Loading...
HomeMy WebLinkAboutmiami beach documentsTABLE OF CONTENTS I, OVERVIEW AND PROPOSAL PROCEDURES II. SCOPE OF SERVICES M. PROPOSAL FORMAT IV. EVALUATION/SELECTION PROCESS AND CRITERIA FOR EVALUATION V. GENERAL PROVISIONS VI. SPECIAL TERMS AND CONDITIONS VII. ATTACHMENTS VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY IX. LOBBYISTS ORDINANCE X. CONE OF SILENCE ORDINANCE XI. DEBARMENT ORDINANCE RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Paea 6-13 14-15 16 -17 18-19 20-21 22 23 24-33 34-37 38-41 42 - 50 Page 5 of 5 0 a SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONBACKGROUND The City of Miami Beach ("the City") is seeking Proposals from qualified Consultants to develop, implement and assist in executing a Job Order Contracting System. This system is necessary to enhance the current contracting operations. The main objective of the system would be to enable the City to rapidly engage contractors to perform construction and construction related services. Achieving timely and cost effective procurement of maintenance and construction services is one of the most difficult and challenging facility related tasks facing the City of Miami Beach. Complying with the standard procurement regulations required for traditional construction services contracts, combined with the necessary technical component of defining the requirements (i.e. architectural and engineering drawings and specifications) for bidding, makes it difficult to be responsive to facility users in a timely manner. The City's dynamic environment has created a need for facility managers to have a more responsive contracting technique for the accomplishment of maintenance, repair and minor construction projects. Constraints imposed by the existing supply, contracting and personnel systems limit the facility manager's ability to respond to urgent and time sensitive requirements. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: Pre -Proposal Conference Deadline for receipt of questions Deadline for receipt of proposals Evaluation committee meeting Commission acceptance of City Manager's Recommendation, Authorization to Enter Into Negotiations, and Contract Award August 9, 2001, 10:00 a.m. August 17, 2001, 5:00 p.m. August 24, 2001, 3:00 p.m. August 31, 2001 September 20, 2001 Contract negotiations and Contract September 20, 2001 through Execution September 28, 2001 Projected contract start date October 1, 2001 RFP NO. 49-00/01 CITY OF MIA►NII BEACH DATE: 07/24/01 Page 6 of 5 0 C. PROPOSAL SUBMISSION An original and ten (10) copies of complete proposal must be received by August 24, 2001 at 3:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer4 name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the Proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. PROPOSALS RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE -PROPOSAL CONFERENCE A pre -proposal conference has been scheduled as follows: Date: August 9, 2001 Time: 10:00 a.m. Place: City Hall First floor Conference Room 1700 Convention Center Drive Miami Beach, Florida. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as provided pursuant to Ordinance No. 99- 3564, the City ?Cone of Silence@Ordinance. Any such unauthorized contact may result in the disqualification of the Proposers submittal• Requests for additional information or clarifications must be made in writing to the Procurement Director, with copies to the City Clerk, no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any written addendum to this RFP. Proposers are required to acknowledge the number of addenda RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 7of50 received as part of their proposals. The Proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received F. PROPOSAL GUARANTY None required. G. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of 120 calendar days from the opening of proposals without a contract award Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. H. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re -advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any proposals received as a result of this RFP. I. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposer(s) and shall not be reimbursed by the City. • J. VENDOR APPLICATION The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this RFP, go to www.demandstar.com or call toll -free 1-800-711-1712, and request Document#493. Subscribing to DemandSiar by Onvia's bid notification system is not a requirement You will still be able to find bid information and download documents through the City's website (http://ci.miami-beach.fl.us). From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click on Bid Information and Bid Status, RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page B of 5 0 double click on Order (Actions Column), and double click on Download documents for a fee. You will be charged an administrative fee of $5.00 to download this document. It is the responsibility of the Proposer to inform DemandStar of any changes, such as new address, telephone number, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, at its sole and absolute discretion, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the Proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the Xf3ovemment in the Sunshine Law® M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require Proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the top -ranked Proposer, and if the City and the top -ranked Proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the second -ranked Proposer. This process may continue until a contract has been executed or all proposals have been rejected. No Proposer shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendations for proposal award by sending a formal protest letter to the Procurement Director, which letter must be received no later than five (5) calendar days after selection of the successful Proposer by the City Commission. The Procurement Director will notify the pmtester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after five (5) calendar days from proposal award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 9 of50 O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Q. Failure or refusal of a Proposer to execute a contract following award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City- vendor list. CONFLICT OF INTEREST All Proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 O%) percent or more in the Proposer or any of its affiliates. R. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their proposals, in the event of such non-compliance. S. PROPOSERS RESPONSIBILITY Before submitting proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and moons will not relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 10 of 5 0 T. RELATION OF CITY It is the intent of the parties hereto that the successful Proposer be legally considered to be an independent contractor and that neither the Proposer nor the Proposer* employees and agents shall, under any circumstances, be considered employees or agents of the City. U. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity , and may not transact business with any publib entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. V. CONE OF SILENCE You are hereby advised that this RFP is subject to the "Cone of Silence", in accordance with Ordinance No. 99-3164. From the time of advertising until the City Manager issues his recommendation, and said RFP is awarded, there is a prohibition on communication with the City's administrative staff The Ordinance does not apply to oral communications at pre -bid conferences, if held, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any City employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk Violation of these provisions by any particular Bidder or Proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said Bidder or Proposer void, and said Bidder or Proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one (1)year. W. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City* Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disq»alif cation from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 11 of 5 0 X. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the City, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. A "Vendor" is a person who transacts business with the City, or has been approved by the City Commission to transact business with the City, or is listed on the City Manager's approved vendor list. A fine of up to $500.00 shall be imposed on every person who violates this prohibition. Each act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a separate violation. All contributions received by a candidate in violation of this paragraph shall be forfeited to the City's general revenue fund. A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of twelve (12) months following the swearing in of the subject elected official fiom transacting business with the City. As of May 17, 2001, the following individuals have submitted Form DS-DE 9 (Appointment of Campaign Treasure and Designation of Campaign Depository for Candidates): David Dearer Nancy Liebman Elaine Bloom Jose Smith Bernie Navarro Saul Gross Julio Lora Daniel Pearson Richard Steinberg Spencer Eig Rony Curvelo Tony Brooks Jose (Jo) Asmundsson Stanley K. Shapiro Rev. Fermin Castanedas REP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 12 of 5 0 Please contact the City Clerk's Office at 305-673-7411, to determine if other candidates have been subsequently added to the list. Y. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 13 of50 SECTION II - SCOPE OF SERVICES Scope of Services. The City of Miami Beach ("the City") is seeking Proposals from qualified Consultants to develop, implement and assist in executing a Job Order Contracting System. This system is necessary to enhance the current contracting operations. The main objective of the system would be to enable the City to rapidly engage contractors to perform construction and construction related services. The minimum required scope of services is as follows: A. Document Preparation The Consultant must develop the full set of customized Job Order Contracting documentation including a City of Miami Beach specific Unit Price Book, Technical Specifications and the Contractual Terms and Conditions. (1). The City Unit Price Book shall contain no less than 100,000 individual construction tasks along with an associated unit price. Each unit price shall be developed based on the prevailing equipment, material and labor prices within the City's geographical region. The use of factors in localizing prices is not acceptable. (2) The Technical Specifications shall be developed in conjunction with the Unit Price Book and, where available, the City standards must be incorporated. (3) The contractual Terms and Conditions shall be developed in conjunction with the City's staff and shall include all appropriate contract language and fowls. B. Procurement Support. The JOC consultant must be capable of providing the City with complete technical and marketing support during the procurement phase. Qualified staff with extensive public sector procurement experience must provide this support. The JOC consultant will be required to organize and conduct pre bid meetings with the intending bidders as well as make presentations on behalf of the City with various business and contracting organizations. C. Systems. The JOC Consultant must provide to the City a comprehensive JOC management information and support system. This system must be compatible with the Windows operating system for personal computers. The JOC management information and support system must be capable of providing full project tracking, automated development of cost proposals and independent the City estimates, generation of all project documentation, providing a project scheduling capability, budget and cost control, and the generation of customized reports. The system must be capable of incorporating current the City forms and documentation.. RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 14 of 5 0 D. Training. Training is essential to ensuring that the JOC system functions properly. As part of the proposal, the consultant needs to consider the development of specialized training courses that would involve all parties utilizing the system. This may include: Procurement Staff Field Staff Engineers Clerical Administrative Staff and Contractors All aspects of the system are to be covered in the training. This must include but is not limited to the following: JOC Execution Implementation Procedures System Training Post Implementation Follow Up Refreshers as needed. All training is to be "Hands On" with functional use and individual performance as the objective. E. Technical Support. A major component of the proposed system should include the follow on technical support. Expectations would include assisting the City in execution procedures, troubleshooting, implementation, and continuous system monitoring. Technical support is considered to be an on -going management support for the operational system. RFP NO. 49-00/01 CITY OF MIAIVII BEACH DATE: 07/24/01 Page 15 of 5 0 SECTION III - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non -responsive. Non- responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below, and . provide documentation which demonstrates ability to satisfy all of the minimum qualification requirements. Proposals which do not contain such documentation may be deemed non- responsive. 3. Price Proposal Firms are requested to quote fees for the work they are proposing to perform. 4 Additive Alternates (OPTIONAL) 5. Acknowledgment of Addenda and Proposer Information forms (Section VIM 6. Any other document required by this RFP, such as a Questionnaire or Proposal Guaranty. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 16of50 0 B. MINIMUM REQUIREMENTS / QUALIFICATIONS: Previous Similar Projects: A list of a minimum often similar projects must be submitted Information should include: * Client Name, address, contact phone number. * Description of similar scope of services. * Month and Year the project was started and completed. 5. Training (IF APPLICABLE). RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 17 of50 SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendation on the following criteria: Criteria Weights 1. Consulting Experience 10 2. Experience Relative to the full Development and Implementation of Job Order Contracting Systems 40 3. Organization Structure/Staffing 10 4. Qualifications of Personnel 15 5. References 10 6. Fee Proposal 15 Total - All Criteria 100 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Managers recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager4 recomrnendation(s). The City Commission may reject City Manager4 recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 18 of 5 0 8. Negotiations between the selected proposer and the City Manager or designee take place to arrive at a contract If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top -ranked proposer if the negotiations with the top - ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. If the City Commission has so approved, the City Manager or designee after successful negotiations, will present a contract acceptable to the respective parties to the City Attomey's office for approval as to form and language, and then to the Mayor and City Clerk for signature after the selected proposer has done so. Note: By submitting a proposal, all Proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 19 of 5 0 SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub -contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys=fees, for personal; economic or bodily injury, wrongfiil death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of. service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set offuntil such time as the exact amount of damages due the City from the successful proposer is determined REP NO.49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 20of50 D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO. 49-00/01 CITY OF MAIM BEACH DATE: 07/24/01 Page 21 of 5 0 SECTION VI - SPECIAL TERMS AND CONDITIONS INSURANCE: Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City* Risk Management Department: Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder.and additional insured on policy. Automobile Liability. A policy including, but not limited to, automobile liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Selected Proposer or City, and shall name the City and the officers, agents and employees of said organizations as additional insured while acting within the scope of their duties but only as to work performed by the Selected Proposer under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Selected Proposer shall file and maintain certificates of all insurance policies with the City* Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. RFP NO. 49-00101 DATE: 07/24/01 CITY OF MIAMI BEACH Page22 of50 FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. SECTION VII - ATTACHMENTS 1. Miami Beach Lobbyist Ordinance No. 92-2785 (Division 3 Lobbyist) 2. Miami Beach Ordinance No. 99-6134, Prone of Silence Ordinance* (Division 4 Procurement) 3. Miami Beach Ordinance No. 2000-3234, AThe City4 Debarment Ordinance® (Division 5 Debarment) RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 23 of 50 0 SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 1. Proposer Information 2. Acknowledgment of Addenda 3. Fee Proposal Form 4. Declaration S. Questionnaire RFP NO. 49-00/01 CTIY OF MIASVII BEACH DATE: 07/24/01 Page 24of50 Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: PROPOSER INFORMATION It is understood and agreed by Proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 25of50 ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. Directions: Complete Part I or Part II, whichever applies. Part Y: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of Staff Date Proposer - Name Date Signature RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 26 of 50 PROPOSER'S NAM SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: RFP NO. 49-00/01 DATE: 07/24/01 PRICE PROPOSAL FORM CITY OF MIAMI BEACH Page 27of50 DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this day of , 2001. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number. RFP No. 34-00/01. RFP NO. 49-00/01 DATE: 07/24/01 SIGNATURE PRINTED NAME TITLE OF CORPORATION) CITY OF MIAMI BEACH Page28of50 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice -President's Name: Treasurer's Name: Members of Board of Directors: RFP NO. 49-00/01 DATE: 07/24/01 QUESTIONNAIRE CITY OF MIAMI BEACH Page 2 9 of S o a Questionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by Proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 3 0 of 5 0 • Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) RFP NO. 49-00/01 DATE: 07/24/01 CITY OF M[ANII BEACH Page 31 of 5 0 h, Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. (Use additional sheet if needed) RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 3 2 of 5 0 The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name. WITNESS: IF PARTNERSIBP: Signature Print Name of Firm Print Name Address By: General Partner WITNESS: IF CORPORATION: Print Name Signature Print Name of Corporation Print Name Address (CORPORATE SEAL) By: President Attest: Secretary RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 3 3 of 5 0 DIVISION 3. LOBBYISTS Sec.2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi -autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain' defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner, any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision -making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, ' ' 1, 2, 3-4-92; Ord. No. 92-2785, ' ' 1, 2, 6-17-92) Cross reference(s)--Definitions generally, ' 1-2. Sec.2-482. Registration. RFP NO. 49-00/01 CTTY OF MIAMI BEACH DATE: 07/24/01 Page 3 4 of 5 0 (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment The lobbyist has a continuing duty to supply infomiation and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the Lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of tlis section, registration of all lobbyists shall be required prior to October 1 of every even -numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration fonn filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to RFP NO.49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 3 5 of 5 0 register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ' 3, 3-4-92; Ord. No. 92-2785, ' 3, 6-17-92) Sec. 2-483. Exceptions to registration. (a) (b) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-48 ] , for the purpose of self -representation without compensation or reimbursement, whether direct, indirect or con1ingennt, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ' ' 4, 5, 3-4-92; Ord. No. 92-2785, ' ' 4, 5, 6-17-92) Sec. 2-484. Sign -in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign -in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ' 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ' 11.0045. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 36 of50 (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly pemiit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, ' 6, 3-4-92; Ord. No. 92-2785, ' 7, 6-17-92) RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 3 7 of 5 0 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the Mayor, City Commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. RFP NO. 49-00/01 DATE: 07/24/01 b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the Manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the Mayor and Members of the Commission and the City Manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or b) in the event of contracts for less than $25,000 when the city manager executes the contract. CITY OF MUM BEACH Page 3 8 of 5 0 (b) (3) Exceptions. The provisions of this ordinance shall not apply to: (a) oral communications at pre bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly noticed public meeting; (d) public presentations made to the city commissioners during any duly noticed public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission; or (f) communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents; or (g) city commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next Commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk The city cleric shall make copies available to any person upon request. Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's administrative staff including, but not limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid between the Mayor, City Commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attomey and his or her staff. (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the Manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the Mayor and Members of the Commission and the City Manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or b) in the event RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIANII BEACH Page 39of50 (c) of contracts for less than $25,000 when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or consultant (I) from making public presentations at duly noticed pre -bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information Emil the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider, consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in, Division 5, entitled "Debarment of Contractors from City Work; shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to • disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attomey's office or state attorneys office and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, 1, 1 -6-99) RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 4 0 of 0 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 2001, which is 10 days after adoption. PASSED and ADOPTED this day of , 2001. ATTEST: City Clerk RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Mayor Page 41 of 5 0 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors fiuzu City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page 42of50 a (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded„ or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent„ representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the Citys Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399. List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page43 of50 a (1) Compile and maintain a current consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. 8 The City's Procurement Office shall: (3) In accordance with internal retention procedures maintain records relating to each debarment; Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sureties. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIAMI BEACH Page44 of50 Section 2-401. Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. 8 City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay. or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by . a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403. Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 4 5 of 50 (b) contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. 8 A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (b) (1) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) (2) (3) Violation of the teens of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor, Violation of a City ordinance or administrative order which lists debarment as a potential Penalty; Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. RFA NO. 49-00/01 DATE: 07/24/01 CITY OF MIAM[ BEACH Page 46of50 Section 2-405.Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen -at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a persons or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause. and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee 8 Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, Qn behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliateq, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. RFP NO. 49-00/01 DATE: 07/24/01 CITY OF MIA11'II BEACH Page47 of50 (e) (0 Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based .on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinace, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) (i) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named afI]iates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail, return receipt requested or personal service, within ten (10) working days of the decision. All decisions of the Debannent Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. RFP NO. 49-00/01 CITY OF MIAMI BEACH DATE: 07/24/01 Page 4 8 of 5 0 Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(bX1) or (2): two (2) to five (5) years. (b) (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarmentdebarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non -appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article,,' or other appropriate word. RFP NO. 49-00/01 DATE. 07/24/01 CITY OF MIAMI BEACH Page 49of50 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February. 2000. RFP NO. 49-00/01 . CITY OF MIAMI BEACH DATE: 07/24/01 Page 5 0 of 5 0