT JOBS, THE SUCCESSFUL NEGOTIATION OF A "FIRST SOURCE HIRING AGREEHENT" BETWEEN THE PRIVATE ' INDUSTRY COUNCIL OF SOUTH. FLORIDA/SOUTH `. FLORIDA EMPLOYHENt AND TRAINING CONSORTIUM, AUTHORIZED REPRESENTATIVE OF THE CITY OF MIAMI, AND THE ORGANIZATION OR INDIVIDUAL RECEIVING SAID CONTRACT, UNLESS SUCH AN AGREEMENT IS FOUND TO BE INFEASIBLE BY THE CITY MANAGER, AND SUCH FINDING IS APPROVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, WITH THE PRIMARY BENEFICIARIES OF THIS AGREEMENT BEING THE PARTICIPANTS OF THE CITY OF MIAMI, TRAINING AND EMPLOYMENT PROGRAMS AND OTHER RESIDENTS OF THE 'CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City Commission has declared its intent "that public projects that are financed by public funds, CETA participants, who are eligible are to be given priority" (Motion 83-10t8, November 16, 1983), and; WHEREAS, the City Commission is desirous of supporting ' the concept of "First Source Hiring Agreement", which would give i priority employment to City of Miami training and employment participants i hiring situations resulting rrea .the support of public ,funds, from or through the City and/or speoiai privileges t granted by the City of Miami, and; WHEREAS, the City Commission passed a Resolution "establishing an advisory eammittee to recommend a "First Source i Hiring Agreement" policy for implementation by the City of,K ami and appointing certain individuals to serve on that oommlttse" (Resolution No. 84-898, July 31, 1984), and) WHEREAS, the City Commission of the City of Miami i wishes to assure continuing employment opportunities of residents I of the City or Kiami, and; WHEREAS, the authorized representative shall negotiate - the terms of the "First Source Hiring Agreements" on a project by EXHIBIT 3 94_, 78 P. 2 3 pro J,2Ct basiS With the recipient of Contracts for facill itias, services and/or grants ar.d loans from or through the City of a Miami, and; WHEREAS, those organizations and individuals receiving contracts for facilities; services and/or grants and loans from i or through the ;,its of Miami should participate in the "Firbt Source Miring Agreement" as it is in the best interest of sail ' parties and City of Hiami residents, and; 4. WHEREAS, for the purpose of this resolution, contracts } for facilities, services and/or grants and loans with the City of i Miami are defined in Section 2 of this Ordinance, and; WHEREAS, those organizations or individuals receiving the identified public funds, by the receipt, of contracts for facilities, services and/or grants and loans would be required, precedent to the execution of said contracts to enter. into negotiations with the authorized representative, as defined in Section 2. of the Ordinance, and to arrive at a "First Source Hiring Agreement" which is satisfactory to both parties, and; WHEREAS, the special duties and responsibilities of the authorized representative necessary to implement "First Sourte Hiring A ree�aants" are spelled out in the pproVisions of -a Rasolu Lion being considered for adoption by the City Commission on June 13, 19B5r and WHEREAS, a model "First Source Hiring Agreement" is attached herewith, for illustrative purposes only; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,, FLORIDA: Section i. That this Commission hereby approves. implementation of the "First Source Hiring Agreement" policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that errata new jobs, the successful rtegotiatlon of "First Source Hiring Agreements" between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the City Manager and such finding approved by the City Commission or the City of Miami at a public, hearing. i 1 0032 •• 94- 78 i W E 33 i b `3 5 33 ri A M i AM I P ^ 4 section 2. Definitions. For the purpose or the Ordinance, the following terms, phrases, words and their, derivations shall have the iG110v1Ag meanings: r A. Service Contracts -means contracts for the- procuresert of services by the City of Miami which include professional services. B. Faoilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the. ex tent they are financed through public money services or the use of publicly owned property. C. servicet includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. D. Grants and Loans means, without limitation, Urban Development -Action Grants (UDAG), Economic Development Agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and State grants administered by ' the City of Miami. E. Authorized Representative means the Private Industry council of South Florida/South Florida Employment and C Training Consortium, or its successor as local recipient of federal and State training and employment funds. Section 3• The authorized representative shall negotiate each "First Source Miring Agreement". Section 4. The primary beneficiaries of the "First Source Miring. Agreement" shall be participants of the City of it " - Miami training and employment programs, and other residents or the City of Miami. Section 5. All ordinances, or parts thereor, in confllot herewith are hereby repealed. Section 6. Should any part of or. provision of the Ordinance be declared by a court of competent jurisdiction to be . invalid, same shall not affect the validity of the Ordinance as a whole, 100�2' 94- 78 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM s , Th`e Honorable Mayor; and, t Membe,rs•';of :the -City,,Commission Page 2 f On February 25, 1993, the City Commission passed Resolutions No. 93-127' and"93=128 authoriizing `extension of the District' "and the•> WackenhutContract, respectively, through March 7, 1994. On January, 6, 1994, a Property Owners Meeting was scheduled to :.e,licit'comments from Districa_ Property .Ownersr A11, property, o.wner,s:with'in the District., presently being assessed-for..:security ;sand maintenance services, were,.notkfied.of the meeting.. -Included ;in .the:notification,was a:questionnaire to provide, all.,property owners with the opportunity to express their op.inions.;-,on` continuation of the District and private security services in.. lieu of, or in addition to, attending the meeting. As a result .. of p this rocess it was recommended that the District be extended for an additional year and that an RFP be issued for private.' aecurity services for':the District. It. is respectfully requested that the., Miami City Commission approve the attached Resolution authorizing the DDA to issue an �,i.:RF P f orL ,pri'vate .se,curity:. services for the District. :CHO/MDS/jt; • rt 94- 78