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HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: 7811 D333-CCOB-453E-9C24-3FBFFC107513 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: February 18, 2022 City Manager SUBJECT: Recommendation of Award for Request for Proposals ("RFP") No. 1364386 Federal Lobbying Services FROM: Annie Jerez, CPPO, Director REFERENCES: RFP No. 1364386 Procurement Department ENCLOSURES: Recommendation to Negotiate Memo Recommendation: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends approval for the award of a contract to the highest ranked responsive and responsible Proposer, whom the City successfully negotiated with, Becker & Poliakoff, P.A. ("Becker"), pursuant to Request for Proposals ("RFP") No. 1364386, Federal Lobbying Services. Background: On June 28, 2021, Procurement, on behalf of the City of Miami's ("City") Office of the City Manager ("OCM"), issued RFP No. 1364386 under full and open competition, to obtain proposals from experienced and qualified firms for the provision of Federal Lobbying Services. Proposers were required to meet all the minimum qualifications and other requirements established in the RFP, in order to be deemed qualified to provide the services. On July 29, 2021, six (6) Proposals were received in response to the RFP. Subsequently, the Proposals were reviewed by Procurement for responsiveness, and one (1) Proposal was deemed non -responsive for failing to provide information as required by the RFP. The Evaluation Committee ("Committee") met on November 17, 2021, to review and evaluate the proposals, however, the two (2) internal Committee members were unable to attend due to extenuating circumstances. The remaining three (3) Committee members voted unanimously to move forward with the evaluation of the Proposals. A discussion and evaluation of the Proposals occurred, and a consensus was reached by the Committee pursuant to the guidelines published in the RFP. The Committee decided not to hold oral presentations, as the Proposals did not require further clarification. Following evaluations, the Committee recommended that the City enter into negotiations with Becker, the highest -ranked responsive and responsible Proposer. Accordingly, the Negotiating Team met with Becker on February 9, 2022, to negotiate a contract. PR 22070 DocuSign Envelope ID: 7811 D333-CCOB-453E-9C24-3FBFFC107513 Due diligence was conducted to determine Becker's responsibility, including verifying corporate status, and that there were no performance or compliance issues, and no adverse findings related to the responsibility of Becker were found. Prior to negotiations, Procurement will further review the proposal submitted by the recommended Proposer. Fiscal Impact: Becker initially proposed to perform the services pursuant to this RFP for an annual fee of $90,000.00, which was twenty-five percent (25%) less than the amount proposed by the second and third ranked Proposers. Negotiations with Becker resulted in a savings of five percent (5%) from the originally proposed price, reducing Becker's annual compensation to $85,500.00 over the term of the contract, to include the renewal option. The term of the contract for Federal Lobbying Services is one (1) year with the option to renew for one (1) additional one (1) year period. Your signature below will indicate approval of this recommendation. APPROVED: L arl""v"fft February 23, 2022 1 10:45:06 EST Arthur Noriega V Date AP:cj cc: Melissa Fernandez-Stiers, Chief of Staff, OCM Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement Pablo A. Velez, Senior Assistant City Attorney PR 22070 Tau0 i ' iarni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Chief Procurement Officer City Manager February 23, 2022 All Responding Proposers (See Distribution List) SUBJECT: RFP 1364386, Federal Lobbying Services Dear Proposers: The Evaluation of the proposals tendered in response to the above cited solicitation has been completed. The City Manager has recommended award as shown within the enclosed document. This notice is provided in accordance with Section 1.20 of the solicitation, and Sections 18-74 of the City of Miami Code. Our provision of this notice also serves to confirm the lifting of the Cone of Silence from this procurement action as dictated by Section 18-74 (d) (2) of the City of Miami Code. We appreciate the participation of all proposers which responded to the subject action. If you have any questions, please contact me at 305-416-1924 or cjohnson@miamigov.com. Sincerely, saerdegyeAndelv Charles Johnson, III Senior Procurement Contracting Manager Distribution List: Becker & Polikoff, P.A. Akin Gump Strauss Hauer & Feld LLP GrayRobinson, P.A. King & Spalding LLP The Ferguson Group, LLC Ballard Partners, Inc. Enclosure: City Manager's Award Recommendation Memo c: City Clerk Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB T( CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Commissioners of the City of Miami Pygmy. uignea oy: ty. FROM: Arthur'Nonega V City Manager DATE: January 28, 2021 SUBJECT: Report of Evaluation Committee for Request for Proposals (RFP) No. 1364386, Federal Lobbying Services (Substitution) ENCLOSURES Evaluation Committee Report Honorable Mayor and Members of the City Commission: Pursuant to Financial Integrity Principle No. 12 of the City's Code, which states, "the recommendation(s) of the evaluation committee shall be provided to the Mayor and City Commission on all such solicitations prior to presentation to the City Commission for official action," attached please find for your review, a memo from the City Manager regarding the ranking order of proposing firms, for RFP 1364386, "Federal Lobbying Services," on behalf of the Office of the City Manager. AP: cj c. Melissa Fernandez-Stiers, Chief of Staff, Office of the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR22062 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager oocu Signed by. sa e FROM: Annie 1erez, CPPO Director/Chief Procurement Officer Procurement Department DATE: January 28, 2022 SUBJECT: Report of Evaluation Committee for Federal Lobbying Services REFERENCES: Request for Proposals (RFP) No. 1364386 ENCLOSURES: Report of Evaluation Committee for Federal Lobbying Services (Substitution) The Report of the Evaluation Committee for Federal Lobbying Services pursuant to RFP No. 1364386 is hereby being substituted with the attached. The purpose of the substitution is to correct scrivener's errors that consisted of duplicative words and the correction of the numbers listed as the maximum points available for Proposers' Technical Score and Compensation Score. For the record, these scrivener's errors had no effect upon the scoring or ranking of the proposals, as evidenced in the attached individual and composite score sheets. AP:cj cc: Melissa Fernandez-Stiers, Chief of Staff, Office of the City Manager Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement PR22055 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: January 28, 2022 City Manager ,—DocuSigned by: FROM: Il9h1l'3 8rez, CPPO, Director/Chief Procurement Officer Procurement Department Recommendation: SUBJECT: Report of Evaluation Committee for Federal Lobbying Services (SUBSTITUTION) REFERENCES: Request for Proposals (RFP) No. 1364386 Based on the findings below, the Department of Procurement ("Procurement") hereby requests approval to negotiate a contract with the highest ranked responsive and responsible Proposer, Becker & Poliakoff, P.A. ("Becker & Poliakoff"), pursuant to Request for Proposals ("RFP") No. 1364386, Section 2.19 of the Solicitation titled, Evaluation/Selection Process and Contract Award, for the provision of Federal Lobbying Services. Background: On June 28, 2021, Procurement, on behalf of the City of Miami's ("City") Office of the City Manager ("OCM"), issued RFP No. 1364386 under full and open competition, to obtain proposals from experienced and qualified firms for the provision of Federal Lobbying Services. On July 29, 2021, six (6) Proposals were received in response to the RFP. Proposers were required to meet all of the minimum qualification requirements established in the RFP, in order to be deemed qualified to provide said services. Subsequently, the Proposals were reviewed by Procurement for responsiveness, and one (1) Proposal was deemed non -responsive. The Evaluation Committee ("Committee") met on November 17, 2021. The two (2) internal Committee members were unable to attend due to extenuating circumstances. The remaining three (3) Committee members voted unanimously to move forward with the evaluation of the Proposals. A discussion and examination of the Proposals occurred, and a consensus was reached by the Committee pursuant to the guidelines published in the RFP. The evaluation criteria were given respective weights for a maximum of one hundred (100) points per Committee member. The final scores are listed below in order of ranking: Proposer Technical Score (max. 240) Compensation Score (max. 60) Total Combined Score (max. 300) 1 Becker & Poliakoff, P.A. 207 60 267 PR22055 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB 2 Akin Gump Strauss Hauer & Feld LLP 207 55 262 3 Ballard Partners, Inc. 203 55 258 4 GrayRobinson, P.A. 183 53 236 5 The Ferguson Group, LLC 181 51 232 The Committee decided not to hold oral presentations, as the Proposals did not require further clarification. Due diligence was conducted to determine Becker & Poliakoff's responsibility, including verifying corporate status, and that there were no performance or compliance issues, nor any adverse findings related to the responsibility of Becker. Prior to negotiations, Procurement will further review the Proposal submitted by the recommended Proposer. Negotiations: The Committee recommends that the City enter into negotiations with Becker & Poliakoff, the highest ranked Proposer. In the event the City and Becker & Poliakoff are unable to reach an agreement, negotiations with Becker & Poliakoff will be terminated and the City will enter into negotiations with the second highest -ranked Proposer. If negotiations fail with both the first and second -ranked proposers, the City will enter into negotiations with the third -ranked Proposer. If negotiations fail with the three (3) highest -ranked Proposers, the City will reject all proposals and will re -solicit for these services. The following individuals will participate in the negotiations: Charles Johnson, III, Sr. Procurement Contracting Manager, Procurement Donny Wolfe, Sr. Advisor to the City Manager Keith Carswell, Sr. Advisor to the City Manager Nikolas Pascual, Chief of Staff, Office of the Mayor Consensus Statement: The Committee recommends Becker & Poliakoff for the following primary reasons: 1) Becker & Poliakoff and its key personnel have the necessary relevant experience, qualifications, and past performance history to provide the services required in the RFP, at the level required by the City; and 2) Becker & Poliakoff submitted a comprehensive Proposal, which detailed how the services could be performed in a manner that will meet the City's needs. Although, Becker & Poliakoff's proposed compensation is $90,000.00 annually, which is within industry standards, and will be further negotiated in the best interest of the City. Copies of the score sheets for each committee member are attached, as well as the composite score sheet. APPROVED: &ttutr 0CF6C3730042A_. January 31, 2022 1 08:58:42 EST Arthur Noriega V Date AP:cj cc: Melissa Fernandez-Stiers, Chief of Staff, OCM PR22055 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement PR22055 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB TO: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager CuuuSiyried by: BE54:CC13C=.CL65... FROM: Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department Recommendation: DATE: December 7, 2021 SUBJECT: Report of Evaluation Committee for Federal Lobbying Services REFERENCES: Request for Proposals (RFP) No. 1364386 Based on the findinthe Department of Procurement ("Procurement") hereby requests approval to negotiate a • antra• the highest ranked responsive and responsible Proposer, Becker & Poliakoff, P.A. - 'oliakoff"), pursuant to Request for Proposals ("RFP") No. 1364386, Section 2.19 of the • n titled, Evaluation/Selection Process and Contract Award, for the provision of Federal Lob. • es. Background: On June 28, 2021, Procurement, on behalf "of th ity Miami's ("City") Office of the City Manager ("OCM"), issued RFP No. 1364386 under f an competition, to obtain proposals from experienced and qualified firms for the provision ed= - Lobbying Services. On July 29, 2021, six (6) Proposals were received in response to the ' , '. Pr • osers were required to meet all of the minimum qualification requirements established i h= F order to be deemed qualified to provide said services. Subsequently, the Proposa s w viewed by Procurement for responsiveness, and one (1) Proposal was deemed non -re The Evaluation Committee ("Committee") met on November Committee members were unable to attend due to extenuating three (3) Committee members voted unanimously to move forwar he two (2) internal es. The remaining e evaluation of the Proposals. A discussion and examination of the Proposals occurred, and a consensus was reached by the Committee pursuant to the guidelines published in the RFP. The evaluation criteria were given respective weights for a maximum of one hundred (100) points per Committee member. The final scores are listed below below in order of ranking: Proposer Technical Score (max. 255) Compensation Score (max. 45) Total Combined Score (max. 300) 1 Becker & Poliakoff, P.A. 207 60 267 2 Akin Gump Strauss Hauer & Feld LLP 207 55 262 3 Ballard Partners, Inc. 203 55 258 PR22039 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB 4 GrayRobinson, P.A. 183 53 236 5 The Ferguson Group, LLC 181 51 232 The Committee decided not to hold oral presentations, as the Proposals did not require further clarification. Due diligence was conducted to determine Becker & Poliakoff's responsibility, including verifying corporate status, and that there were no performance or compliance issues, nor any adverse findings related to the responsibility of Becker. Prior to negotiations, Procurement will further review the Proposal submitted by the recommended Proposer. Negotiations: The Committee recommends that the City enter into negotiations with Becker & Poliakoff, the highest ranked Proposer. In the event the City and Becker & Poliakoff are unable to reach an agreement, negotiation ith Becker & Poliakoff will be terminated and the City will enter into negotiations with this' second -ranked pro negotiations fail with will re -solicit for these se d highest -ranked Proposer. If negotiations fail with both the first and City will enter into negotiations with the third -ranked Proposer. If (3 ighest-ranked Proposers, the City will reject all proposals and The following individuals will the negotiations: Charles Johnson, III, Sr. Pro r en ontracting Manager, Procurement Donny Wolfe, Sr. Advisor to th ity ger Keith Carswell, Sr. Advisor to the Ma er Nikolas Pascual, Chief of Staff, Office or Consensus Statement: The Committee recommends Becker & Poliakoff for Poliakoff and its key personnel have the necessary relevant performance history to provide the services required in the and 2) Becker & Poliakoff submitted a comprehensive Propos could be performed in a manner that will meet the City's needs. primary reasons: 1) Becker & ce, qualifications, and past evel required by the City; ailed how the services Although, Becker & Poliakoff's proposed compensation is $90,000.Ofually, which is within industry standards, the compensation will be further negotiated in the best interest of the City. Copies of the score sheets for each committee member are attached, as well as the composite score sheet. py,tumDucuSiyned by: _ APPROVED: BEOCrbC„2oo42 AP:cj Arthur Noriega V December 21, 2021 1 09:31:17 EST Date cc: Melissa Fernandez-Stiers, Chief of Staff, OCM Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB COMPOSITE SCORES RFP 134386 Federal Lobbying Services EVALUATION OF PROPOSALS SELECTION PROPOSERS CRITERIA Maximum Points Per Member Maximum Total Points (3 members) Akin Gump Strauss Hauer & Feld LLP Ballard Partners, Inc. Becker & Poliakoff, P.A. The Ferguson Group, LLC GrayRobinson P.A. King & Spalding LLP Proposer's relevant experience, qualifications, and past performance 25 75 62 60 67 55 54 NON -RESPONSIVE Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 20 60 55 55 52 44 44 Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 105 90 88 88 82 85 TOTAL TECHNICAL POINTS 80 240 207 203 207 181 183 Compensation 20 60 55 55 60 51 53 TOTAL TECHNICAL and COMPENSATION POINTS (Technical & Price rows above) 100 300 262.0 258.0 267.0 232.0 236.0 RANKING n SIGNA7UR Chairperson Revi /wld By PRINT NAME() 11/17/2021 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB EVALUATION OF PROPOSALS RFP 1364386 Federal Lobbying Services Naomi Levi Garcia (City of Coral Gables) SELECTION PROPOSERS CRITERIA Maximum Points Akin Gump Strauss Hauer 8� Feld LLP Ballard Partners, Inc. Becker & Poliakoff,P.A. The Ferguson Group,LLC GrayRobinson, P.A. Proposers relevant experience, qualifications, and past performance 25 j ! �j I 2 ; 0 .' j CJ Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 20 �Q (. i / Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 q0 30 TOTAL TECHNICAL POINTS 80 0 0 10 0 0 Proposer's Proposed Compensation 20 r 9 ; r?� G g C zo TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 100 0 0 0 0 0 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB EVALUATION OF PROPOSALS RFP 1364386 Federal Lobbying Services Christopher Cantens (Florida Int'I. University) SELECTION PROPOSERS CRITERIA - Maximum Points Akin Gump Strauss Hauer & Feld LLP Ballard Partners, Inc. Becker & Poliakoff, P.A. The Ferguson Group, LLC GrayRobinson, P.A. Proposer's relevant experience, qualifications, and past performance 25 1 ID 'IC) .)-.O A 1 Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 20 l S 1 S l 10 10 Proposers approach to providing the services requested in the solicitation and ability to meet schedules 35 a 44; 2 % S. S- x e � ^e,. "". , .. t:.-"``&' . :;•s , ..- ' ss- y ,..M ., ., m,«. ^, . , ,, TOTAL TECHNICAL POINTS 80 0,( 0 0 0 Go 0 so 0 •. Proposer's Proposed Compensation 20 1 8 i 8 '21.0 ! ( 5 TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 100 0 21 0 1 0 ,b 0 C 0 DocuSign Envelope ID: 674FEB2C-D87E-4074-AC5A-10EC287E1 FCB EVALUATION OF PROPOSALS RFP 1364386 Federal Lobbying Services Ralph Rosado (Village of North Bay Village SELECTION PROPOSERS CRITERIA f Maximum Points Akin Gump Strauss Hauer & Feld LLP Ballard Partners, Inc. Becker & Poliakoff, P.A. The Ferguson Group, LLC GrayRobinson, P.A. Proposer's relevant experience, qualifications, and past 25 2 5 n 5 �s 24) Toperformance Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 20 I 710 I , I ,P Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 1- 3 0 3o 1 �® TOTAL TECHNICAL POINTS Proposer's Proposed Compensation TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 80 20 100 7 12 15 • o 0 ` g D Q� •�9 i * ec * 1 8 23 * / ' I O® 2 3 if � s * 2/23/22, 9:58 AM Detail by Entity Name DIVISION OF CORPORATIONS ' Vr �pQf A'r g-l'1 ufrku! Star© uj!lufi J R144,3itV Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation BECKER & POLIAKOFF, P.A. Filing Information Document Number 490721 FEI/EIN Number 59-1640708 Date Filed 12/22/1975 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 10/22/2020 Event Effective Date NONE Principal Address 1 EAST BROWARD BLVD #1800 FT LAUDERDALE, FL 33301 Changed: 10/22/2020 Mailing Address 1 EAST BROWARD BLVD #1800 FT LAUDERDALE, FL 33301 Changed: 10/22/2020 Registered Agent Name & Address LESSER, STEVEN B. 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Name Changed: 05/11/2001 Address Changed: 03/19/2015 Officer/Director Detail Name & Address Title TD LEVINE, ALLEN M https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=BECKER... 1/3 2/23/22, 9:58 AM 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Title PD ROSEN, GARY C 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Title SD LESSER, STEVEN B 1 East Broward Boulevard Suite 1800 FORT LAUDERDALE, FL 33301 Annual Reports Report Year Filed Date 2020 01/02/2020 2021 01/11/2021 2022 01/06/2022 Document Images 01/06/2022 -- ANNUAL REPORT 01/11/2021 -- ANNUAL REPORT 10/22/2020 -- Amended and Restated Articles 01/02/2020 -- ANNUAL REPORT 04/17/2019 -- ANNUAL REPORT 02/02/2018 -- ANNUAL REPORT 01/10/2017 -- ANNUAL REPORT 02/09/2016 -- ANNUAL REPORT 03/19/2015 -- ANNUAL REPORT 01/28/2014 -- AMENDED ANNUAL REPORT 01/27/2014 -- ANNUAL REPORT 01/24/2013 -- ANNUAL REPORT 02/16/2012 -- ANNUAL REPORT 01/07/2011 -- ANNUAL REPORT 09/15/2010 -- Amendment 02/03/2010 -- ANNUAL REPORT 04/21/2009 -- ANNUAL REPORT 05/16/2008 -- ANNUAL REPORT 02/25/2008 -- ANNUAL REPORT 04/09/2007 -- ANNUAL REPORT 04/17/2006 -- ANNUAL REPORT 03/25/2005 -- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=B ECKER... 2/3 2/23/22, 9:58 AM 01/28/2004 -- ANNUAL REPORT 03/10/2003 -- ANNUAL REPORT 05/13/2002 -- ANNUAL REPORT 05/11/2001 -- ANNUAL REPORT 01/27/2000 -- ANNUAL REPORT 02/20/1999 -- ANNUAL REPORT 01/29/1998 -- ANNUAL REPORT 01/28/1997 -- ANNUAL REPORT 01/31/1996 -- ANNUAL REPORT 01/31/1995 -- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=B ECKER... 3/3 RESPONSE TO REQUEST FOR PROPOSALS (RFP)1364386 FEDERAL LOBBYING SERVICES Prepared For: CITY OF MIAMI July 29, 2021 Becker heckerlawyers,com FEIN No. 59-1640708 Submitted bv: Omar Franco, Federal Lobbying Team Leader Clarence Williams, Co -Leader Amanda Wood, Team Member Anthony Bedell, Team Member Ellyn S. Bogdanoff, Local Liaison Jose Keichi Fuentes, Local Liaison 121 Alhambra Circle 10th Floor Coral Gables, FL 33134 305.262.4433 (o) 305.442.2232 (f) 1275 K Street, N.W. Suite 850 Washington, DC 20005 202.621.7122 (o) 202.330.5464 (f) RFP No. 1364386 Federal Lobbying Services For City of Miami, FL Becker TABLE OF CONTENTS 3. EXECUTIVE SUMMARY 1 4. PROPOSER 'S RELEVANT EXPERIENCE, QUALIFICATIONS AND PAST PERFORMANCE 3 5. RELEVANT EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL AND SUBCONTRACTORS PERFORMING SERVICES 28 6. PROPOSED APPROACH TO PROVIDING THE SERVICES REQUESTED HEREIN 40 7. COMPENSATION PROPOSAL 63 APPENDIX 64 - Signed Certification Statement - Acknowledgment of Addendum 1 - Local Business Tax Receipts www.beckerlawyers.com Florida I New Jersey I New York I Washington, D RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker 3. EXECUTIVE SUMMARY America's cities are on the front line providing services to residents and stimulating economic recovery in the unstable COVID-19 economy. Federal lobbying is more important than ever for municipalities advocating for long-term investments in infrastructure, resiliency, and economic development. As longtime residents and business leaders in Miami -Dade, and the City of Miami's state lobbying team, the entire Becker team takes great pride in the City of Miami's bold vision and proven leadership among communities nationwide. Becker's Federal lobbying team is ready to extend the excellent representation provided by our Tallahassee team in a seamless, integrated, and comprehensive manner. We look forward to strengthening the City's relationships with influential lawmakers, pursuing needed policy changes, and securing new funding sources to help the City rebound from the pandemic. Qualifications and Experience Becker & Poliakoff ("Becker or "the Firm") is a home-grown, multi -state law and lobbying firm with 130-plus lawyers, lobbyists, and professional staff (including many who live in the City). Firm members actively participate in local charitable, civic and professional organizations. Becker's Washington DC -based federal lobbying team includes veteran political professionals from Miami who worked for South Florida Members of Congress. Becker's local knowledge of Miami's unique needs combined with our bipartisan, diverse team of experienced DC lobbyists offers the City an unbeatable opportunity to leverage Hill and Administration relationships with personal knowledge, commitment, and energy. Becker is at 1275 K Street, N.W., Suite 850, Washington, DC. Lead lobbyist Omar Franco can be contacted at 202.731.3401 or 202.621.7122 or ofranco@beckerlawyers.com. No Learning Curve Representing local governments in Washington, DC is a specialty of the Becker lobbying team - there is no learning curve. Members of the lobbying team also worked in Tallahassee before becoming federal lobbyists. Their combined state/federal government experience offers the City the benefit of leveraging state and federal programs and funding. Becker lobbyists understand municipal issues and the uniquely public nature of representing local governments. Our clients include coastal communities such as Cape Coral and Sarasota County, large urban, diverse communities such as Hennepin County (Minneapolis), Minnesota, and Florida cities such as West Park and Davie. Local Presence We are local. Team members hold leadership positions in organizations such as the United Way of Miami, Miami -Dade Beacon Council, United Home Care, Greater Miami Chamber of Commerce, and others. Becker team members are up-to-date on the City's projects and priorities. We understand the resolve to make Miami climate -ready through the Miami Forever initiative. Miami's comprehensive approach to resiliency, including safety, modernization, wellness, quality of life, equity, and economic return, makes it a leader among its cities. Miami can be a model for other cities with enhanced visibility in Washington, DC. As locals, we intimately understand your 1 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker other priorities: affordable housing, public safety, water quality, infrastructure, parks, pedestrian safety, road construction, transportation improvements, specifically, how to access transportation and traffic funding through BUILD and other infrastructure grants. Additionally, we have specific expertise in smart growth, economic development, workforce training, housing, and homelessness. Technical Qualifications Team leader Omar Franco, a Miami -Dade native, has been lobbying for Florida's local governments since 2009 when he left his position as Chief of Staff for Representative Mario Diaz- Balart. Co -leader Clarence Williams, also from South Florida, served as Chief of Staff for former Miami Representative Kendrick Meek. Since 2011, Clarence has advocated for local governments such as West Park, North Miami, Brevard, Volusia counties, universities, and private -sector companies. Clarence also has expertise in Opportunity Zones. Summary of Work to be Performed We understand the RFP's "Scope of Work" and the importance of year-round legislative representation. We will create a collaborative process with the City's team to identify priorities, develop a strategic work plan, set milestones for accountability, and get the job done. We will create a seamless, two-way communications process to be prepared, nimble, and ready to take advantage of programmatic and funding opportunities. No drama. No excuses. In sum, Becker's active local presence, deep Florida roots, and extensive lobbying experience representing local governments in Washington, DC (and Tallahassee) provide a tangible advantage over traditional DC lobbying firms. Becker also distinguishes itself by including local liaisons who serve as the City' s state lobbyists. Attorney and former legislator Ellyn Bogdanoff and Miami resident Jose Fuentes are keenly aware of the City' s priorities and available for local meetings. We are ready to get to work for Miami! Added Value to the City of Miami Becker's State lobbying team demonstrated the firm's commitment and loyalty to the City when we continued advocating for Miami, even between contracts. That dedication is part of our ethos. Similarly, we provided a steady stream of Federal alerts regarding the CARES Act and funding opportunities during the pandemic even though the contract was exclusively for state lobbying. The enclosed proposal provides a Federal level government relations roadmap that will seamlessly complement our state lobbyists' advocacy for the City. Thank you for your consideration. We stand ready to provide vigorous representation. We would consider it a privilege to do so. Omar Franco, Becker, Lead Lobbyist ofranco@beckerlawyers.com; (202) 731-3402(p) Managing Director, Washington DC Office July 29, 2021 2 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker 4. PROPOSER'S RELEVANT EXPERIENCE, QUALIFICATIONS AND PAST PERFORMANCE 1. Describe the Proposer's experience and past performance, in general, and state the number of years that the Proposer has been in existence. Discuss the history and background of the organization, its owners/officers/principals, total number of employees and primary markets served. Becker celebrated its 48th year of serving clients in 2021. Founded in Miami -Dade, the firm includes 130 lawyers and lobbyists in offices throughout Florida and New York, New Jersey and Washington, DC. Becker employs 300+ people primarily serving the markets of Florida, New York, New Jersey, and those doing business with the Federal Government in Washington, DC. The remainder is administrative and support staff. Its shareholders own the firm. Officers of the firm include Managing Shareholder Gary Rosen (President), Steven Lesser (Secretary), and Allen Levine (Treasurer). Along with four other shareholders, they make up the firm's management committee. The management committee sets the strategic direction and oversees the management of the firm. The committee sets the tone for the firm' s culture of collaboration, inclusion, and innovation. Becker is committed to providing a safe, sustainable, and balanced work environment. The firm is considered one of Florida' s most prominent homegrown firms. Law firm rankings such as Chambers USA; Super Lawyers; Best Lawyers; Florida Trend' s Legal Elite consistently recognize Becker for professional excellence. All lawyers are in good standing with their state's bar association and our lobbyists are registered as appropriate. Government Law & Lobbying has been a core practice at Becker since the firm's founding in Miami in 1973. The majority of our lobbying clients are public entities such as cities and counties, non -profits, and educational institutions. Our Miami roots and ongoing leadership in community organizations such as the Greater Miami Chamber of Commerce, Miami -Dade Beacon Council, United Way Miami, and United Home Care make this representation personal for us. This is our hometown. We will take great pride in helping the City demonstrate its leadership in the halls of Congress and Washington, DC. 3 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becher Firm Organizational Chart Gary C. Rosen Managing Shareholder Management Committee Steven B. Lesser Allen M. Levine Yolanda Cash Jackson Joseph E. Adams Rosa de la Camara Kenneth S. Direktor Practice Groups Community Association Construction Law & Litigation Public, Private Partnerships (P3) Corporate Business Litigation Real Estate Trust & Estate Planning, Probate Government Law & Lobbying State Office Addresses Corporate Headquarters 1 East Broward Boulevard Suite 1800 Fort Lauderdale, FL 33301 954-987-7550 (o) 954-985-4176 (f) www.beckerlawyers.com Federal Department Heads Professional Development Human Resources Marketing Information Technology Financial Services Administration Local 4 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Washington, DC 1275 K Street, N.W., Suite 850 Washington, DC 20005 202-621-7122 (o) 202-330-5464 (f) Miami -Dade 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305-262-4433 (o) 305-442-2232 (f) The Washington, DC federal lobbying practice began in 2011 with Office Senior Director Omar Franco. A former Chief of Staff for Rep. Mario Diaz-Balart, ranking member of the all-important House Appropriations Transportation, Housing & Urban Development (THUD) subcommittee, Omar leads the DC office and will lead the City's federal lobbying team. The federal lobbying team includes an experienced, bipartisan, bicameral, diverse powerhouse team of former congressional and executive branch political appointees, along with former in- house corporate lobbyists. They use their collective knowledge of local, state, and federal government programs to represent dozens of cities, counties, universities, trade groups, private businesses, and a state port authority in the halls of Congress and with the Executive agencies. We are most proud of our long-standing clients, many of whom have been with us for 5+ years. Palm Beach County, Sarasota County, Collier County, City of Cape Coral, Town of Davie, and others have renewed our contract multiple times despite leadership changes and challenging economic times. Their confidence in our value reflects the Becker team's commitment to ongoing and consistent communication, tireless work ethic, and a consistent return on investment. Your Lobbying Team Becker has carefully cultivated its federal lobbying team's growth to ensure the firm's fundamental We are most proud of our long-standing clients, many commitment to diversity, of whom have been with us for 5+ years and have camaraderie, and excellence is renewed our contract multiple times. maintained as we grow and expand. The federal lobbying practice provides clients with the best of both worlds: a small boutique hands-on lobbying group with a large law firm's resources and power. City officials are welcome to use our DC office when visiting the nation's capital. 5 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker The Becker Lobbying Team The Becker team will use its combined 75+ years of lobbying experience, knowledge, relationships, and expertise to implement the City's federal priorities. Omar Franco and Clarence Williams will co -lead the Miami team. They will jointly handle client communication, overall strategic direction, and execution of the agreed -upon workplan. Anthony Bedell and Amanda Wood will assist them. Each member of the team has 15+ years of experience in politics, policymaking, and lobbying. Local liaisons and state lobbyists for the City, Ellyn Bogdanoff and Jose Fuentes, demonstrated the firm's lobbying prowess this past legislative session in Tallahassee. We are thrilled to see the Mayor post about our successes for the City. The City secured $6.2 million in state funding for priority projects, including pedestrian safety infrastructure improvements, neighborhood flood mitigation, and renovations to senior care facilities, meals programs and recreation for seniors. In addition, Ellyn helped draft and pass the Resilient Florida Trust fund that provides grants for cities for flood mitigation. The state and federal lobbying teams are excited to work together to provide Miami with a comprehensive government relations and lobbying program. MAYOROFMIAMI Posts mayorofmiami $1; Badia Senior Center $1.5M Goldclift Pines Neighborhhood / . Improvements $6.2 Million Path to Prosperity it?tle Havana Pedestrian Priority Zone 2. Describe Proposer's specific past performance and experience in relation to the services requested herein, to include service governmental representation and consulting. Discuss in detail Proposer's lobbying experience, including the use of any subconsultants and their role in any engagement(s) of Proposer. In 2021, cities are confronting complex challenges on several fronts. COVID-19 wreaked havoc on social services, businesses, hospitals, and city budgets. The 2020 election, at the federal level, changed the course of the role of government. Cities are in a solid position to resume their role providing services closest to the people. With the Administration's commitment to "Build Back Better" and the return to congressional earmarks in the House, now is the time for The City of Miami to be bold and innovative. Miami is at a pivotal juncture. It is well -positioned to demonstrate its leadership in resiliency, economic development, mobility, and smart growth. The city has already made significant investments through its Building Better Neighborhoods and Miami Forever programs in sea level rise and flood prevention, roadways, parks, and cultural facilities, public safety, and affordable housing. Federal support for these transformational priorities can extend and amplify their long- 6 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker term impact. The pandemic has exacerbated these needs, but the City's COVID-19 economic recovery effort, Miami Recovery, continues to improve community needs. Like Miami, diversity and inclusion are the hallmarks of the team's success. Our political, geographic, gender, and ethnic diversity opens doors to diverse lawmakers. It provides opportunities for the City to get to know decision -makers from all over the country in meaningful roles relating to City issues. The City of Miami can achieve its federal goals with the fresh perspective of a new lobbying team. A team that uses its diversity as a strategy to embrace federal lobbying's new realities and has the results to prove it. As Federal lobbyists, we have represented Palm Beach County since 2011; the Town of Davie since 2012; Sarasota County since 2014; Cape Coral since 2014; Collier County since 2015. These long-term client relationships with local governments are due to our consistent ability to use good judgment, take the initiative, and demonstrate our value, including return on investment through federal funding. The team already knows the issues, funding streams, and programs impacting city governments; knows the committee staff and elected leaders on the relevant committees and critical agency personnel at the relevant executive agencies. The team has worked in a coalition with allied organizations. The most recent example was with the League of Cities, Conference of Mayors, and National Association of Counties to support new statutory language prohibiting FEMA from denying the repayment of disaster -related expenses to local governments - a top priority for several local government clients. The Becker lobbying team is already knowledgeable about Miami's issues! Our local liaisons regularly work with elected officials and the manager's office and city departments such as Public Works and Police to stay on top of trends and needs. We know the pulse and cadence of Miami. Our federal lobbying team is ready to hit the ground running with new energy and enthusiasm to advocate for your funding and policy priorities. The team does not plan to use any subcontractors. Past Experience with Key Issues Resiliency: The impact of sea -level rise is not felt equally around the globe. Some locations experience more significant rise than others because of local terrain, local hydrological factors, and oceanic currents, among other regional factors. Unfortunately, many Florida communities located along There is no better proof of our team's effectiveness and coastlines are particularly vulnerable to success for local governments than the longevity of our sea -level rise, and Miami is ground many multi year public sector lobbying clients. zero. This incredibly detailed awareness of the hazard has led the city to positive planning and actions to mitigate the impact. Miami's early and sustained commitment 7 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker to seeking solutions can and should be highlighted to policymakers as often as possible. Federal infrastructure funds can be a good source for pilot programs and for matching existing mitigation efforts. We have assisted our coastal clients such as Collier County and Cape Coral on stormwater drainage infrastructure, roadway improvements, and capacity building of its water management system. The Becker team has also had great success elevating our clients' profiles through congressional testimony, site visits, and speaking engagements. The Becker team is ready to help Miami be the national role model for resiliency and combatting sea level rise with greater visibility and federal investments. Affordable Housing and Homelessness: Through community partnerships and the City's Affordable Housing Master Plan, Miami is working to transform affordable housing by increasing choice, opportunity, and quality of housing options and taking advantage of the region's development industries. In striving for stable affordable housing, public safety, infrastructure, parks, pedestrian safety, road construction, and transportation improvements are critical for overall success. We can assist the City with its support for the McKinney-Vento Homeless Grants program, which funds the Continuum of Care (CoC) and Emergency Solutions Grants (ESG). We can also help The City of Miami with The HOME Investment Partnerships (HOME) Program, which provides formula grants to provide decent, affordable housing for low-income people. In partnership with local nonprofit groups, regional consortiums fund a wide range of activities, including building and rehabilitating affordable housing for low-income people. Clarence Williams leads the team to support initiatives seeking to continue developing and further expanding opportunity zones in distressed communities. We can also assist with supporting the Low -Income Housing Tax Credit's expansion and the extension of the New Markets Tax Credits. On behalf of Palm Beach County, Omar Franco has worked with HUD to clarify its interpretation of the Fair Housing Amendments Act regarding sober houses in our communities. The joint statement by both the Department of Justice and HUD further explains the Fair Housing Amendments Act and its application to group homes, including sober homes. This clarification allows Palm Beach County to pass ordinances to protect the safety of the residents of these homes. Homeland Security & FEMA: Team members have done extensive work on Homeland Security and FEMA issues while working on Capitol Hill and now as lobbyists. FEMA is a lifeline to local governments during an emergency. It provides public assistance grants, which reimburse state and local governments that depend upon timely approval of this assistance for disaster -related costs, including repairs to damaged infrastructure, public services, and facilities, as well as cleanup and debris removal. These funds reimburse emergency services such as police, fire, and emergency management for extraordinary overtime pay expenses to protect and assist our residents during a disaster. 8 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Local governments depend on critical federal investments in public safety and fire services through FEMA's Assistance to Firefighters Grants, Fire Prevention & Safety, and the Staffing for Adequate Fire and Emergency Response programs. This funding is for critically needed resources to equip and train emergency personnel to recognized standards, increase staffing and training, enhance operations efficiencies, foster interoperability, and support community resilience. The Becker team has successfully secured grant funding for emergency equipment and training while advocating for increased funding levels for these programs. The Becker team scored a significant victory for Florida communities working with Members of the Florida Congressional delegation and allied organizations on language to restrict FEMA's ability to de -obligate funds many years after a disaster. FAA Reauthorization bill included new language that limited FEMA's ability to de -obligate funds. Previously, FEMA had a three-year statute of limitation on which it could recover payments made to a state or local government for disaster assistance. The three-year window started after the date of transmission of the final expenditure report for the disaster. The bill language changed the three-year window to begin once the Project Worksheets were transmitted instead of delayed waiting for the final expenditure report's completion. We were proud to collaborate with other communities and organizations to help our local government clients secure the win. Opportunity Zones: Opportunity Zones represent more than a simple tax break — they are a powerful vehicle for bringing economic growth to the City of Miami. Eligible Opportunity Zone businesses are more wide-ranging than in previous programs, including investments such as residential rental property businesses, excluded by earlier programs. The opportunity for creative visioning, industrial and entrepreneurial growth, and socially impactful development by the city in partnership with local community stakeholders and investors is robust. Co -lead lobbyist Clarence Williams is a subject matter expert about the Opportunity Zone program and advises several clients, including the State of Florida, through its official economic development agency, Enterprise Florida Inc. He also works with Volusia County and Daytona Beach Regional Airport to develop airport property in a designated opportunity zone into an innovation park best utilizing the surrounding assets and workforce. Highway, Intermodal, Bridges, Transit and Rail Issues and Funding: The Becker team has devoted considerable time and garnered much success working with the Department of Transportation on infrastructure issues, from highways and right-of-way funding to infrastructure investments at airports, ports, transit, and intermodal transportation like light freight -rail. 9 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker We know Miami supports federal funding of projects to facilitate mobility and enhance economic development. Investments in projects such as the City Trolley, electric vehicle usage and support, The Underline, enhanced roadways from the Miami Forever bond funds will be game -changers for the city, county, and the region. With our allies in Congress, USDOT, and specifically at the Federal Transit Administration (FTA), the Becker team will help identify and access little-known funding streams and create partnerships to assist with the City's transportation needs. Mobility has a direct nexus to economic growth. Specifically, we support legislative initiatives that would increase local government access to cost-effective funding and government -backed low - interest loans and private capital for priorities including transportation and related infrastructure. As an example of past success, team member Amanda Wood helped secure a $13 million US Department of Transportation (USDOT) TIGER Grant for transportation infrastructure for Collier County. The highly competitive grant was won on a re -application following a high-level debrief with USDOT and outreach from the entire delegation, including then -House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). Amanda also secured $9+ million in 2020 for Collier County to purchase new buses and rehabilitate its existing operations and maintenance building. We helped the County design a well - aligned project with the grant requirements and FTA's priorities and interests. We also engaged their Congressional delegation to offer support. In our first year of representation, the Becker team secured over $20 million from the U.S. Department of Transportation (USDOT) for the Virginia Port Authority, the largest Port infrastructure grant in the country in 2020. In addition, the team secured $2.1 million in federal highway funding and $83 million in New Starts funding in the FY22 budget for a total of $107.1 million. Opioid Funding: Prescription drug abuse and heroin use have taken a heartbreaking toll on too many Americans and their families while straining law enforcement and treatment programs. More Americans now die every year from drug overdoses than in motor vehicle crashes, and the majority of those overdoses involve prescription medications. On behalf of our county and municipal clients, we support federal efforts to ensure that health care professionals who prescribe opioids are professionally trained. We have worked hard to improve prescription drug abuse treatment and facilitate access to health benefits for treatment. The barriers 10 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker to medication -assisted treatment for opioid use disorders are now well -documented, with action plans and funding available to address these barriers. We will use our relationships with the HHS and, in particular the Substance Abuse and Mental Health Services Administration (SAMHSA), as well as the Bureau of Justice Assistance under the Depai intent of Justice Comprehensive Addiction and Recovery Act (CARA) to support the City's initiatives to combat drug abuse and addiction. We can help bring funding for education, awareness, and the necessary services to counter the epidemic of addiction and deaths related to the opioid crisis as we have done for our client, Palm Beach County, and others 3. Provide a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein, which the Proposer has either ongoing, or completed within the last two (2) years. The list should identify: 1. Client; 2. Description; 3. Dates covering the term of the contract; 4. Client contact person and phone number; and 5. Contract duration. Where possible, list and describe those projects performed for governmental clients. Town of Davie Contact: Leona Henry, Intergovernmental Affairs Manager 6591 Orange Drive Davie, FL 33314 P: (954) 797-1035; E: Leona_henry@davie-fl.gov Dates covering term of contract: 2012 — present Contract duration: ongoing Description of Work: The Town of Davie has approximately 105,000 residents and an annual budget of $235 million. Since we began advocating for the Town of Davie in 2012, we have identified numerous funding opportunities through federal agencies and various grant programs. We have reviewed past grant applications and identified some needed improvements. We have coordinated technical assistance training for Town staff to learn how to be more successful in applying for grants, including COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. We secured a U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) de -obligation appeal through the State associated with Hurricane Wilma of $1,190,691 for the Town of Davie. 11 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Palm Beach County Contact: Tod Bonlarron, Assistant County Administrator 301 N. Olive Avenue West Palm Beach, 33041 P: (561) 355-4019; E: tbonlarr@pbcgov.org Dates covering term of the contract: 2011 — present Contract duration: ongoing Description of Work: Omar Franco has led the Becker lobbying team' s representation of Palm Beach County since 2011. Palm Beach County is a large coastal county with urban, suburban and rural communities. Its population is 1.4 million people. The following priority issues were developed based on County priorities and the realities of the Federal budget and Congressional interest. A. One of the county's top priorities has been the proliferation of "Sober Homes" throughout the County. Omar worked tirelessly with the County to urge HUD to clarify the language within the Fair Housing Amendments Act ("the Act") and its application to sober homes. The courts have applied the Act inconsistently over the years and this has caused a great burden to be placed upon the states and local governments. Through Omar's work, the County has made strides with supported changes to federal rules. The joint statement put out by both the Depaitiuent of Justice and HUD clarifies the Fair Housing Amendments Act and its application to group homes, including sober homes. This clarification allows Palm Beach County to pass ordinances to protect the safety of the residents of these homes. Omar continues to work with HUD for additional clarifications sought by the County. B. In relation to the Sober Home issue, Palm Beach County promotes a comprehensive approach to tackle the County's issues with opioid addiction from recovery to health care to law enforcement. The Becker Lobbying team worked on the Comprehensive Addiction and Recovery Act and is helping the County navigate Congress' new proposals to combat the crisis. We are monitoring the administrative actions from the President's Commission on Combating Drug Addiction and the Opioid Crisis. Our team works for Palm Beach County to advocate for combat opioid addiction issues and monitor federal opioid-related issues. Palm Beach County is a national leader in its work to address the opioid crisis. We can bring our experience and network to help support the city's efforts to address this epidemic. C. To achieve both flexibility and an ongoing source of vital sand resources, Palm Beach County is working to gain passage of the Sand Acquisition, Nourishment and Development (SAND) Act (H.R. 833/ S. 279) introduced by Senators Marco Rubio and Rep. Lois Frankel. If passed, the SAND Act will repeal an archaic law that does not allow communities to buy sand from the Bahamas and other foreign countries to replenish 12 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker shorelines and will alleviate the high price of trucking in the sand. Unlikely to pass as standalone legislation, we would anticipate the next Water Resources Development Act as a vehicle for the inclusion of this provision. We are already working with Palm Beach County and others to support beach re -nourishment funding and efforts through the SAND Act. D. Palm Beach County supports the Comprehensive Everglades Restoration Project and the Herbert Hoover Dike. The failure of the Dike surrounding Lake Okeechobee could have severe effects on the surrounding region, including Palm Beach County. Palm Beach County supports actions by the federal government to expedite full rehabilitation of the Herbert Hoover Dike. Omar and the Becker lobbying team have been facilitating meetings and strategy sessions with influential Congressional staff and lawmakers to help secure Everglades Restoration funding for 16 counties around Lake Okeechobee. Our goal is to increase capacity for the Herbert Hoover Dike to limit discharge seen as contributing to the algae bloom devastating Florida beaches and waterways. The Becker team works hard to facilitate consensus and build coalitions around priority issues for its clients. Congressional Members and staff tell us how much they appreciate their cities and counties working together to support needed legislative changes. Hennepin County, MN Contact: Kareem Murphy, Dir. Intergovernmental Relations 300 S. Sixth Street, A2305 Government Center Minneapolis, MN 55487-0235 P:1612) 348-3233; kareem.murphy@hennepin.us; P: Dates covering the term of the contract: 2020 — present (under one year) Contract duration: ongoing Description of Work: Becker began representing Hennepin County, MN in late 2020 and hit the ground running on the County's priorities by collaborating with county officials to create its 2021 federal agenda. We are actively monitoring and providing analysis on the first 100 days of the Biden Administration. County priorities include the COVID-19 stimulus package and vaccine rollout; the Biden Administration immigration reform plan; the executive order allowing for 100% retroactive reimbursement of FEMA expenses; the recently introduced $1.5 trillion infrastructure package; and the executive orders addressing housing opportunity and equity. Please note we have included a recent written monthly report for Hennepin County in the Technical Approach section. The report demonstrates the team's quick start and comprehensive embrace of county issues. 13 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker A recent testimonial from Hennepin County Director of Intergovernmental Affairs, Kareem Murphy: "Thank you for all the work you did in helping to facilitate consideration and adoption of the county's 2021 federal platform, its presentation to congressional staff and the member meetings with our delegation. The virtual platform does present opportunities, but I do not discount the challenges and limitation. You helped us navigate that despite starting with us less than six months ago. Your hard work and generosity of time and spirit are very much appreciated by all of us here at Hennepin (including the hospital). IGR is navigating a complex legislative session with the only divided legislature in the nation. It requires significant focus and resourcing on our part. That you have been able to marshal what we need at the federal level helps us out a lot as we focus on state government through May." FL* ShotSpotter ShotSpotter Contact: Jack Pontious, Sales Director 7979 Gateway Blvd., #210 Newark, CA 94560 (202) 258-0141; jpontious@shotspotter.com Dates covering the term of the contract: 2013 — present (although Amanda Wood has represented them since 2005) Contract duration: ongoing Description of Work: ShotSpotter is a tool used by communities like Miami to detect and locate the origin of gunshots and weapons events accurately. Once a gunshot is detected, ShotSpotter calculates the position where the gun was fired and sends the data to a central server accessible by the Police Department. The result is a dispatcher or commander in a control center will be equipped with the exact location, the number of rounds fired, and the number of shooters involved. With more excellent knowledge of the situation' s severity and scope, first responders arrive at the scene faster. They are better prepared to protect their safety, attend to victims, and manage the crime scene more efficiently. ShotSpotter has also been responsible for producing countless arrests, decreasing police response time, increasing officer safety, pinpointing key forensic evidence, and saving numerous lives. For 15 years, Amanda has worked with communities that are interested in using this solution, assisting dozens of cities in securing federal funding for implementation from federal agencies, including the US Depailuients of Justice, Housing and Urban Development, and Homeland Security. Locally, we were pleased that Mayor Suarez spoke about the importance of using technology to help our police department reduce crime in the city. 14 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. W W.ry [iy RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker y 4'wiY:• w �„and.. Sarasota County Florida Sarasota County Contact: Rob Lewis, Governmental Relations 1660 Ringling Blvd. Sarasota, FL 34236 (941) 861-7271; rlewis@scgov.net Dates covering the term of the contract: 2014 - present Contract duration: ongoing Description of Work: Becker has been the lead federal lobbyist for Sarasota County since 2014. Sarasota is a large, primarily suburban county 60 miles south of Tampa with close to 400,000 permanent residents, plus thousands of year-round visitors. It includes 37 miles of coastline along the Gulf of Mexico and is well-known for its beautiful beaches, outdoor lifestyle and world -class art and culture. Accomplishments for Sarasota County include: • Secured expedited reconsideration and approval of athlete visas for World Rowing Championship; • Secured support for tax-exempt status of municipal bonds and succeeded in eliminating language in the final tax package that would have impacted bonding for the construction of professional sports stadiums; staff estimates $212,000 to be saved annually due to removal of this provision; • Advocated for post -hurricane relief, including on the issue of debris removal, and worked to advance enacted $133 billion in relief; also advanced Federal Emergency Management Agency (FEMA) project worksheet approvals, including Turtle Beach; • Engaged with the Army Corps of Engineers and Fish and Wildlife Services and leveraged the interest of the County's Congressional Delegation to expedite approval of federal permits required for local projects such as Snook Haven; • Established relationship and held planning calls with U.S. Department of Transportation and internally regarding TIGER projects and other potential funding applications; y Despite being slashed in the President's budget request, achieved full -level funding levels for both CDBG and HOME programs in the HUD budget; • Secured a legislative fix that will prevent FEMA from unreasonable de -obligation more than three years after the project close-out; this language has been included in the pending FEMA reauthorization bill; • Identify potential funding sources for local projects including neighborhood revitalization, transportation infrastructure, public transit and public safety needs and are available to assist with reviewing applications, building political support, building appropriate and effective grant budgets and narratives, and assisting with drawdown of funds; • Secured letters of support for pending grant applications as well as debriefs for those that were not successful; • Advocate for a National Flood Insurance Program (NFIP) reauthorization (currently 15 www.beckerlawyers.com Florida 1 New Jersey New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker operating under an extension) that can bring solvency to the NFIP without unduly burdening homeowners, businesses and taxpayers and ensure all property owners receive affordable flood insurance; • Assisted the County in ensuring that the "Waters of the U.S." regulations from the Environmental Protection Agency (EPA) and the Army Corps of Engineers were not applied in an unnecessarily broad manner. These regulations would have had a significant impact on Sarasota and we continue to work to ensure sensible regulation through the ongoing "repeal and replace" effort. 4. Provide a list of three (3) references for projects performed for governmental clients, at least one (1) of which for municipal government clients. 1. City of Cape Coral Contact: Terri Hall, Legislative Coordinator 1015 Cultural Park Boulevard Cape Coral, FL 33990 (239) 574-0446; thall@capecoral.net Dates covering term of contract: 2014 — present (state lobbying 2008-present) Contract duration: ongoing Role: Prime Contractor Description: Cape Coral is a coastal city in Lee County with a population of 184,000 and growing. The Becker lobbying team represents the City of Cape Coral for State and Federal lobbying. The federal lobbying contract began in 2014 after six -plus years of successfully representing the city in Tallahassee. Cape Coral provides residents with excellent customer service. The city is committed to staying on the leading edge of technology and innovation that can be used to improve services for its residents and dealing with the City's rapid growth. The Becker team has worked closely with the City's leadership to find creative ways to fund City priorities federally. For example, the city wanted to supplement its police budget to pursue technology and innovation funding. The city received close to $100,000 from the Paul Coverdell Forensic Science Improvement Grants Program for Cape Coral police department technology upgrades and certifications from the U.S. Depailuient of Justice working with Rep. Francis Rooney. In addition, the city received another almost $100,000 grant for the police department's forensic unit from the same program to acquire a latent expert workstation and extend the scope of the Department's forensic accreditation certification to include the discipline of latent prints. The team worked with the Federal Emergency Management Agency (FEMA) to successfully appeal the agency's denial of costs relating to FEMA's de -obligation of disaster recovery expenditures related to the hurricanes from over a decade ago. This issue led the Becker lobbying team to help spearhead the statutory change made to prohibit FEMA from denying the repayment of disaster related expenses to local governments. 16 www.beckerlawyers.com Florida I New Jersey New York I Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Testimonial from Terri Hall, who previously provided this reference for the lobbying team: "Over the years, I have worked with many of the firm's representatives. All of them are knowledgeable and dedicated to helping us with our federal and state legislative priorities. Our city is a pre platted city and has challenges that are different than other municipalities. Their firm has taken the time to visit our city, get to know our staff and citizens, learn about our challenges, and assist us in developing a successful legislative agenda. I am positive they will serve your organization well. Please feel free to contact me by phone or email if you need anything more specific." 2. Collier County, FL Contact: John Mullins, Government Affairs Manager Office of the County Manager 3299 Tamiami Trail E., Suite 202 Naples, FL 34112 P: (239) 252-2520; E: john.mullins@colliergov.net Dates covering term of contract: 2015 — present Contract Duration: ongoing Role: Prime Contractor Description: Collier County is Florida's largest county by land area. It is a coastal community of 373,000 residents with large suburban and rural areas and Big Cypress Natural Preserve. Amanda Wood began representing Collier County in 2005 after leaving her job as Legislative Director in the U.S. Senate. She retained the County as a client for Becker starting again in 2015. Each year, Amanda meets with County elected officials and key department heads for their federal update, review, and analysis. The goal for these annual meetings is to review the past year's successes and challenges and identify new opportunities for County priorities to be met through federal legislative, regulatory, permitting, and funding priorities. Once established and agreed upon, Amanda set forth a legislative agenda and game plan with goals, objectives, tasks, and timelines. In the last few years, Collier County's primary focus has been on transportation infrastructure funding, water quality and water infrastructure, disaster funding, beach erosion, and shore renourishment, FEMA reimbursements and stabilization of the national flood insurance program. Collier has achieved significant funding and legislative success including: • $13 million for U.S. Depaittnent of Transportation (USDOT) TIGER Grant through Transportation Infrastructure Finance & Innovation Act (TIFIA) for transportation infrastructure for Collier County; Highly competitive grant, won on a re -application following a high level debrief with USDOT and outreach from entire delegation including House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). Worked 17 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker closely with USDOT's Office of Intergovernmental Affairs to achieve a major win for Collier County. • Secured $9+ million for Collier County to purchase new buses and to rehabilitate its existing operations and maintenance building. We helped the County design a well aligned project with both the grant requirements and our knowledge of FTA's priorities and interests. We also engaged their Congressional delegation to weigh in with support, arming them with draft letters of support and talking points for outreach to USDOT leadership. Notably, we leveraged the support of House Transportation Appropriations Subcommittee Ranking Member Mario Diaz-Balart. • Worked with delegation to advance request of Army Corps of Engineers to secure successful inclusion of $3,000,000 in Corps FY18 supplemental work plan for Collier shore erosion project study. • Secured legislative fix that will prevent FEMA from unreasonable deobligation more than three years after the project close-out. The FAA Reauthorization bills signed into law protects local governments from FEMA denials for reimbursement for storm -related clean-up costs. Collier' s success is due to a well -developed legislative agenda for which the Becker lobbying team matches the County' s priorities with areas of interest from Congress and the Administration. The team provides extensive education of Congressional staff and timely visits and communications by Collier County officials to targeted influencers and decision -makers. The Becker team has organized and coordinated all aspects of the County' s outreach efforts with Federal decision - makers setting up appointments, preparing talking points, facilitating meetings, coordinating follow-up activities. Wost suth North L. „„„Miami *Beach North Miami Beach, FL a 3. City of North Miami Contact: Theresa Therilus, Esq., City Manager 776 NE 125 Street North Miami, FL 33161 P: 305.895.9888; E-Mail: ttherilus@northmiamifl.gov Date of Contract: 2017 - present Contract term: Ongoing Role: Prime contractor The Becker team is working closely with the City and the FAA on issues relating to the FAA's Next Generation transportation modernization plan, impacting flight paths over the city and worsening airplane noise. They have created a process to ensure city stakeholders have a seat at the table. Clarence Williams facilitates conversations between city leaders and FAA officials to find workable solutions for the city and its residents. The firm also assisted in the re -certification of the City for the National Flood Program Community Rating System. The CRS program provides flood insurance discounts for residents of community which take preventative measures to prevent flood and flood damage. North Miami was disqualified from the program for administrative reasons and we worked successfully to have their status reinstated. 18 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker In addition, the lobbying team worked with the City to develop incentives for Opportunity Zone projects through expedited permitting and zoning ordinances and advised the City about how to work with local developers and financiers for certain envisioned projects. The lobbying team also secured funding for Sister Cities International, a program that pairs U.S. cities with international partner cities to increase trade and educational exchanges. The City has also turned to the lobbying team to identify and secure federal funding for environment cleanup of City -owned property to lease for development. 5. Describe Proposer's knowledge of legislative, administrative and regulatory processes at the federal level. Becker's Federal Lobbying team has developed a niche practice representing local governments before Congress and the Executive Agencies. Our experience representing cities, counties, and other public entities provides team members with first-hand, in-depth knowledge of federally funded local government programs, budgets, funding formulas, operations, and priorities. Becker is a boutique lobbying practice that is small enough to be hands-on with all your issues but large enough to have the resources needed to cover hearings, meetings and participate in influential advocacy organizations. These characteristics distinguish us from other federal lobbyists who don't know Miami or its priority issues or delegation and those that are too big to provide personalized service. Each member of our lobbying team has a solid working knowledge of the legislative and executive processes and local governments' issues. Each team member has hands-on experience working on Capitol Hill or in the Executive Branch. For example, Omar Franco, Clarence Williams, and Amanda Wood all worked for members of the Florida Congressional delegation from Miami. Team member Anthony Bedell brings excellent experience from the Executive Branch. He most recently served as Deputy Assistant Secretary for Intergovernmental Affairs and Congressional Affairs at the U.S. Department of Transportation (DOT) under Secretary Elaine Chao. In those roles, he worked closely with municipal officials seeking federal funding and developed an in- depth understanding of transportation and infrastructure funding opportunities. He maintains close relationships with Transportation agency leaders and influential lawmakers on Capitol Hill. Anthony also worked at the Department of Labor and Small Business Administration. We are confident that no other firm has the Becker team's combined advantages: the team's extensive knowledge of municipal issues, first-hand experience specifically with Miami' s unique needs, decades -long relationships with Florida Members of Congress, and a proven track record of success for local governments in legislative, administrative and regulatory processes at the federal level. 19 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker 6. Describe Proposer's understanding of large urban areas, including its specific knowledge of the City of Miami. The Becker federal lobbying team is well -aware of the City's priorities and well -prepared to lobby for Miami due to our Tallahassee representation of the city combined with the firm's deep Miami roots and representation of other similarly sized communities. Our team has decades of experience and knowledge about issues impacting large urban areas. Lobbying team members worked for Miami Members of Congress for many years handling local issues before congressional committees. The team currently represents Palm Beach County, Hennepin County, MN, Volusia County, Davie, Miami Gardens, West Park, Broward Sheriffs Office, and other similar clients. Hennepin County is a large, diverse county with a population of 1.2 million, the largest in Minnesota. Its largest city, Minneapolis is a growing metropolis with increasing numbers of immigrants from all over the world. The Becker team hit the ground running, assisting with priority issues including COVID response, transportation funding, affordable housing, and specific sensitive guidance on the strategy and outreach related to federal support for costs associated with the Derek Chauvin trial and related events. We follow criminal justice reform discussions, public safety funding, and law enforcement recruitment and retention issues for the Broward Sheriff's Office. Understanding Urban Issues As proud Miamians and Floridians who are active in local, state, and federal policy issues, Becker team members volunteer with various organizations to help minimize long economic obstacles in urban communities. Team members are working to create sustained opportunities that result in greater participation in the workforce and economic prosperity for all. Team co -leader Clarence Williams represents Florida Memorial University, Bethune Cookman University, and Virginia Union University. The HBCUs are leading the way in creating opportunities for students in urban environments to become global citizens with all the opportunities for growth and success. Clarence supports their mission in diversity, equity, and inclusion in federal funding and financial support for professional and workforce training in growing industries. Opportunity zones are another area where the Becker team has been a leader on issues impacting urban communities. Clarence helped develop and implement Enterprise Florida' s statewide Opportunity Zone strategy and has guided local governments on financing, policy, and economic development strategies. Opportunity Zones help stimulate economic growth to communities that need it most but have not had investments needed to independently create jobs, incentivize business relocation, or increase the quality of life for their residents. Opportunity Zones create momentum in communities that need a boost in their economic recovery efforts, representing a vital new funding opportunity for cities and counties. Clarence and other Becker team members have educated scores of local government officials, non- profit organizations, developers, and investors on the development of investable projects. Clarence also advises on regulatory considerations related to Opportunity Funds for investors. He understands the issues surrounding complementary funding mechanisms, and he has hosted presentations to provide insights into the changing regulations and implementation strategies. 20 www.beckerlawyers.com Florida I New Jersey f New York I Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Other Becker team members bring added urban, Miami -specific knowledge to the team. For example, local liaison Jose K. Fuentes served on the Miami Dade College Board of Trustees for many years. Miami Dade College is one of the most diverse colleges in the country and takes pride in educating minority students who may be first -generation college students. Jose also holds leadership positions with the Greater Miami Chamber of Commerce, focusing on helping small local businesses be successful. During the pandemic, he used his intergovernmental skills and know-how to help Miami's small businesses remain open by assisting them to access federal government funding. Likewise, local liaison Ellyn Bogdanoff is very familiar with large urban areas. She served in the Florida Legislature, representing cities in Broward and Palm Beach. She also represents the American Flood Coalition which is at the forefront of advocating for solutions to flooding and sea -level rise facing many large urban communities. The Becker team demonstrates its knowledge and understanding of issues facing urban communities by creating Opportunity Zones, representing HBCUs focusing on workforce development, advocating for local government needs, and leading policy efforts supporting urban issues in the Florida Legislature local Chamber of Commerce. Knowledge of the City's Priorities — No Learning Curve We take pride in creating long-term close working relationships with our The Becker lobbying team has a significant head clients by customizing strategies to start advocating for Miami's federal priorities. meet the City's stated goals. We will work collaboratively with your team to develop the strategy, tactics, work plan, timeline, and communications plan for conveying our priorities to the various stakeholders in Washington, DC. The Becker lobbying team has a significant head start advocating for Miami's federal priorities. Lead lobbyist Omar Franco's role as Chief of Staff to Rep. Mario Diaz-Balart and co -lead lobbyist Clarence Williams' same role for former Congressman Kendrick Meek and Amanda Wood' s role as Legislative Director for former Florida Senator Bob Graham, provides deep insights, historical context, and local familiarity with Miami's critical issues. They already know your allies, champions, and detractors in the legislative process and career staff at the agencies relevant to Miami's issues. They have been working on these issues for most of their careers. There is no learning curve. We look forward to working with you to achieve favorable policy and funding outcomes with City priorities such as these and other new opportunities that we may bring to your attention: - Infrastructure o Stormwater Master Plan o Affordable housing funds and improvements o Flexibility in CDBG funding uses o Resiliency and matching funds for Miami Forever Bond - Traffic 21 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker o Smart City technology o Roadway improvements o Bicycle lanes o Airplane traffic o Miami Baywalk funding - Health & Public Safety o Police and Fire training, personnel and equipment funding o FEMA support and coordination - Parks & Cultural Facilities o Funds to support enhanced programming and facility upgrades o Technical assistance in support of Building Better Neighborhoods - Housing & Community Development o Addressing homelessness o Funds for building and rehabilitating affordable housing o Tax credits o Miami Recovery 7. Describe Proposer's experience lobbying at the federal level. Government Law & Lobbying has been a core practice for Becker since the firm's founding in 1973. The State lobbying practice began in the early 1990s. The Federal lobbying team and Washington, DC office started in 2011 with Omar Franco, Clarence Williams, and Amanda Wood. Today, our diverse, bipartisan Federal team includes ten experienced professionals representing local governments, technology companies, leading industry trade associations, small businesses, and universities. The team tirelessly advances its clients' policy and funding interests before the Congress and federal executive agencies by: • utilizing its close working relationships with Members of Congress and their staff; • staying up to date on legislative intelligence and insights to share with clients; • providing input and testimony before legislative policy and appropriations committees; • drafting legislation and legislative amendments; • preparing position papers and support letters; • working with likeminded organizations to build coalitions; • helping clients navigate the complex legislative process. A powerhouse team of former congressional and executive branch political appointees, along with former in-house corporate lobbyists, our lobbyists use their collective knowledge of local, state, and federal government programs to represent clients in the halls of Congress and with the Executive agencies. Each lobbyist on the proposed Miami team worked on Capitol Hill or in the 22 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Administration. We know the career and political staff in the agencies and Hill offices and the processes and procedures to navigate the bureaucracy. Political Intelligence The lobbying team is also active in political campaigns and will share current political intelligence and candidate information impacting the City. Political intelligence is vital year-round as issues, coalitions, and candidates are constantly changing. It is essential to keep your finger on the pulse of the political landscape. The team's 20+ years of experience navigating many election cycles plus long-term relationships with leaders in Washington, DC, Tallahassee, and statewide enables team members to represent clients in a rapidly changing political environment effectively. Omar Franco and Clarence Williams will co -lead the Miami federal lobbying team. They will jointly handle client communication, overall strategic direction, and execution of the agreed -upon agenda. Amanda Wood and Anthony Bedell will assist them. Each member of the team has 15+ years of experience in politics, policymaking, and lobbying. Omar Franco — Team Leader Omar Franco is a veteran lobbyist and former Chief of Staff to Florida delegation dean Rep. Mario Diaz-Balart (R-FL). Well-known for his strong connections to Hispanic Members and staff representing districts throughout the country, these connections provide access to a diverse and ever-increasing group of influential decision -makers on Capitol Hill. Omar previously worked in state government before moving to Washington, DC. He co-founded the Becker Federal lobbying team in 2011. His federal lobbying clients include a broad cross-section of local governments, Fortune 500 companies, small businesses, and trade association clients. Clarence Williams — Co -Team Leader Clarence is the previous Chief of Staff to former Miami Congressman Kendrick Meek. He served as the Congressman's chief policy advisor and strategist on all matters before the U.S. House of Representatives. He directly managed the Congressman's portfolio of issues relating to the Committees on Ways and Means, Armed Services, Homeland Security, and Budget. Clarence specialized in health care issues, armed services, taxation, energy, local government issues, education, and domestic and international trade. Since leaving Capitol Hill in 2011 and co- founding the Becker Federal lobbying practice, Mr. Williams has represented public sector clients such as Volusia and Hennepin counties and cities such as North Miami, West Park before Congress and the Administration. Amanda Wood Amanda is former Legislative Director to Florida Senator Bob Graham. Since leaving Capitol Hill in 2005, she has been lobbying for local governments. She is a coalition builder with natural allies such as other cities, organizations such as the League of Cities, and issues related to policy and funding (appropriations and agency grants) for justice and transportation, water quality and quantity, housing, health, and human services. Amanda is well-known for her expertise in identifying and successfully pursuing agency grant funds for clients such as Collier, Sarasota, and 23 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becher Hennepin counties, municipalities such as Davie and Cape Coral, and companies doing business with the government such as ShotSpotter and Hitachi. Anthony Bedell Former Deputy Assistant Secretary for Intergovernmental and Congressional Affairs at the US Department of Transportation (USDOT) will elevate the City's priority issues to top-level decision -makers on key House and Senate committees, including Appropriations, Transportation & Infrastructure, etc. He also previously served in the Department of Labor and Small Business Administration. Anthony will work with House and Senate Republicans on transportation and other issues and provide strategic guidance on funding from USDOT, FEMA, Army Corps, and other agencies. Anthony's high-level leadership role at USDOT provides insights into agency decision -making and future transportation opportunities. His clients include the Virginia Anthony Bedell (far Ieft), in his former role at USDOT, meeting with Miami Mayor Francis Suarez about City transportation priorities Port Authority, City of Virginia Beach, and Transurban, the road operator company that manages and develops urban toll road networks. Ellyn Bogdanoff — Local Liaison Ellyn is a former state legislator, having served in both the Florida House and Senate. She has an insider's perspective on legislative issues and maintains close ties to elected officials throughout Florida. She is very familiar with municipal issues and closely follows the City of Miami's issues, concerns, and goals as your state lobbyist. Jose K. Fuentes — Local Liaison A Miami resident, Jose has 30+ years of experience working in and representing local governments in Miami -Dade. He is active in local nonprofits and business organizations, providing valuable insights into community issues needing to be addressed by policy makers. He keeps his finger on the pulse of political, legislative, and policy matters impacting Miami as your state lobbyist 8. Describe Proposer's overall experience in lobbying on behalf of municipal governments. Becker has proudly represented municipalities locally before the Miami -Dade County Board of County Commissioners, in Tallahassee before the Florida Legislature and executive agencies, and in Washington, D.C. before Congress and the administration. For each of these clients, our goal is to assist municipal leaders with the coordination, development, and ultimately, the success of their 24 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker legislative program by providing the highest quality, ethical, professional, bi-partisan lobbying services. There is no better testament to our team' s success than our many longstanding local government lobbying clients. For each of these clients, we have been renewed several times despite difficult political circumstances, tough economic times, changing of the guard, and other complicating factors. Despite it all, the Becker lobbying team has remained. As federal lobbyists, we are most proud of our long-standing local government clients such as Palm Beach County (since 2011), Sarasota County (since 2014), Collier County (since 2015), City of Cape Coral (since 2014), Town of Davie (since 2011). Their confidence in our value reflects the Becker team's commitment to ongoing and consistent communication, tireless work ethic, and a consistent return on investment. Valued long-term client relationships depend on our ability to use good judgment, take the initiative, and ultimately demonstrate our value (return on investment) repeatedly. Through many years of municipal advocacy, the team knows the issues, funding streams, and programs impacting city governments. We always take the time to get to know the committee staff and elected leaders (from all over the country) on the relevant committees and critical agency personnel at the relevant executive agencies. We regularly work with like-minded organizations such as the League of Cities, Conference of Mayors to increase our client's profile in high -priority areas (e.g., sea -level rise) and advocate for federal funding of municipal programs. We routinely coordinate legislative agenda items and advocacy initiatives with other local governments to multiply the impact of our efforts. For example, on behalf of the City of Cape Coral and other municipal clients, we helped spearhead the passage of new statutory language prohibiting FEMA from denying the repayment of disaster -related expenses to local governments - a top priority for several local government clients. We "live" on the front line working to increase funding for local governments' top issues such as sustainability and shore protection, homelessness and affordable housing, water quality safety, and infrastructure innovation funding to reduce traffic congestion through new technologies and construction of enhanced roadways, among other issues. The Becker Advantage: 1) Diverse, professional, experienced DC -based lobbying team (from South Florida); 2) Extensive Capitol Hill legislative and lobbying experience and relationships with members and staff on key committees; 3) In-depth understanding and first-hand experience with federal programs and funding in your priority areas; 4) Relationships with decision -makers (both political and career) at federal agencies in your priority areas; 5) Specific knowledge of federal programs impacting cities (ex. CDBG, Medicaid, CHIP, 340B, DSH in the health care arena; ESG, CoC, PATH relating to homelessness); 6) Personal longtime relationships with the Florida Congressional Delegation 25 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker 7) Existing relationships with allied organizations, such as the National League of Cities, US Conference of Mayors, and others to create synergies with your priorities; 8) The resources of a large law firm to provide legal analysis and technical assistance; 9) Fully staffed DC -based lobbying team to cover hearings, coordinate communications, and meetings for City officials, provide written and verbal reports; 10) Proven track record of successful lobbying for city governments in DC. 9. Describe any other experiences related to the work or services described within Section 3.1, and any other information which may be specific to the required services to be provided. Simply put, local matters. The Becker lobbying team is engrained in Miami. DC -based FEW LOBBYING FIRMS KNOW HOW TO TAKE lobbying team members are from ADVANTAGE OF THE INTERPLAY BETWEEN STATE Miami and started their careers AND FEDERAL FUNDING LIKE THE BECKER here. Our local liaisons live locally and can be at City Hall at a TEAM. moment's notice to confer with the Mayor, City Commission, City Manager, City Attorney, and other City personnel as needed. Team members are engaged in the community's social, civic, and charitable endeavors, so there is no learning curve on the City's flooding issues, the City's housing affordability issues, or the City's traffic issues. There is also no learning curve for the Miami - Dade, South Florida, or entire state congressional delegation. The Becker lobbying team brings the added advantage of having our state lobbying team already representing the City. In fact, the state team continuously shared the federal team's legislative alerts and briefings relating to COVID -19 and the economic recovery legislation that endeavored to help local governments survive the pandemic. COVID-19 The COVID-19 crisis demonstrates why having a seamless, integrated state and federal lobbying team is so valuable. Becker's state lobbying team shared a constant stream of federal government news on everything from COVID relief, specifically the American Rescue Plan, and ways to identify additional funding opportunities that align with related city priorities. A sampling of Becker team member's subject lines from emails sent to the City Manager and other City leaders: Subject: Washington Update - Water Infrastructure Bill Pushed Back to July Subject: Supplemental Covid Funding for Fire Departments -- Grant Now Open Subject: Washington Update: April30th 26 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Subject: Tax Counseling Services Grant Subject: THUD Bill Subject: Status of Relief Bill Negotiations Subject: Specific Allocation Info for your Local Governments Subject: Status of Relief Bill Negotiations Subject: THUD Bill Subject: Tax Counseling Services Grant Subject: Washington Update: April 30th Subject: Supplemental Covid Funding for Fire Departments -- Grant Now Open Subject: Washington Update - Water Infrastructure Bill Pushed Back to July This small sample of substantive communications from the Becker team on Federal focused issues was especially notable since federal lobbying was outside of our engagement at the time. This level of commitment to our clients and the valuable federal insights gained during the crisis demonstrates our goal to help the city' s government relations efforts be successful, whether at the federal, state, or local level. The Becker team can provide seamless, comprehensive government relations to the City. A joint federal and state approach to government programs maximizes efficiencies and enhances potential future funding and flexibility. Such an integrated approach to federal -state relations will provide tangible benefits to the city. Lastly, the Becker team goes "above and beyond" to leverage its relationships to benefit the City of Miami. During the pandemic, the Becker team helped coordinate meetings, discussion and information sharing between the City and the business community through the Greater Miami Chamber of Commerce. These interactions helped public and private sector leaders and administrators stay on top of ever -changing rules and regulations and better understand each other's concerns. 27 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker 5. RELEVANT EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL AND SUBCONTRACTORS PERFORMING SERVICES 1. Identify and provide current resumes for all key personnel who will be assigned to work on this project. Describe the experience and qualifications relevant to the services requested in this Solicitation, including relevant experience on similar projects, of each such individual. Lobbying Team Resumes Demonstrating Experience and Qualifications Omar Franco Managing Director Washington, D.C. , P 202.621.7122 c7 202.731.3401 0 OFRANCD@beckerlawyers.com Role: Co -Lead lobbyist responsible for client communication, overall strategic direction, and execution of the agreed -upon work plan; primary liaison to City team and allied organizations; Focus on Executive Agencies, Florida delegation; Hispanic Caucus; House and Senate Appropriations; Resilience, Housing, Mental Health, Prescription Drug/Opioid prevention and treatment. Years of experience: 13 years of Federal lobbying; 5 years on Capitol Hill; 10 years in Florida Legislature Omar Franco is the Managing Director of Becker's Washington, DC office. He represents a broad cross-section of Fortune 500 companies, small businesses, public entities, and trade association clients, including, for example, ViacomCBS, Fox Corporation, Motion Picture Association, Florida Crystals Corporation, Univision, National Association of Hispanic Association of Real Estate Professionals, America's Small Business Development Centers, Eastern Shipbuilding Group, Gold Coast Florida Regional Center, A&J Capital, plus, the Florida counties of Sarasota, Palm Beach, and Collier, and the Florida municipalities of Coral Gables, Davie, South Miami, and Pinecrest, among others. Omar works with Hispanic organizations that promote diversity and a voice for Hispanics in Washington and throughout the country. He is the federal lobbyist for the Latino Coalition and is considered one of the most effective Hispanic federal lobbyists. He serves on the National Hispanic 28 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Advisory Council, providing input to the President and Executive branch on essential issues to the Hispanic community. Work History Omar Franco has served in government at the state and federal levels and has represented local governments and private entities in Washington, D.C. Starting in 1993, Mr. Franco served as a legislative aide to a bipartisan group of Florida state legislators. He lobbied for the Florida Medical Association and the University of Miami. In 2001, then -University of Miami President and former U.S. Representative Donna Shalala promoted him to Assistant Vice President of Governmental Relations, where he represented the university at both the federal and state levels of government and primarily worked on appropriations and health care issues. The University of Miami integrated with Miami Jackson Hospital, its safety net hospital, and the medical school. In 2003, Omar was named Chief of Staff for Congressman Mario Diaz-Balart (R-FL). He managed the Congressman's Washington D.C. and district operations. He closely counseled the Congressman in his areas of expertise, including federal appropriations, health care, transportation, higher education, and issues dealing with Hispanics. During his tenure, Omar was granted Top Secret security clearance by the U.S. Department of Defense and founded the Congressional Hispanic Conference and the Congressional Hispanic Leadership Institute. He returned to lobbying in 2009. He was the lead government relations consultant for the Miccosukee Tribe of Florida, Stratus Pharmaceuticals, Pacer Health, FalconTrust Air, Florida Gulf Coast University, Secure Wrap, Medica HealthCare Plans, the municipalities of Miami Lakes, and North Bay Village. He also worked on federal issues for CNL Financial Group, Vulcan, Inc., Charter Communications, and Frontier Communications. Omar founded Franco Government Relations in 2010. One year later, he founded the Washington, D.C. office for Becker and built a federal lobbying practice for the law and lobbying firm. Education &Training Florida State University, B.A. Lobbying Certificate Program (LCP), Association of Government Relations Professionals Organizational Involvement Congressional Hispanic Leadership Institute (CHLI), Board of Directors The Latino Coalition, Secretary of the Board of Directors League of Minority Voters, Board of Directors Association of Government Relations Professionals, Past Board of Directors Hispanic Lobbyist Association (HLA), Past Board of Directors, past President, former treasurer Congressional Chiefs of Staff Alumni Association Examples of Client Accomplishments ✓ Palm Beach County - Received clarification from the U.S. Department of Housing and Urban Development (HUD) concerning its interpretation of the Fair Housing Amendments Act regarding sober houses. The joint statement by both the Department of Justice and HUD clarifies the Fair Housing Amendments Act and its application to group homes, 29 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker including sober homes. This clarification from HUD allows Palm Beach County to pass ordinances to protect the safety of the residents of these homes -- a top priority for the County. ✓ Town of Davie - Secured a U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) de -obligation appeal through the state associated with Hurricane Wilma for $1,190,691 for the Town of Davie. ✓ Town of Davie - Identified numerous funding opportunities through federal agencies and various grant programs. We have reviewed past grant applications and identified some needed improvements. We coordinate technical assistance training for Town staff to learn how to be more successful in applying for grants, including COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. The Town renewed our one-year contract — another testament to our success for local government clients. ✓ North Bay Village, FL — Secured $475,000 for a Bus Facility Project within the new Municipal Public Safety Complex. Also, Omar worked with Rep. Debbie Wasserman Schultz's office to assist North Bay Village in receiving $4,655,000 from the American Recovery & Reinvestment Act for the Force Main project. ✓ North Bay Village, FL - For 42 years, wastewater from North Bay Village pumped through the same pipe traveling more than two miles to Miami Beach to be processed. This force main pipeline rested on the Biscayne Bay floor, exposed to hazards such as impacts from boats. Damage to the pipe accelerated by corrosion and age. This pipeline had caused six spill accidents and was causing continued environmental damage and health risks to North Bay Village and all the surrounding communities. Omar and other team members began working with North Bay Village to see if federal funding would be available for this project. Working closely with then -Senator Bill Nelson and Congresswoman Debbie Wasserman Schultz's office, we resubmitted the appropriations request. After several years of work, North Bay Village received notification that it had been awarded $4,655,012 to completely rehabilitate the existing 12,000 feet of 12-inch force main that crosses the Biscayne Bay. ✓ Miami Lakes, FL — Secured $570,000 Transportation -Housing and Urban Development (THUD) funding for vehicle procurement of two hybrid electric vehicles to provide trolleybus service. Omar and other team members worked with Congressman Mario Diaz- Balart's office to secure $570,000 in the Transportation -HUD bill for vehicle procurement of two hybrid electric vehicles to provide this trolleybus service. The Town sought to enhance its existing transportation program, specifically, the general circulator trolleybus service routes, to decrease traffic congestion and increasing economic development via mass transit development projects. The public circulator service improved with scheduled bus routes, bus shelters and benches, and upgrades to street signs, among other things. ✓ Transportation Security Administration (TSA) to promulgate new rules and regulations for the baggage wrapping industry in the United States. ✓ Eastern Shipbuilding Group - $500 million was included in the FY-18 Omnibus bill of the Homeland Security Appropriations for the Coast Guard's Offshore Patrol Cutter program, an increase of $400 million over FY-17 funding. ✓ Small Business Development Centers - Secured $130,000,000 — a $20,000,000 increase over the President' s proposed budget. 30 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miami, FL Becker Clarence Williams Senior Government Relations Consultant Washington, U.C. 202.621.7122 202.621.7264 CLWILLIAMS@beckerlawyers.com Role: Co -lead lobbyist provides client communication, overall strategic direction, and execution of the work plan; Primary focus on FEMA, Human Services, Army Corps, Health Care policy and funding; Florida delegation; House of Representatives; Appropriations; Agency policy and funding. Years of experience: 10 years of Federal lobbying; 8 years on Capitol Hill; Florida Legislature Clarence Williams represents and advocates for a wide range of clients before Congress and federal executive branch agencies. Clients rely on Clarence's policy and political acumen, gained over 15 years of public service in Washington, D.C., and a state capitol to help them take advantage of federal opportunities and navigate potential pitfalls in regulations, procurement, and legislation. His clients include local governments such as Brevard County, Volusia County, Miami Gardens, North Miami, West Park. He also represents Florida Memorial University, Bethune Cookman University, including its School of Public Health, University of Miami's Uhealth Tower Hospital, Florida International University, Westchester General Hospital, and Corona Pathology (a clinical laboratory), the Foundation for Sickle Cell Disease Research, among others. He takes advantage of his knowledge of state and federal government programs to help clients access and leverage government funding and unravel complicated program overlap. As an example, he was able to secure $1 million -plus in sequestered grant funds that were released during the government shut down for a capital project and negotiated $1 million -plus in funds from the State's Revolving Fund for a total of about $2.1 million secured for the City of Opa-Locka. A dynamic speaker who translates complex policy matters for all audiences, Clarence provides policy updates to clients on subjects including Opportunity Zones, health care, tax, government procurement, education, and general government process. Work History Clarence served as Chief of Staff for Congressman Kendrick B. Meek (D-FL). He served as the Congressman's chief policy advisor and strategist on all matters before the U.S. House of Representatives. He directly managed the Congressman's portfolio of issues relating to the Committees on Ways and Means, Armed Services, Homeland Security, and Budget. Clarence specialized in health care issues, armed services, taxation, energy, local government issues, education, and domestic and international trade. As lead staff for Congressman Meek on the Ways 31 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker & Means Committee and Health Subcommittee, he has hands-on experience with the development of the Affordable Care Act (ACA), including: • Worked to ensure that the Disproportionate Share Hospital (DSH) program continued with the expansion of Medicaid and that states maintained discretion to direct payments as necessary; • Limited taxation on Durable Medical Equipment (DME), and providing incentives for manufacturers to cut costs; • Structuring of the Accountable Care Organizations pilot program. Since leaving Capitol Hill in 2011, Mr. Williams has represented public and private sector clients before Congress and the Administration. He has succeeded in securing funding and making legislative and regulatory changes to fulfill his client's goals. He works especially closely with federal agencies including DOT, FAA, TSA, DHS, and members of the House Transportation, Science, Ways & Means, Energy & Commerce, Homeland Security and Armed Services Committees, and Senate Finance, Health, Education, Labor & Pensions (HELP), Commerce, Armed Services and Homeland Security Committees, plus House and Senate Appropriations Committees. Education & Training Florida State University, B.A. Organizational Involvement Congressional Black Caucus American League of Lobbyists Congressional Chiefs of Staff Alumni Association Examples of Client Accomplishments ✓ Assisted Bethune-Cookman University in obtaining an invitation to join an $86 million federal STEM research consortium sponsored by the United States Army, as well as a DOJ-sponsored research project to study behavioral aspects of domestic violence. ✓ Secured $5.1 million for client, Florida International University to create a Center of Excellence in joint partnership with the Depai intent of Defense, NASA, and NOAA for research in origami antennae. ✓ Assisted the City of Miami Gardens in obtaining $1.2 million through the Depai intent of Justice's COPS program to hire the city's first entirely residential police class. ✓ Leveraged federal -state relationships to orchestrate the release of over $1 million in sequestered grant funds for a capital project in Opa-Locka while simultaneously negotiating funds from the State Revolving Fund totaling just under $1 million for a related project in Opa-Locka. ✓ Worked with the Department of Transportation's Federal Aviation Administration (FAA) to maintain the Executive Airport's operation in Opa-Locka in the face of widespread contract tower closing. Opa-Locka was one of only 24 airports to remain open of the original 177 slated for closing. 32 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker ✓ Secured a $25 million authorization in the National Defense Authorization Act for client STS International Inc. ✓ Secured multi -year funding through the United States Air Force for Florida Memorial University's Aviation and Aerospace program ✓ Established working/advisory relationship between NASA's manned exploration divisions and client ACR Electronics on iridium -based communications networks ✓ Worked with program officials within the Department of Education and Congressional committee staff to provide the Depai intent with authority to modify eligibility requirements for an existing program with remaining funds from the previous budget year. In advocating for and obtaining the modification the Department wanted and our client needed, our team was able to assist client Florida Memorial University in receiving $12 million in capital funding from the program's remaining money ✓ Worked with the Department of Defense on logistics, IED technology, and securing their fuel fleet. ✓ Obtained $4.9 million from the United States Air Force for client Florida International University to create a Center of Excellence in Origami Antenna development. ✓ Assisted the University of Miami in partnering with the National Institute of Occupational Safety and Health through an MOU agreement to perform research related to firefighter cancers. Amanda L. Wood Senior Government Relations Consultant Washington, D.C. 202.621.7122 AWOOD@beckerlawyers.com Role: Appropriations; Senate committees; Public Safety, Transportation, Smart Cities; Agency Grant Funding Years of experience: 16 years of Federal lobbying; 8 years on Capitol Hill Amanda Wood has worked on and around Capitol Hill for over 20 years. She has extensive knowledge and relationships on Capitol Hill and in the Administration. She began lobbying in 2005 after serving on the staff of Senator Bob Graham for seven years and as his last Senate Legislative Director. Ms. Wood's experience working on Capitol Hill and representing local governments offers clients expertise on federal issues related to transportation, economic development, natural resources, disaster preparedness and recovery, water resources, science, technology, NASA, law enforcement, and social services. She has developed a specialty in accessing criminal justice equipment and law enforcement training funds through programs run by Justice, Homeland 33 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Security, and others. She has also had great success representing a long-time client, ShotSpotter, a technology used by local governments to precisely detect gunfire. Amanda represents a mix of public and private sector clients, including Sarasota and Collier counties, Cape Coral, FL, Davie, FL, ShotSpotter, Next Era Energy, NTT Data, Hitachi Vantara, and Genasys Corporation, among others. Ms. Wood develops and executes federal government relations strategies and guides clients through the federal funding process, including the House and Senate's budget and appropriations committees and federal grant opportunities. She has achieved success through strategic, direct communication with her clients and federal decision -makers and a comprehensive approach to researching community -specific federal funding opportunities. Amanda takes pride in helping clients communicate effectively with federal officials and identify and secure grant funding that fulfills local needs. Work History Amanda Wood served as Legislative Director to Senator Bob Graham (D-FL), responsible for developing and implementing the Senator's legislative agenda and strategy. While serving as the Senator's chief advisor on federal appropriations, Ms. Wood worked closely with representatives from various cities, counties, educational institutions, nonprofit organizations, and state agencies to advocate for projects ranging from infrastructure improvements to research and cultural projects. Since 2005, Amanda has represented city and county governments of various sizes, demographics, and economic conditions. She has been successful in securing federal funding through congressional appropriations and agency grant awards. Amanda enjoys working with clients to explain Federal opportunities, develop proactive strategies to secure funding, expedite federal approvals, and remove roadblocks. She presents regular updates to her clients regarding Congressional activities and political impacts on their policy priorities. Amanda and other team members have excellent working relationships with influential Members and staff on committees with jurisdiction over the city's priority issues. Some examples include House Appropriations Subcommittee on Energy & Water, which provides for the Army Corps projects with Congresswoman Debbie Wasserman Schultz, Lois Frankel. Rep. Wasserman Schultz also chairs the powerful Subcommittee on Military and Veterans Affairs spending. Rep. Mario Diaz-Balart serves as Ranking Member of the House Transportation and Housing Appropriations Subcommittee. Additionally, the team has excellent relationships on Transportation & Infrastructure authorizing committee with Representatives Frederica Wilson, Eddie Bernice Johnson, John Garamendi, and Rick Larsen. Similarly, on the Senate side, Amanda has worked closely with the Environment and Public Works Committee Members and staff since her time as Legislative Director for Senator Bob Graham, who served there for many years. Senator Rubio is a member of the all-important Appropriations 34 www.beckerlawyers.com Florida I New Jersey f New York I Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Committee, and the team has good working relationships with subcommittees with jurisdiction over the City's priority issues. Amanda continually works with the staff of Appropriations Chairman Patrick Leahy and Ranking Member Richard Shelby and subcommittee leadership to advance goals (funding and otherwise) through their annual "must -pass" bills will serve as critical vehicles for our efforts. Amanda has established direct relationships with influential Federal agency officials to guide funding levels, program decisions, advisory board appointments, and competitive award processes. Education & Training Georgetown University, B.S. Organizational Involvement Board member of the Latin American Youth Center in Washington, D.C. Member, Georgetown University Alumni Admissions Program. Amanda Wood's Accomplishments for local government clients: ✓ Secured a $13 million US Depaitinent of Transportation (USDOT) TIGER Grant for transportation infrastructure for Collier County. The Highly competitive grant was won on a re -application following a high-level debrief with USDOT and outreach from the entire delegation, including then -House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). The Becker team worked closely with USDOT's Office of Intergovernmental Affairs to achieve this significant win for Collier County. ✓ Secured $9+ million in 2020 for Collier County to purchase new buses and rehabilitate its existing operations and maintenance building. We helped the County design a well -aligned project with both the grant requirements and our knowledge of FTA's priorities and interests. We also engaged their Congressional delegation to weigh in with support, arming them with draft letters of support and talking points for outreach to USDOT leadership. Notably, we leveraged the support of House Transportation Appropriations Subcommittee Ranking Member Mario Diaz-Balart. ✓ Successfully gained passage of language creating the Water Infrastructure Financing and Innovation program (WIFIA) to address local government' s water infrastructure finance issues. This language created a finance mechanism modeled after the successful Transportation Infrastructure Finance and Innovations Authority and will provide access to lower -cost capital for investments in water infrastructure. WIFIA increased the availability of federal loans for water infrastructure investments by over $20 million, which would otherwise not be suitable for assistance through the existing Drinking Water and Clean Water State Revolving Fund (SRF) programs. ✓ Helped coordinate local government coalition with cities and counties to change federal law to limit FEMA's ability to de -obligate decade -old disaster recovery expenditures for clients, including Collier and Palm Beach counties, the City of Cape Coral, and the Town of Davie. ✓ Worked with the Federal Emergency Management Agency (FEMA) to reach a favorable determination on appeals of FEMA's de -obligation of disaster recovery expenditures 35 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker related to the hurricanes from over a decade City of Cape Coral, and the Town of Davie. ✓ Expedited U.S. Fish and Wildlife Service multiple coastal communities, advancing development. ✓ Assisted the City of Cape Coral in securing funding through the Paul Coverdell forensic science grant, which resulted in the award of $93,796 in competitive U.S. Department of Justice (DOJ) funds to the Cape Coral Police Department. ✓ Secured $2.4 million under the US Department of Homeland Security (DHS) SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to Firefighters Grant for the Town of Davie for new self-contained breathing apparatus (SCBA) and an air compressor cascade system for frontline fire engines and rescue units. ✓ Following the explosion and fire on BP's Deepwater Horizon in the summer of 2010, Amanda worked on Collier County and Gulf County's behalf to support legislation to compensate impacted counties and restore habitat. The RESTORE Act became law in 2012 and holds the parties responsible for the Gulf oil disaster accountable for restoring the Gulf. By investing fines owed by BP and the other parties responsible for the Gulf oil spill into the Gulf region, the RESTORE Act has provided significant financial resources to Florida counties. ✓ Over three fiscal years, Amanda assisted Collier County in securing $2.1 million in federal funding for transportation infrastructure to support improvements to two critical interchanges on I-75 at Everglades Boulevard and Collier Boulevard/SR 84. These improvements were critically needed to provide access to safe evacuations from storms and fires as significant growth continues in Collier County. ✓ Guided and advised public safety innovator ShotSpotter and its local government clients in securing over $10 million in federal funding to protect their communities through Gunshot Location System coverage. ✓ Secured support for tax-exempt status of municipal bonds and successfully eliminated language in the final tax package that would have impacted bonding to construct professional sports stadiums creating significant savings for local governments. ago for clients including Collier County, the and Army Corps of Engineers permits for critical habitat protection and economic Anthony Bedell Senior Corporate and Government Relations Director Washington, D.C. 202.621.7122 ABEDELL@beekerlawyers.com Role: Congressional Lobbying Only — House and Senate appropriations and policy committees; Strategic Guidance on Federal Programs Years of experience: 25 years of Federal lobbying; 7 years of federal government experience at USDOT and USDOL, and USSBA. 36 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Anthony Bedell is a Senior Corporate and Government Relations Director in Becker's Federal Lobbying Practice. His clients include the City of Virginia Beach, America's Small Business Development Centers, Virginia Port Authority, Hitachi, Transurban, Signal Restoration, Ross & Baruzzini, Gastonia, NC. He most recently served as the U.S. Department of Transportation Deputy Assistant Secretary for Congressional Affairs, the number two governmental affairs position in Secretary Elaine L. Chao's Office. He was initially appointed Deputy Assistant Secretary for Intergovernmental and Tribal Affairs in May 2017. Anthony helped bring significant transit projects to fruition when he was intergovernmental lead at USDOT. There were hundreds of similar projects where he played this role, but these are among the most significant and high -profile. As the liaison between local government and USDOT officials, Anthony facilitated high -priority projects to "yes" by handling everything needed from a policy, political, and strategy perspective with stakeholders and decision -makers. He toured all of the proposed local government projects. He understands the internal DOT process (no matter who is in the White House) and how to effectively present a project that will be well -received by DOT political and career staff members. Criteria and process will be the same even if policy parameters change. He knows how to pitch DOT by giving them the cover they need politically and substantively. Anthony worked with local elected officials and their staff and Congress to recommend the Secretary for a final decision. Examples include: • 2017 Maryland- Maryland Transit Authority $500 million for Purple Line BRT (bus rapid transit) • 2018 City of Los Angeles- L.A. Metro $1.3 billion Purple Line extension (Olympics) • 2018 City of Jacksonville FL.- Jacksonville Transit Authority $25 million BUILD grant award for an autonomous vehicle program • 2019 New York/New Jersey Transit Authority- Portal North Bridge (Gateway project) $250 million (engineering) • 2017/2019 City of Columbus OH- Smart Cities program grant $40 million Mr. Bedell was also a Department of Transportation representative for the Northeast Corridor Commission tasked with developing a formula to allocate capital and operating costs based on usage and facilitating collaborative planning. Prior, he was president of government relations firm Red Five Strategies and the director of federal and state government affairs for Intuit. In addition to U.S. Department of Transportation, Mr. Bedell has additional executive branch experience. He was appointed as a senior legislative officer by then -Labor Secretary Chao to handle legislative matters for the Department of Labor. He also served as associate administrator for the Office of Congressional and Legislative Affairs at the U.S. Small Business Administration as chief advisor on Congress and the executive branch's legislative matters. 37 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Projects of a Similar Nature ✓ Virginia Port Authority - Secured $20 million from US Department of Transportation (USDOT) for Virginia Port Authority, the largest Port infrastructure grant in the country in 2020. After years of trying, VPA achieved success with the Becker team's three- dimensional strategy: politics, policy, and impact. Becker also used regional economic data and support from a regional coalition of Members to make a winning case for the port. In addition, secured $2.1 million in federal highway funding and $83 million in New Starts funding in the FY22 budget for a total of $107.1 million in only the first contract year. ✓ NETT Council - Anthony was one of only four designees by Secretary Chao's office to sit on the Non -Traditional and Emerging Transportation Technology Council (NETT), an internal deliberative body created by then -Secretary Chao to review the latest technology in transportation to identify jurisdictional or regulatory obstacles and streamline processes. Through that experience, Anthony is knowledgeable about the latest innovations, their champions and detractors, and which division within USDOT had lead responsibility. The NETT Council provides an opportunity to elevate your visibility by showcasing the city as thought leaders on mass transit innovation. ✓ Smart Cities Challenge - Anthony assisted with the evaluation of the Smart Cities Challenge. He specifically worked with the ultimate winner, the City of Columbus. The city was recognized for implementing an integrated plan addressing challenges in residential, commercial, freight, and downtown districts using several new technologies, including connected infrastructure, electric vehicle charging infrastructure, an integrated data platform, autonomous vehicles, and more. They are working with others, including Austin, Denver, Kansas City, Pittsburgh, Portland, and San Francisco, to share best practices to help other cities across America replicate their successes. Smart Cities is a viable option for the City with Anthony's insights and guidance. Ellyn S. Bogdanoff Shareholder Ft. Lauderdale eJ 954.987.7550 • 954.364.6005 Additional Locations: West Palm Beach, Tallahassee e EBOGDANOFF@beckerlawyers.com Role: Local Liaison to the Federal Lobbying team; helps keeps federal lobbyists aware of current events, local issues, and news. Available for local meetings in Miami. Ellyn Bogdanoff is a shareholder in the firm's Government Law and Lobbying Practice Group. As a former State Senator and State Representative — she left the Florida Legislature in 2012 — Ellyn's knowledge of city issues will help the federal lobbying team stay up to date on city priorities and local dynamics. A lawyer and lobbyist, Ellyn has a deep understanding of public policy issues facing coastal cities and an extensive network of contacts to support the city's needs. 38 www.beckerlawyers.com Florida l New Jersey f New York l Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker During her tenure in the State Legislature, Ellyn served as the Majority Whip under then -House Speaker Marco Rubio. Additionally, she chaired both the House and Senate Finance & Tax Committees, gaining detailed insights into Florida's tax system. As Chair of the Joint Administrative Procedures Committee, Ellyn became an expert in the rule -making process. She also chaired the Criminal and Civil Justice Appropriations Committee when she served in the Senate. Ellyn gained a reputation for handling complex policy issues. Education & Training University of Florida, B.A. 1980, with honors and Nova Southeastern University, J.D., 2003. A Jose K. Fuentes Senior Government Relations Consultant AMIE Miami 305.262.4433 JFUENTES@beckerlawyers.com Local liaison Jose Keichi Fuentes has a strong network of contacts and over 30 years of experience working in the government and the political arena. He is a government relations professional representing local government, other public bodies, and private sector clients in environmental, safety, infrastructure, and water resources at the state and local levels. Public service drives Jose's commitment to Miami, as evidenced by his community, civic, and volunteer work. He is Chairman of the Board for United Home Care Services and serves on the Board of United Way Miami. He recently served on the Board of Trustees and was elected Vice - Chair of Miami Dade College, the largest and most diverse college in the nation. He has served on the executive board of the Chamber of Commerce. He served as Chairman of the Governmental Affairs Group, where he played a crucial role in engaging the Chamber to support the High -Speed Rail and Miami's Port Tunnel Project and numerous other legislative issues impacting South Florida. A resident of Miami, Jose has volunteered for 20+ years with Sister Cities and a member of the Mayor's International Council. He also chaired the city's Waterfront Advisory Board and has served on the Executive Committee of the Miami -Dade County Republican Party. 2. Provide a current resume of each Sub -Consultant who will work on this project. Proposer shall identify all Sub -Consultants and those services to be provided by each. Proposer shall describe the experience and qualifications relevant to the services requested in this Solicitation, of each Sub -Consultant. Not applicable. 39 www.beckerlawyers.com Florida 1 New Jersey New York 1 Washington, D RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becher 3. Provide an organizational chart, showing all key personnel, including titles, and Sub - Consultants, that will perform work/services on this project, ensuring that Sub -Consultants are clearly identified. This chart must include the functions to be performed by the key personnel/Sub-Consultants. Omar Franco CO -LEAD LOBBYIST Responsible for client communication, overall strategic direction. and execution of the agreed -upon work plan: primary liaison to City team and allied organizations; Focus on Executive Agencies, Florida delegation; Hispanic Caucus: House and Senate Appropriations: Resilience. Housing. Mental Health. Prescription Drug/ ()plaid prevention and treatment Clarence Williams CO -LEAD LOBBYIST Responsible for client communication. overall strategic direction. and execution of the work plan: Primary focus on FEMA, Human Services, Army Corps, Health Care policy and funding: Florida delegation: House of Representatives: Appropriations: Agency policy and funding Anthony Bedell TEAM MEMBER Congressional Lobbying Only— House and Senate appropriations and policy committees: Strategic Guidance on Federal Programs Amanda Wood TEAM MEMBER Appropriations; Senate committees: Public Safety, Transportation, Smart Cities: Agency Grant Funding Ellyn Bogdanoff LOCAL LIAISON Helps keeps federal lobbyists aware of current events. local issues. and news. Available for local meetings in Miami Jose Fuentes LOCAL LIAISON Helps keeps federal lobbyists aware of current events, local issues. and news. Available for local meetings in Miami 6. PROPOSED APPROACH TO PROVIDING THE SERVICES REQUESTED HEREIN 1. Confirm Proposer's ability to fulfill all requirements identified within Section 3.1 Scope of Work. The Becker lobbying team has the experience, knowledge, relationships, and ambition to exceed the minimum requirement set forth within the Scope of Work. Our proven track record of success includes assessing client's needs, identifying opportunities with an agency or member's 40 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker priorities, and then strategically matching needs with opportunities. This process may seem simple, but it requires finesse, sophistication, and tenacity. The Becker team will work with the City to develop, pursue, and achieve your legislative and funding goals using the following recommended approach: - Work with the Mayor, City Commission, City Manager, City Attorney, and other City personnel designated staff from City Departments to learn more about City programs, needed changes, new opportunities, and challenges; - Develop legislative priorities with corresponding data and anecdotes to create legislative agenda with City leaders that effectively communicates Miami's legislative mission; - Create a process for securing ongoing input from City's team; - Finalize legislative strategy working with the City's team to advance the goals or amend or defeat adverse proposals while providing pro -active recommendations for future actions; - Provide ongoing counsel and strategic advice to the City regarding federal programs, and that can assist the City; - Conduct outreach to policymakers and perform independent research into federal programs regarding high priority funding areas to determine available grant programs and future funding opportunities; - Match City's individual program goals with identified opportunities; - Keep City officials informed of pertinent initiatives and plans related to funding or policy through meetings (in -person and virtual), regular written reports, and/or oral communications; - Monitor federal budget, new legislation, and agency actions that may impact the City's fiscal and programmatic interests and deliver the City's official position during the drafting and deliberation process; - Prepare "leave behind" materials to present to Members of Congress and their staff as well as other legislative panels and committees, including drafting of legislative language, testimony, amendment(s); - Review the plans of other local entities and organizations to identify issues that the City can support or may need to oppose; - Schedule meetings and visits with key administrators and officials from federal agencies, House and Senate members and staff, committee staff to strengthen relationships and thereby facilitate City's requests; - Help coordinate meaningful Washington, DC lobby days for City officials and the community's private sector leaders to meet with agency heads, the executive branch and cabinet officials, and key legislators; private sector leaders can help make a case for transportation, education, and other priority funding as it relates to successful economic development for the community [See Lobby Day agenda examples below]; - Identify and provide guidance on securing grant funding opportunities in the City's priority areas; 41 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker - Maintain positive working relationships with the congressional delegation, leaders of essential agency divisions, leaders in the House, Senate, and legislative staff; - Coordinate efforts with other local governments and their membership organizations such as the League of Cities to coordinate grassroots advocacy efforts; - Identify opportunities for City leaders to testify or provide thought leadership on key Miami issues and provide a briefing in advance of presentations; - Advise City leaders on relevant legislative, budget, regulatory proposals impacting City and assist with an appropriate response; Becker's lawyer -lobbyists are ideally situated to provide both legal and legislative analysis; - Maintain regular contact with City officials through regular phone calls and written reports monthly reports the rest of the year; - Submit an annual report of legislative accomplishments and continuing opportunities; - Incorporate City officials and staff wherever appropriate to advocate for your legislative priorities and all other aspects of the lobbying process; local leaders who are active and visible in Washington, D.C. are most successful, so we look for opportunities to have clients testify at hearings and meet with members and executive branch officials as often as possible; - Set up site visits in Miami for legislators and policymakers to visit high -priority funding projects. In -person site visits go a long way towards changing hearts and minds; - Assist the City with obtaining data, reports, or other needed materials; - Provide 24/7 availability; City leaders will have the cell numbers of all Becker team members; we request the City designate at least one City representative to be on call 24/7 for immediate decision making when needed; - Integrate the City team into all aspects of the lobbying effort to ensure a robust and consistent message and action. 2. Describe Proposer's understanding of the requirements of this Solicitation and its approach to satisfy those requirements in compliance with Attachment C and all other laws, regulations, and ordinances. Becker's "secret" formula for success is obsessively learning the institutional history behind an issue, reading every piece of legislation and funding request to ensure that our clients are protected. This practice helps us to position our clients to be successful by knowing what legislation is moving, what legislation is "dead on arrival"; who are the champions and who are the antagonists; which committees are friendly, and which will hide a bill from ever seeing the light of day. Legislative intelligence is the key to effective lobbying. Our team knows where to get it and how to use it to represent our clients. The team uses "Bloomberg Government" to track priority bills and will assist the City with tracking policy and funding relating requests and other relevant legislation. Public sector representation requires a deep understanding of government operations and the impact of politics on decision -making. Our experience representing large urban and coastal communities provides a head start on priority issues such as water resources, flooding and resiliency, transportation/infrastructure, public safety, and appropriations. We are laser -focused on 42 www.beckerlawyers.com Florida I New Jersey f New York I Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker opportunities to support transportation projects that promote economic development through USDOT programs like the Port Infrastructure Development grants and WRDA programs to support maritime projects such as dredging and harbor widening. We closely monitor House and Senate budgets, Administration's plans, and agency budgets. For example, we review the Army Corps' annual Work Plan and look at the Harbor Maintenance Trust Fund and other harbor improvement project funding sources. While earmarks are returning, it is no longer possible to only rely on appropriations for funding; the Becker team has had great success securing significant federal funding through grants and lesser -known programmatic funding. Funding Successes Our greatest successes for clients have been in securing funding through the legislative appropriations and agency grant funding process. The Becker lobbying team is adept in the technical process of requesting and securing appropriations and the political process of identifying legislative champions and overcoming obstacles. The team will evaluate the City's funding needs and create a strategy for the City's priorities based on our knowledge of the delegation and committee chair's priorities. We achieved the successes below without congressional earmarks. However, now that congressional earmarks are back in the House, there are more opportunities to expand funding requests for City projects. There are several innovative strategies below that can be used for the City of Miami: ✓ Secured $21.3 million from the U.S. Department of Transportation for Virginia Port Authority, the second largest Port infrastructure development grant in the nation in 2020. After years of trying, VPA achieved success with the Becker team's three-dimensional strategy: politics, policy and impact. Becker used regional economic data combined with a regional political strategy to make a winning case for the port. ✓ Secured a $13 million USDOT TIGER Grant (predecessor to the BUILD program) for transportation infrastructure for Collier County. We won the highly competitive grant on a re -application following a high-level debrief with USDOT and outreach from the entire delegation, including then -House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). The Becker team worked closely with USDOT's Office of Intergovernmental Affairs to achieve this significant win for Collier County. ✓ Secured $9+ million for Collier County to purchase new buses and to rehabilitate its existing operations and maintenance building. We helped align a County project with both the grant requirements and our knowledge of FTA's priorities and interests. We also engaged their Congressional delegation to weigh in with support, arming them with draft letters of support and talking points for outreach to USDOT leadership. Notably, we leveraged the support of House Transportation Appropriations Subcommittee Ranking Member Mario Diaz-Balart. ✓ Eastern Shipbuilding Group - $500 million was included in the FY-18 Omnibus bill of the Homeland Security Appropriations for the Coast Guard's Offshore Patrol Cutter program, which increased $400 million over FY-17 funding. ✓ Secured $3 million from the FY18 Army Corps of Engineers Disaster Supplemental Spending plan for a Beach Renourishment Feasibility Study by working closely with 43 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Army Corps of Engineers, Rep. Francis Rooney, then -Senator Bill Nelson. ✓ Secured $2.4 million under the U.S. Department of Homeland Security (DHS) SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to Firefighters Grant for the Town of Davie. ✓ U.S. Highway 331 and the Choctawhatchee Bay Bridge are the only routes in Walton County for residents from the southern portion of Walton County to travel to the northern portion. Team member Amanda Wood assisted them in securing $332,500 in federal transportation funding to support additional design, right of way, and construction to provide enhancements to this route to allow for additional capacity for evacuation purposes and regional economic development. ✓ Assisted Bethune-Cookman University in obtaining an invitation to join an $86 million federal STEM research consortium sponsored by the United States Army, as well as a DOJ-sponsored research project to study behavioral aspects of domestic violence. In addition to funding successes, the Becker team has successfully navigated the complexities of government regulations and agency bureaucracy and solved problems for its local government clients. Examples below: ✓ City of North Miami - The Becker team assisted in the re -certification of the City for the National Flood Program Community Rating System. The CRS program provides flood insurance discounts for community residents that take preventative measures to prevent flood and flood damage. We successfully reinstated North Miami's program status after being disqualified from the program for administrative reasons. The lobbying team worked with the City to develop incentives for Opportunity Zone projects through expedited permitting and zoning ordinances and advised the City about working with local developers and financiers for specific envisioned projects. ✓ City of Cape Coral (and other local governments) - Worked with the Federal Emergency Management Agency (FEMA) to successfully appeal the agency' s denial of costs relating to FEMA's de -obligation of disaster recovery expenditures related to the hurricanes from over a decade ago. This issue led the Becker lobbying team to help spearhead the statutory change made to prohibit FEMA from denying the repayment of disaster related expenses to local governments. Secured legislative fix that will prevent FEMA from unreasonable deobligation more than three years after the project close-out. This statutory language was included in the FAA Reauthorization bills signed into law protects local governments from FEMA denials for reimbursement for storm related cleanup costs. ✓ Sarasota County - Assisted the County in ensuring that the "Waters of the U.S." regulations from the Environmental Protection Agency (EPA) and the Army Corps of Engineers were not applied in an unnecessarily broad manner These regulations would have had a significant impact on Sarasota, and we continue to work to ensure sensible regulation through the ongoing "repeal and replace" effort. Potential Funding Sources Becker team members are veteran DC lobbyists and former high-level Hill staffers, and senior Administration officials who know how to identify and navigate little-known grants and funds. 44 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Securing federal grants is a significant, often underutilized opportunity to fund priority programs. The Becker team has been effective at finding little-known grant opportunities, assisting with the application and submission process, and knowing the right influencers and advocates to secure the funding. We provided a few examples above (i.e., TIGER now BUILD, SAFER grants). Each team member has a solid working knowledge of legislative, administrative, and regulatory processes at the federal level. The lobbying team has detailed, extensive knowledge and experience with federal programs under USDOT, FEMA, HHS, Justice, Homeland Security, HUD, Commerce, and Army Corps that support economic competitiveness, environmental sustainability, healthy communities, and innovation. We work closely with the White House Domestic Policy Council and National Economic Council and the Office of Management and Budget (OMB) to identify and leverage the President' s top priorities. The Becker lobbying team has strong working relationships with the entire Florida delegation and influential House and Senate members (and their staff). The same is true for prominent members of the Biden Administration. For Florida, the firm's decades -long Florida roots plus team members' work experience for Florida elected officials in D.C. and Tallahassee provide long-standing personal and business relationships with a diverse set of members from both sides of the aisle and the various caucuses. That is certainly true for Florida's two senators. Senator Marco Rubio is a former Becker lawyer with whom we work closely. Local Liaison Ellyn Bogdanoff served as his Majority Whip during his tenure as Florida House Speaker. Senator Rick Scott is also a friend to the firm from his days as governor, mainly through our j oint work with Enterprise Florida and Ellyn' s work as State Senator. In South Florida, Becker works closely with the following: Reps. Debbie Wasserman Schultz (and Chief Tracie Pough); Frederica Wilson (Legislative Director Gregory Willis); Mario Diaz- Balart (Omar's former boss and his successor as Chief of Staff, Cesar Gonzalez); plus, new members Carlos Gimenez, who we know as the former Mayor of Miami -Dade County (and long- time friend Chief Alex Ferro), and Maria Salazar (and her chief Tom Moran) who represents our client, the city of Coral Gables. Plus, team members work with Reps. Lois Frankel (and Chief of Staff Josh Cohen), Ted Deutch (and Chief Josh Rogin), and Brian Mast (and Chief James Langende) in our representation of Palm Beach County. 45 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becher Becker local liaison Jose Fuentes meeting with Rep. Frederica Wilson Jose Fuentes meeting with Rep. Mario Diaz- Balart and Becker client, the Japanese Consulate in Florida (former Consul General Kenji Hirata) In Southwest Florida, we represent the City of Cape Coral and Collier County. We previously worked closely with former Rep. Francis Rooney on successful criminal justice, transportation, and environmental funding efforts and have already begun to do the same with Rep. Byron Donald. In the Panhandle and North Florida, we represent a sizeable military contractor Eastern Shipbuilding and have worked closely with Reps. Dunn and Gaetz to secure funding and work on military -related legislation. On the Treasure Coast, team members have known Rep. Bill Posey (and his Chief Stuart Burns) for many years dating back to his work in the Florida Legislature. We work with Reps. Posey and Waltz on matters relating to Volusia County and various private -sector defense contractors. In Tampa Bay, the team works closely with Rep. Charlie Crist (and his Chief of Staff Austin Duffer) and has done so for many years when he was in the Florida legislature, Cabinet and Governor. The team has a good working relationship with Rep. Kathy Castor (and her Chief Lara Hopkins). Team members work closely with her office on climate issues due to our work for so many coastal and other communities. Rep. Vern Buchanan (and Chief Sean Brady) and Rep. Gus Bilirakis (and Chief Liz Hittos) have been helpful on trade and veterans affairs issues. Rep. Greg Steube from Sarasota is a former Becker lawyer with whom we constantly work on various issues. Rep. Scott Franklin from Lakeland was elected in 2020 and someone we are getting to know. Relationships Beyond the Florida Delegation Administration: The Becker team understands the importance of strong working relationships with key players in DC at the Executive Agencies including the USDOT, US Army Corps of Engineers, Department 46 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker of Housing and Urban Development, Depailinent of Health and Human Services, US Department of Justice, Environmental Protection Agency, and Depailinent of Homeland Security. The Biden team has sent strong signals of support for urban transit by appointing experienced transit officials from innovative urban communities. FTA Acting Administrator Nuria Fernandez from Santa Clara Valley Transportation Authority is known for her leadership at some of the US's busiest transit agencies. While serving at USDOT, Becker lobbyist Anthony Bedell worked with her on funding for Silicon Valley transit priorities. Anthony also worked closely with Matt Welbes, the career Executive Director of FTA, on a range of budget, policy, and political issues. Charles Small (Anthony's successor) is the new Deputy Secretary for Intergovernmental Affairs at USDOT after his tenure with LA Metro Transit. Anthony worked closely with Charles in their previous respective roles when the federal government helped fund the Purple Line extension heavy rail subway corridor between downtown and UCLA — a billion -dollar -plus project providing access to one of LA's largest commerce centers. In another sign of support for urban transit funding, Polly Trottenberg from New York Transit was named as the Deputy Secretary of Transportation. Anthony also has a working relationship with her through their past work together on the Gateway Project, Hudson Tunnel, and 2nd Street station. At the White House, Clarence Williams worked with Cedric Richmond, a White House senior adviser and director of the Office of Public Engagement, and his staff when then -Congressman Richmond served as the Chair of the Congressional Black Caucus. Clarence's former employer, Congressman Kendrick B. Meek (ret), previously held that position. Mr. Richmond's senior policy adviser was a former member of the Meek team recommended by Clarence. At the Department of Homeland Security, our team works closely with Mike Rodriguez, Congressional Liaison Specialist, Office of Legislative and Intergovernmental Affairs, USCIS, Department of Homeland Security on immigration and visa issues. At TSA, David Pekoske, Deputy Secretary of Homeland Security, TSA on aviation security and COVID-19 concerns. At FEMA, we have strong working relationships including with Jason Nelson, Deputy Director of Congressional Affairs, Disaster Response Branch Chief, Federal Emergency Management Agency on hurricane disaster relief issues. Congress: We focus extensively on FEMA-related issues due to our lobbying efforts on behalf of coastal cities and counties. We have ongoing working relationships with political appointees and career leaders at FEMA, the Coast Guard, and the Customs and Border Protection agencies. We also have established lasting relationships with the House Homeland Committee Membership and Senior Committee Staff leadership. While working for retired Rep. Kendrick Meek (D-FL), who served on the inaugural House Homeland Committee, Clarence developed relationships with long-time senior staffers, which he maintains to this day. Also, we work with Committee Members including Chairman Bennie 47 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Thompson (D-MS), Rep. Pete King (R-NY), Rep. Sheila Jackson Lee (D-TX) (also a senior member of the Judiciary Committee), Rep Jim Langevin (D-RI), and Rep. Donald Payne (D-IL). Similarly, the Senate Homeland and Government Oversight Committee is home to Sen. Rick Scott (R-FL) and Sen. Gary Peters (D-MI), with whom we have worked closely on several issues. The Becker team has close bi-partisan working relationships with influential leaders on critical committees; none more critical than Appropriations. House Appropriations — Becker's strong relationships outside of Florida will be vitally important in supporting the City's efforts. In addition to Florida Reps. Crist, Wasserman -Schultz, Frankel, Diaz-Balart, and Rutherford, the Becker team has relationships with these Members: the Chair Rosa DeLauro (D-CT), Henry Cuellar (D-TX), Lucille Roybal-Allard (D-CA), Harold Rogers (R- KY), Mark Pocan (D-WI), and Pete Visclosky (D-IN). A. Transportation, and Housing and Urban Development, and Related Agencies °David E. Price, Chair (D-NC) 'Norma Torres (D-CA) °Pete Aguilar (D-CA) °Mario Diaz-Balart, Ranking Member (R-FL) °John Rutherford (R-FL) °Steve Womack (R-FL) • Labor, Health and Human Services, Education and Related Agencies °Rosa DeLauro, Chairwoman °Tom Cole, Ranking Member °Lucille Roybal-Allard° °Barbara Lee °Mark Pocan °Katherine Clark °Lois Frankel °Cheri Bustos °Bonnie Watson Coleman °Andy Harris °Jaime Herrera Beutler °John Moolenaar °Tom Graves Senate Appropriations — Team members work with the staff of Senate Appropriations Chair Patrick Leahy (D-VT) and Ranking Member Richard Shelby (R-AL), as well as Senator Rubio, Senator Chris Murphy (D-VT), Senator Joe Manchin (D-WV), and subcommittee leadership to advance goals (funding and otherwise) through their annual "must -pass" bills, which will serve as priority legislative vehicles for our efforts. • Transportation, Housing and Urban Development and Related Agencies °Brian Schatz, Chair (D-HI) Susan Collins, Rank Mem (R-ME) °Jack Reed, (D-RI) °Roy Blunt (R-MO) °Lindsey Graham (R-SC) °Shelley Moore Capito (R-WV) °John Hoeven (R-ND) °Patty Murray (D-WA) °Christopher Coons (D-DE) °Richard Durbin (D-IL) °Joe Manchin (D-WV) 48 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Other relationships on essential committees: House Transportation & Infrastructure: Chairman DeFazio, Ranking Member Graves plus Florida members Dan Webster, Brian Mast, Frederica Wilson, and Carlos Gimenez. House Ways & Means Health Subcommittee: Chairman Lloyd Doggett and Rep. Vern Buchanan. House Financial Services: With jurisdiction over housing programs, Florida members Al Lawson and Bill Posey. Senate Environment and Public Works Committee: Chairman Carper, Ranking Member Moore Capito, the committee staff, and Senator Ben Cardin, Chair of the Transportation and Infrastructure subcommittee and Ranking Member Senator Kevin Cramer. Senate Banking Committee: With jurisdiction over FTA and urban mass transit through the Subcommittee on Housing Transportation and Community Development chaired by Senator Tina Smith and Ranking Member Mike Rounds. 3. Discuss Proposer's strategy for representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; and monitoring identifying, interpreting and reporting on key, relevant issues and issues on Capitol Hill that are relevant and of interest. Omar Franco and Clarence Williams will co -lead the team with primary responsibility for client communication, overall strategic direction, and execution. Other team members will provide insights and input from their political network and assist with all aspects of lobbying, including interpreting and monitoring legislation and regulations, drafting bill language and testimony, obtaining research, and securing sponsors. Becker's team members work hand in hand on the City's priorities, so every team member is fully aware of the goals and is ready to jump in at a moment's notice. Omar and Clarence will leverage the resources and assets of the entire team to support the City' s plan. The team includes professionals who routinely monitor hearings and provide summaries for our clients to stay up to date on Federal issues and politics. Each member of the Becker team has several years of legislative and/or executive branch experience working with legislative, committee, and agency staff members. We know the gatekeepers and committee staff, the policymakers, the legislative drafters, and program administrators. We routinely help clients meet with key lawmakers and staff and facilitate the meetings with talking points and briefing materials. The Becker lobbying team is well -versed in issues impacting large, urban coastal cities like Miami. Becker lobbyists are in the Capitol, at the agencies, or working the phones daily to advance federal funding and programs affecting the city's top priorities such as housing opportunities and homelessness, infrastructure, transportation, traffic relief, waterway quality, resiliency, parks, and public places. We already know and work with the key players on the relevant committees, both members and staff, and we understand the federal programs available to meet the city's needs. 49 www.beckerlawyers.com Florida I New Jersey f New York I Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Upon being hired, we will quickly meet (virtually or in -person) with City officials to workshop the key issues and discuss the political and legislative landscape for 2021-22, including the short - and long-term impacts of COVID-19 and beyond. We will explore all aspects of the city's priorities and identify additional ideas to leverage funding and strengthen your position. Once priorities are approved, we will develop a final federal agenda and work plan. Overview and Timeline for Developing and Executing a Federal Legislative & Executive Branch Lobbying Plan (All activities will follow COVID-19 realities and guidelines) 1. Assessment of Opportunities — Within the first 90 days a. Meet with City's designated team to analyze each area's current federal funding and policy priorities and conduct long-term strategic analysis for future requests. b. Identify allies in the Administration and Congress c. Meet with members of the City and State's Congressional Delegation and staff and Congressional leaders and staff to evaluate opportunities and obstacles in each priority area. d. Identify and meet with Executive Branch officials to look for funding opportunities in priority areas. 2. Develop Federal Strategy and Work Plan — Within the first 90 days a. Ensure ongoing communication with City officials to develop research, data, analysis, stories in each priority area. b. Review budget and leadership priorities to assess opportunities in the City's priority areas. c. Research legislative history and background of relevant programs to develop innovative strategies and tactics for matching programs with priorities. d. Finalize tactics for each priority issue. e. Establish a written strategy on each program item within 60 days following approval of the program by the City. 3. Prepare Briefing and Other Materials in Each Priority Area — Within the first 90 days a. Work with the City team to research, prepare and finalize materials in each priority area. b. Develop talking points and background materials. c. Create "leave -behind" materials (see example attached from our client, the Virginia Port Authority) to reinforce the critical messages after calls and meetings. 4. Influencer Outreach — Within the first 90 days and ongoing a. Meet with key members of the Florida delegation to introduce the legislative priorities. b. Share legislative agenda with relevant Federal agencies, industry groups, and influencers. c. Incorporate influencer input where appropriate to prepare for meetings between City representatives and federal leaders. d. Attend committee hearings, issue briefings, strategy sessions of interest for the City. e. Draft letters to send to congressional members and others regarding City priorities. 5. Advocate for Established Priorities - Ongoing a. Present specific requests to the Congressional Delegation to advance the city's agenda with influential members of the U.S. House and the U.S. Senate with legislative jurisdiction. b. Identify grant opportunities, review applications, provide technical assistance and strategy to enhance the likelihood of success. c. Use innovative approaches to secure funding. 50 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becher d. Secure letters of support from allies. e. Draft legislative language, develop position papers, provide research and data as needed to support federal priorities. f. Coordinate where appropriate with associations such as the Florida and National League of Cities to build coalitions supporting the city's agenda. 6. Establish positive relationships with decision -makers and create support in Congress and Administration for priority issues. — Ongoing a. Establish regular communication and visibility for Miami through meetings, thought leadership, and site visits targeting key leaders and influencers. b. Identify public policy issues for the City to demonstrate thought leadership (e.g., published articles, speaking opportunities) in media, industry groups, or with agency and congressional leaders. c. Coordinate site visits and accompany congressional members and staff to demonstrate the City's leadership or highlight needs in priority areas. A good example would be Miami's leadership in combatting sea -level rise. d. Identify opportunities and draft testimony for City leadership to testify before Congress. e. Arrange meetings for City representatives with Members of Congress, their appropriations staff, and Agency officials. f. Provide 24/7/365 support for City priorities g. Develop meaningful agendas, talking points, and briefing materials. h. Monitor and impact legislation and regulations affecting the City. i. Establish and maintain regular interaction and assist the City in establishing long-term relationships with influencers, industry groups with allied interests, and decision -makers. 7. Regular Communication with the City - Ongoing a. Oral and written activity reports on pending legislation and City priorities. b. Monthly and end of the year written reports on status of city priorities and planning opportunities for the next year. c. Regular, informal conversations and meetings on priorities, including any trends or intelligence that will help City leaders and staff stay up to date on priorities. d. Video conference updates on the progress of the Federal agenda. e. In -person presentations to city officials and staff on status of Federal Agenda. f. A final comprehensive report. The picture above illustrates a typical client meeting with Rep. Debbie Wasserman -Schultz, a member of the House Appropriations Committee EXAMPLES See below an abbreviated example of a written monthly activity report recently provided to Hennepin County to demonstrate how Becker lobbyists keep local government clients informed about legislative priorities. Also provided below is an example of a Washington DC Fly In Lobby Day schedule and leave behind materials for our client the Virginia Port Authority. These examples typify the quality, professionalism and diligence of our entire lobbying team. 51 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker MEMORANDUM TO: Hennepin County Board of Commissioners and Staff FROM: Federal Advocacy Team, Becker DATE: March 8, 2021 RE: February 2021 Monthly Report The following report covers recent federal activities and the Becker team's work on behalf of the County during the month of February. With over one full month in office, the Biden Administration is entering the post -honeymoon phase of its first 100 days. While new and current COVID-19 vaccines continue to be distributed and administered, the virus is still spreading thanks to new variant strains and various southern states lifting their masking mandates. President Joe Biden also faced his first natural disaster in office when Texas and parts of Oklahoma were left without power after a violent winter storm had passed. COVID-19 Response Late last month, House Democrats passed the American Rescue Plan Act of 2021 — President Joe Biden's COVID-19 relief package — sending the measure to the Senate where it will avoid a Republican filibuster thanks to the budgetary reconciliation process we detailed in last month's report. The bill currently includes $350 billion in support for state, local, tribal, and territorial governments, along with funding for testing and vaccine distribution, Medicaid expansion, school reopenings, mass transit, small business, etc. The bill also provides $1,400 per person in supplemental stimulus checks, while providing subsidies to purchase health insurance covered by the Affordable Care Act. It would also extend pandemic unemployment programs and expand tax credits for families and for employers who offer paid leave. However, the bill will ultimately not include the $15 minimum wage hike Democrats had long sought since the Senate Parliamentarian ruled that it would violate the chamber's reconciliation rules. Other cuts in the bill are expected, as the Congressional Budget Office (CBO) recently announced that the bill as written would add $1.92 trillion to the deficit from FY21-30, above the $1.89 trillion amount allowed by the reconciliation instructions. 52 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Health Issues At least 750,000 Minnesotans have received at least one dose of the COVID-19 vaccine, which is slightly more than 13% of the population. This comes after reports indicated that Minnesota experienced delays in shipments of the Pfizer vaccine in mid -February. However, the Food and Drug Administration and Centers for Disease Control and Prevention (CDC) have just cleared the one -dose Johnson and Johnson vaccine as safe and effective against the coronavirus, meaning that the vaccine could be administered as soon as this week. President Biden announced in late February that Merck will help manufacture the Johnson and Johnson vaccine, putting the U.S. on track to have enough vaccines to distribute to every adult by the end of May — two months ahead of the Administration's original July prediction. In the meantime, Biden directed states to prioritize teachers to receive at least one does of the vaccine to facilitate school reopenings. The American Rescue Plan includes several healthcare -related initiatives. The bill would cover all Medicaid and CHIP costs associated with COVID-19 vaccines and treatment for up to a year after the pandemic and would also provide such resources to the uninsured. The bill also increases states' federal medical assistance percentage by five points to facilitate Medicaid expansion, and provides billions in childcare provider grants. HHS would also receive billions in funding to deal with the pandemic, including $47.8 billion for testing and tracing activities; $7.66 billion to expand the public health workforce, including through grants to state, local, and territorial health departments; and $3.5 billion in block grant programs under the Substance Abuse and Mental Health Services Administration. Federal Emergency Management Agency (FEMA) Last month, FEMA announced that it would make $15 million in federal funding available to the Minnesota Department of Health to assist the state's COVID-19 vaccine distribution plan. This funding is an advancement on Minnesota's eligible reimbursable costs to respond to COVID-19 under President Biden's 100% cost -sharing arrangement announced last month. Immigration The House officially released the U.S. Citizenship Act of 2021 in a move to implement President Biden's campaign promises on immigration. The bill creates an eight -year pathway to citizenship for undocumented immigrants living in the U.S., with an expedited path for younger immigrants in the DACA program. The eight -year path would consist of five years of provisional status, after which immigrants could apply for a green card and then outright citizenship three years later. The bill would also raise the per -country cap on family and employment -based legal immigrants and would allow undocumented immigrants to return to the U.S. after leaving for three to 10 years. The bill would crack down on antidrug operations in Central America and invest more in technology at the southern border on the enforcement side. 53 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Ultimate passage of the bill would require a minimum of 10 Senate Republicans to sign on to the package to overcome an almost certain filibuster attempt. Sen. Bob Menendez (D-NJ), the bill's sponsor, conceded that the legislation could change during the negotiation process. However, recent reports suggest that the bill will face an uphill battle even in the Democratic -led House, thanks to notable fractures in the Democratic caucus. House Speaker Nancy Pelosi (D-CA) has suggested passing the bill separately to garner more support. Housing Equity The Becker team continued to seek opportunities to elevate the County as a resource to our congressional delegation. After discussions with staff for Senator Tina Smith (D-MN) regarding her proposed legislation entitled the Mapping Housing Discrimination Act, we arranged for the County to review and comment on the legislation. We provided that feedback to the Senator's staff on February 2" d. We also delivered a letter from the Board of Commissioners endorsing the legislation and reiterated that the County's expertise on this issue is available to the Senator as she works to advance this legislation in the Senate. On the Administration side, the White House announced last month that the Depaiiinents of Housing and Urban Development, Veterans Affairs, and Agriculture would be extending moratoriums on foreclosures and mortgage payments through the end of June in light of the ongoing pandemic. The announcement comes as a federal court in Texas recently struck down the CDC's eviction moratorium as unconstitutional. Former President Donald Trump first approved the moratorium last September, and President Biden extended it through the end of March. The court's decision runs contrary to previous court rulings upholding the moratorium and has caused mass confusion in the housing market over whether tenants can still rely on the agency's authority. Looking Ahead The honeymoon phase of Biden' s presidency is reaching its close as his policy proposals and nominees begin facing roadblocks. As mentioned above, the $15 minimum wage hike will not be a part of the forthcoming COVID-19 relief package after the Senate Parliamentarian ruled that including it would violate Senate reconciliation rules. Future efforts to hike the minimum wage will pit the progressive and centrist wings of the Senate Democrats against one another, as centrist Democrats such as Kyrsten Sinema (D-AZ) and Joe Manchin (D-WV) have both opposed the measure. However, some Republican senators including Sens. Mitt Romney (R-UT) and Joni Ernst (R-IA), have each proposed raising the minimum wage at a lower amount. Recent snags in the Senate confirmation process have left President Biden with a lighter -than - normal Cabinet compared to previous presidents. Neera Tanden withdrew her nomination as Biden's pick for Director of the Office of Management and Budget (OMB) after lawmakers from both sides of the aisle, including Sens. Manchin, Susan Collins, and Romney, opposed her nomination. The fallout stems from incendiary tweets Tanden sent in recent years lambasting lawmakers on both sides of the aisle. Biden signaled that he would select Tanden for another position. 54 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Rep. Deb Haaland (D-NM), Biden's nominee for Secretary of the Interior, is facing Republican pushback over her views on public land use and fossil fuels, but her confirmation prospects improved when Sen. Collins indicated that she would support Haaland's nomination. The Senate Energy and Natural Resources Committee voted to advance her nomination, and if confirmed by the full Senate, she would be the first Native American to serve in the Cabinet. Xavier Becerra, Biden's pick for HHS Secretary, is also facing an uphill confirmation battle over Republican's criticism that Becerra is not a medical doctor and lacks substantive health policy expertise. The Senate Finance Committee deadlocked along party lines on his confirmation vote, leaving it up to Majority Leader Chuck Schumer (D-NY) to bring his nomination to the Senate floor. Nevertheless, Becerra will likely be confirmed if the Democratic bloc remains unified, and either at least one Republican votes to confirm him or Vice President Harris casts the tie breaking vote. Becker Team Activities • Provided a report to Hennepin County on the February 18th Senate Banking Committee hearing on "Paving an Equitable Recovery from the Coronavirus Crisis." We advised delegation staff that the County is interested in this topic and would like to be a resource for our members on this issue in the future. We expressed the desire for Hennepin officials and/or local business owners to have the opportunity to support and/or submit comments that the congressional members might make on this issue. • Provided recommended edits and additions to the draft 2021 federal platform. • Provided analysis of: o Biden Administration immigration reform plan, support, and outlook; o Executive Order allowing for 100% retroactive reimbursement of FEMA expenses. • Met with Chief of Staff Connor McNutt and Legislative Director Kelly Misselwicz of the staff of Rep. Ilhan Omar. • Participated in bi-weekly Department of Health and Human Services (HHS) staff call, providing updates on pending legislation and other federal initiatives. • Attended and provided summary of House Small Business Committee Hearing on "The State of the Small Business Economy in the Era of Covid-19"; • Attended Commission Intergovernmental Relations Committee meeting that included discussion of 2021 federal agenda. • Provided updates on: o American Rescue Plan Act and projected Hennepin County allocation and allowable uses; o "Save Our Stages" effort to provide federal relief to concert and other public venues impacted by COVID closures; o Anticipated congressional earmark process. • Attended Commission meeting and federal agenda presentation with Rep. Omar and scheduled upcoming meetings with other members of the Hennepin congressional delegation • Developed strategy and outreach related to federal support for costs associated with Derek Chauvin Trial • Meeting with Chris Maneval, Chief of Staff to Rep. Tom Emmer (R-IN). 55 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker • Call with Ryan Altman, Legislative Assistant to Rep. Emmer regarding 12-month continuous eligibility • Provided 2021 Federal Legislative Platform to all delegation staff • Disseminated Continuous Eligibility joint letters to Leadership and Staff on: o Hennepin Congressional Delegation; o House Committee on Commerce and its Subcommittee on Health; o House Ways and Means Committee; o Senate Finance Committee; o Senate Health, Education, Labor and Pensions Committee. • Provided preliminary report on Medicaid proposals in Reconciliation draft. • Gave federal health and executive orders update to the quarterly APP Advisory Council meeting • Socialized announcement of Sederstrom appointment to Hennepin delegation • Met with Meryl Howard, Senior Policy Adviser to Rep. Angie Craig regarding Continuing Eligibility legislation. ### Example of Fly -In Lobby Days Agenda and Leave -Behind Materials for the Virginia Port Authority Becker frequently arranges fly -in visits for clients to meet with influencers on Capitol Hill. We encourage City leaders to come to Washington, D.C. to meet with members and staff and share your insights as local government leaders. The team will research and curate a custom agenda to reflect the city's priorities and the status of pending legislation and funding bills. The following example is a schedule of meetings arranged on behalf of the client, the Virginia Port Authority, and the leave -behind materials prepared. The meetings provided an opportunity for VPA to speak with Members and Staff on the Port's desire for Congress to provide its requested funding levels ($83.7 million in FY22, $66.9 million in FY23, $34.9 million in FY24) along with a New Start designation for the Port to complete its deepening and widening construction project by 2025. It also requested that the Water Resources Development Act be amended next year to allow for a deepening of the port to four feet beyond the currently authorized level of 51 feet. Ultimately, the Port expressed its desire that Members pass either a full budget or a temporary continuing resolution (CR) rather than a year -long CR so that their funding requests can be realized. 56 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miami, FL Becher Virginia Port Authority Meeting Schedule Tuesday 06/22 Wednesday 06/23 Thursday 06/24 9:00 AM Grace Rubinger (Beyer) 10:00 AM Eric Bagwell (Cline's Office) 11:00 AM Evan Chapman & Raman Ross (handling T&I) (McEachin's Office) 12:30 PM Micah Barbour (Warner's office) & Evan McWalter (Kaine's office) 1:00 PM Doug Disrud and Chris Sweet Diaz Balart 2:00 PM Rep. Wittman and Chris Hall (Leg Counsel) Max Hyman and Travis Cone with Senator Capito and the Senate EPW Committee 3:00 PM Paige Schwartz - LD - (Scott's office) 3:30 PM Peter Holland Rep. Good Dominque Wardell (Luria) 4:00 PM House T&I Minority (VIRTUAL) 4:30 pM Chris Gibson (Wexton) Collin Davenport - (Connolly) 57 www.beckerlawyers.com Florida 1 New Jersey New York Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker THE PORT OF NORFOLK HARBOR YIRGINIb� AND CHANNELS PR OJECT CHANNELS PROJECT The Port of Virginia does more than service ships hauling cargo; it drives investment, j b creation, revenue growth, and connects the notion to the world. DREDGES ARE IN THE WATER The Part of Virginias journey to becoming the deepest port an the US East Coast is underwvay. Dredges took to the water on December 1, 2019 to begin the deepening that ksil I accommodate the largest container vessels call ing the East Coast- neariytwo and half years ahead of schedule. Since 2014, vessels call ing cr The Port of Mrginia have nearly doubled in size - from S,I:00 TEUsto more than 15,000 TEUs. Eased on this growth, the pat community is preparing for 16,C90 and 1 S,C40 TEU vessels in the next few years. The port remai ns committed to widening and deepening Norfolk Harbor artid channels to make way for safe arrd of is ernt-two-v aay passage of am -large container vesses (ULCVs). With an additional five feet of depth, ships could come to —and leave —Virgin is fully loaded with cargo. That cargo equates to thousands of jobs across the United States. Widening the channel up to 1,4 C0' will enable safe, two-way traffic and prevent delays to commercial and military vessels caused by US Coast Canard restrictions and allow The Part of Virginia to bailer serve its customers, the commonwealth of Virginia, and the country. NORFOLK HARBOR & CHANNELS PROJECT TIMELINE OCT `18 America's Vik1er Infrastructure Act of 2018 fully ai;thorizes the Norfolk Harbor Project DEC'19 Construction on deepening the channel to 55feetandwidening in Certain areas begins EARLY `25 The dredging lark is complete, and Virginia ishome todeepest part an the U.S. East Coast* *Proposed schedule 58 www.beckerlawyers.com Florida 1 New Jersey I New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker �.� THE ' O RT 0 F I AMERIA'S EAST COAST I�GII. GLOBAL GATEWAY WIDER, DEEPER., SAFER In June 2015, the port and US Army Corps of Engineers (USAGE) began the General Reeva 11. ati a Report to justify channel deepening and widening from its c.rrent 50{ 55' n order to continue to build on t^e pouf's ability serve its customers c-c fc ter 'ob creation opportunities. January 2018, USACE approved the Nc: onal Economic Development (NED) plan polling for additional depth and width; c rid ri February 2018, the USACE 7001 Annual Report to Congress included adc iti onall widening to 1400r in Thimble Shoal Channel to enable safer two-way trafic and prevent delays to commercial and military vessels_ The Chief of Engineers Report received final approve on June 29, 2018r and the project received full authorization upon enactment of America's Waiter I nfrastruciure Act of 2018 on October 23. The part worked closely with USACE toaccelerate transitionfrom planning to design and construction. To that end, the Vrgi^io General Assembly and Governor included full furxing of $20 m ic^ fo^ Preconstruction Engineering and Design (PED) and $330 million for ccnstr ctior, in the Commonwealth of Virginias FY19-20 biennial budget. Using those =u^ds along with $3.5 million in federal funds included in the USACE FY19 ',No -k Plan, The Port of Virginia completed design of the first constructible element The firstcontract was awarded in October 2019 and construction began in December 2019. Thimble Shoal West deepening is funded and administered by the part and is in fLII compliance with federal standards under a Memorandum Of Understanding signed with the Norfolk District in July 2017_ FLFiller;the construction work is eligible for consideration as' Work -In -Kind once a Project Partnership Agreement is signed. The additional $2.5 million included in the FY20 Presidents Budget and USACE Work Plan allowed the Norfolk District to complete PED. The project is now ready fora New Start designation and federal construction funds. FEDERAL CONSTRUCTION FUNDING REQUIREMENTS: FY22 - $83.7 million and a New Start designation FY23 - $66.9 million FY24 - $34.9 million Total Federal Investment: $186 million agt Virginia is the second largest agricultural exporter on the US East Coast One of 17 'US strategic ports and home of the world's largest naval base 34 percent of cargo sir -ivies and departs the pot- by roil, the largest percen7age of any US East Coast port More than 14,000 businesses from a l l contiguous 48 states move cargo through Virginia 59 www.beckerlawyers.com Florida I New Jersey I New York I Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Diversity as a Strategy Many firms talk about diversity, but the Becker team was built on diversity in order to serve its clients best. The City of Miami is a perfect example of why it is so important to have gender, racial, political, age, and ethnic diversity in your lobbying team. 1) Becker's lobbying team looks like the City of Miami's population. Team members have personal, first-hand understanding of the issues, hopes and concerns of city residents. 2) Politically speaking, our team's diversity opens doors for the City's issues to be heard by members in the all-important minority caucuses statewide and on both sides of the aisle. This strategy is simply unavailable to competing firms who do not engage with various caucuses as the Becker team has done for many years. Today, Becker lobbyists are helping diverse legislators and their supporters statewide through various organizations and platforms during the election season. These friendships endure and can be helpful to our clients. 3) The Becker team is proud that our firm actively engages in wide-ranging community activities that support diverse needs. Team members were honored to participate in local community events and support the firm' s ongoing commitment to organizations such as the Urban League. Becker's enduring commitment to community underpins its authentic commitment to diversity. 4) Diversity is a way of life at the Becker firm and in the lobbying group. The firm recognizes that quality legal representation and advocacy in today's world require an intrinsic understanding of diverse communities' unique needs and goals. As a result, the firm seeks to attract and retain persons from all backgrounds in all positions to foster an inclusive, respectful environment acknowledging every person' s unique perspectives. 5) The firm joined the Law Firm Antiracism Alliance (LFAA), a partnership of over 125 law firms committed to racial equality. The goal of the LFAA is to partner with racial justice legal service organizations to help leverage law firms' pro bono efforts to confront the root cause of racism. 6) Diversity is a key differentiator of the firm's lobbying team as well. Becker signed The Diversity in Government Relations Coalition Industry Pledge. The DGR Coalition aspires to foster and strengthen diversity, equity, and inclusion among entities that influence local, state, and federal policy through data collection, strategic communications, and stakeholder engagement. The pledge is part of its greater non- partisan efforts to "put forth evidence -based best practices that govern our actions... throughout the field." The pledge, a first -of -its -kind in the government relations industry, reads: "We commit to increasing understanding of diversity, equity, and inclusion (DEI) and its impact on the government relations field, intentionally addressing the gaps in diverse representation of our staff and our leadership teams that influence local, state, federal and 60 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becher international policy; and exploring the unintended consequences that result from policy and advocacy that lack diverse representation, voice, and perspective." Our lobbying team's racial, ethnic, gender, sexual orientation, and political diversity provides clients with the distinct advantage of working with an array of federal lawmakers and local government officials. The team's varied relationships and knowledge of different issues offer clients new opportunities for coalition building with like-minded groups and connections to lawmakers from both sides of the aisle and ethnic caucuses. Diversity has been and continues to be a key driver of our success. When policy impacts your business... You need a team to help you impact policy. 61 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. RFP No. 1364386 Federal Lobbying Services For City of Miarni, FL Becker Conclusion We are ready to immediately begin helping the City of Miami achieve its federal funding, legislative, and regulatory goals. Our long, extensive experience with your priority issues provides a significant head start. We have worked with all of the specific offices/leaders at FEMA, Army Corps of Engineers (DC and Jacksonville District office), FTA, FAA, SAMHSA, and Bureau of Justice Assistance. We understand the regulatory environment and know the legislative champions and detractors for vital programs. We have long-term working relationships with city officials, regional stakeholders, the South Florida and statewide Congressional delegation, and Members of Congress with jurisdiction over your priority issues. We are ready to put that knowledge and those relationships to work for the City of Miami. A new energized federal lobbying team can elevate your priorities to top decision -makers and your visibility among the nation's leading cities. Becker promises a fresh perspective and tireless work ethic. The Becker team looks forward to utilizing our network of contacts and references, legislative and regulatory experience, and political acumen to forecast opportunities, suggest creative, proactive strategies and new ideas to keep the City at the forefront. That is our promise and commitment. In sum, Becker's deep Miami roots and vast lobbying experience representing local governments in Washington, DC, provide a tangible advantage over traditional DC lobbying firms. We are ready to get to work for the City of Miami. 62 www.beckerlawyers.com Florida 1 New Jersey f New York 1 Washington, D.C. City of Miami Solicitation 1364386 REQUEST FOR PROPOSALS 1364386 FEDERAL LOBBYING SERVICES ATTACHMENT C PRICE PROPOSAL INSTRUCTIONS: The Proposer's price shall be submitted on this Form, "Price Proposal", and in the manner stated herein. Proposer is requested to fill in the applicable blank on this form and to make no other marks. Federal Lobbying Services The Annual Price is based on a flat, annual fee for federal lobbying services. This not -to -exceed annual price shall remain fixed and firm throughout the term of the Agreement to include any renewals and/or extensions. Annual Price $ $90,000 Note: Expenses for travel of Successful Proposer's personnel directly related to the provision of the services described within Section 3, Scope of Services, will be reimbursed by the City in accordance with State of Florida Statute 112.061, "Per diem and travel expenses of public officers, employees and authorized persons". 7/6/2021 3:02 PM p. 57 Request for Proposals (RFP) 1364386 City of Miami Solicitation 1364386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: Becker & Poliakoff, P.A. ADDRESS: 1275 K Street, N.W., Suite 850, Washington, DC 20005 PHONE: 202-621-7122 FAX: 202-330-5464 EMAIL: ofranco@beckerlawyers.com CELL(Optional): SIGNED BY: Gary Rosen TITLE: President DATE: 7/21/2021 7/6/2021 3:02 PM p. 5 Request for Proposals (RFP) 1364386 City of Miami Solicitation 1364386 Certifications Legal Name of Firm: Becker & Poliakoff, P.A. Firm's Federal Employer Identification Number (FEIN): 59-1640708 Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1973 Office Location: City of Miami, Miami -Dade County, or Other: Miami Office: 121 Alhambra Plaza, loth Floor, Coral Gables, FL 33134; Washington, DC Office: 1275 K St., N.W., Suite 850, Washington, DC 20005 Business Tax Receipt/Occupational License Number: 236620 Business Tax Receipt/Occupational License Issuing Agency: Miami -Dade County Business Tax Receipt/Occupational License Expiration Date: September 30, 2021 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/21). If no addendum/addenda was/were issued, please insert N/A. Addendum 1, 7/23/2021 Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services 7/6/2021 3:02 PM p. 6 City of Miami Solicitation 1364386 Request for Proposals (RFP) 1364386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification/Hold Harmless/Duty to Defend, #13 Termination; Obligation Upon Termination, #15 Nondiscrimination, and # 23 City Not Liable for Delays) are non-negotiable. Confirmed Gary C. Rosen, President: 7/6/2021 3:02 PM p. 7 Tag of �ittmi ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFP 1364386 July 23, 2021 REQUEST FOR PROPOSALS FOR FEDERAL LOBBYING SERVICES This Addendum becomes a part of the subject solicitation. The following changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The deadline for submission of proposals has been changed to Thursday, July 29, 2021 at 5:00 P.M. B. The recording to the Voluntary Virtual Pre -Proposal Conference held on July 7, 2021 can be accessed via the following link: https://web.microsoftstream.com/video/0ece0410-7cf5-4c7a-a70e-d332557afe8a C. City of Miami APM 2-19, "Eliminating the Process of Curing...", has been attached as Exhibit A to this Addendum. D. The following are the inquiries received by the City and their corresponding responses: Q1: Section 4.1, Submission Requirements, subsection 3 requires that Proposers submit "a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein..."; subsection 4 requires that Proposers provide "a list of three (3) references for projects performed for government clients, at least one (1) of which for municipal government clients...". Please clarify the difference between what is being required by these subsections. Al: Subsection 3 requires a list of at least three (3) contracts for services similar to those requested within the RFP that the Proposer has currently ongoing or has completed within the past two (2) years. Subsection 4 requires a list of three (3) references from governmental clients, one (1) of which being a municipal governmental client. Q2: Some of the insurance requirements provided in Attachment B, Insurance Definitions, Conditions and Additional Requirements, are different from the insurance requirements in Exhibit D to the Sample Professional Services Agreement. Please specify which document prevails. A2: All insurance coverages and endorsements that will be required of the Successful Proposer for this RFP can be found in Section 2.11, Insurance Requirements. Q3: Please specify the anticipated monthly (or annual) budget range for the scope of work outlined in the RFP. A3: At this time, the anticipated monthly budget is $10,000.00. Q4: The transcript link to the Pre -Proposal Conference does not work. Please provide a means to access the transcript of the Conference. A4: Please refer to Item B above. Q5: What is the anticipated start date of the contract resultant from this RFP? A5: At this time, the anticipated contract start date is November 1, 2021. Q6: Please provide APM 2-19 identified in Section 1.56, Notice Regarding "Cures" of the RFP. A6: Please refer to Item C above. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. AP:cj cc. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department Fernando Casamayor, Assistant City Manager/Chief Financial Officer Melissa Fernandez-Stiers, Chief of Staff, Office of the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: Becker & Poliakoff, P.A. Gary C. Rosen, President DATE: 7/26/2021 000068 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL DO NOT PAY 236620 BUSINESS NAME/'LOCATION BECKER 121 ALHAMBRA PLAZA STE 1000 CORAL GABLES FL 33134 OWNER BECKER & POLIAKOFF PA 111 Employee(s) 1 RECEIPT NO. RENEWAL 236620 �- T ••'14 ^ 1 SEC. TYPE OF BUSINESS 212 P,A1C+ORP!PARTNERSHIPFIRM LBT EXPIRES SEPTEMBER 30, 2021 Must be displayed at place of busines, Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $45.00 O9/28/2020 FPPU10-2O—0143B1 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. - The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit vvImmiantidade.govI axcollector 50 1 CITY OF CORAL GABLES, FLORIDA LOCAL BUSINESS TAX RECEIPT ANNUAL FIRE INSPECTION FEE RECEIPT THIS IS NOT A BILL -DO NOT PAY BUSINESS NAME. BECKER & POLIAKOFF PA OBA NAME: BECKER CLASSIFICATION: 1 Professional Service Corporati 2 3 4 6 SQUARE FOOTAGE OF SPACE: 22522 BUSINESS TAX RECPT RENEWAL VALID ONLY AT LOCATION ABOVE. RECEIPT EXPIRES 09/30/2021 *" This receipt does not constitute authority to begin operating at this location without a Certificate of Use and Inspection Approval " 51 NO, OF UNITS OUST. NO.01 0332 RECEIPT NO. BT-0000006939 2020-2021 LOCATION: 121 ALHAMBRA PLZ 1000 UNIT DESCRIPTION AMOUNT PAID: $ 554.00 REQUEST FOR PROPOSALS 1364386 FEDERAL LOBBYING SERVICES ATTACHMENT C PRICE PROPOSAL INSTRUCTIONS: The Proposer's price shall be submitted on this Form, "Price Proposal", and in the manner stated herein. Proposer is requested to fill in the applicable blank on this form and to make no other marks. Federal Lobbying Services The Annual Price is based on a flat, annual fee for federal lobbying services. This not -to -exceed annual price shall remain fixed and firm throughout the term of the Agreement to include any renewals and/or extensions. Annual Price $ 85,500 Note: Expenses for travel of Successful Proposer's personnel directly related to the provision of the services described within Section 3, Scope of Services, will be reimbursed by the City in accordance with State of Florida Statute 112.061, "Per diem and travel expenses of public officers, employees and authorized persons". e•n (1){— Title r- Printed Name Request for Proposals (RFP) 1364386 City of Miami Request for Proposals (RFP) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement RFP Number: Title: Issue Date/Time: RFP Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1364386 Federal Lobbying Services Monday, June 28, 2021 Monday July 26, 2021, at 5:00 PM Voluntary Wednesday, July 7, 2021, at 11:OOAM Virtual via Microsoft TEAMS Conference ID 207 281 675# or via phone at (786) 598-2961 Wednesday, July 14, 2021, at 5:00 PM Johnson, Charles cjohnson@miamigov.com (305) 400-5373 Request for Proposals (RFP) 1364386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: Certifications Request for Proposals (RFP) 1364386 Legal Name of Firm: Finn's Federal Employer Identification Number (FEIN): Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other: Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/21). If no addendum/addenda was/were issued, please insert N/A. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Acknowledge that if awarded, Proposer will be required to execute the Professional Services Request for Proposals (RFP) 1364386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification/Hold Harmless/Duty to Defend, #13 Termination; Obligation Upon Termination, #15 Nondiscrimination, and # 23 City Not Liable for Delays) are non-negotiable. Request for Proposals (RFP) 1364386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON- RESPONSIVE • FAILURE TO COMPLETE AND UPLOAD ATTACHMENT C, PRICE PROPSAL WILL RENDER YOUR PROPSAL NON -RESPONSIVE • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT(&BIDSYNC.COM, OR SUPPORT.BIDSYNC.COM FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. Request for Proposals (RFP) 1364386 Table of Contents Terms and Conditions 1. General Terms and Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID / PRE -PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. LIVING WAGE ORDINANCE 2.7. PROPOSERS MINIMUM QUALIFICATIONS 2.8. PROPOSERS PREFERRED QUALIFICATIONS 2.9. REFERENCES 2.10. EXECUTION OF AN AGREEMENT 2.11. INSURANCE REQUIREMENTS 2.12. PROJECT MANAGER 2.13. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 2.14. REMOVAL OF EMPLOYEES/SUBCONTRACTORS 2.15. UNAUTHORIZED WORK 2.16. CHANGES/ALTERATIONS 2.17. COMPENSATION 2.18. METHOD OF PAYMENT 2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.20. RECORDS 2.21. ADDITIONAL SERVICES 2.22. NON -APPROPRIATION OF FUNDS 2.23. FAILURE TO PERFORM 2.24. TERMINATION 2.25. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Request for Proposals (RFP) 1364386 Terms and Conditions 1. General Terms and Conditions GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1 ACCEPTANCE OF GOODS, EQUIPMENT OR SERVICES - Any good(s), equipment or services delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. In terms of this Solicitation the use of the word "services" includes without limitation professional and personal services as that term professional and personal services is defined by the City of Miami Procurement Ordinance and as set forth in the Definitions Section 18-73 of the City Code. 1.2 ACCEPTANCE OF OFFER - Subject to prior occurrence of all condition's precedent set forth in Section 1.88, The signed or electronic submission of your solicitation response shall be considered an offer on the part of the Proposer; such offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the City of a purchase order or notice to proceed, as applicable. In summation, execution of a Professional Services Agreement and/or Agreement, approval by a referendum as stated in this RFP, and issuance by the City of a purchase order, and/or notice to proceed, as applicable. 1.3 ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Procurement shall notify all affected Proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any Proposer: 1) Who has previously failed to properly perform under the terms and conditions of a Professional Services Agreement ("PSA") and/or Agreement, 2) Who failed to deliver on time, contracts of a similar nature, 3) Who is not in a position to perform the requirements defined in this formal solicitation 4) Who has been debarred, 5) Who is on the convicted vendors list, 6) Who is indebted to the City, or 7) Who is otherwise determined to be non- responsive or non -responsible. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4 ADDENDA - It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on the Request for Proposals (RFP) 1364386 BidSync Procurement Solutions Platform ("BidSync") only. 1.5 ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6 ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all its rights, title or interest herein, without the City Manager's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. The audit and inspection provisions set forth in Sections 18-100 to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Proposer. 1.10 AWARD OF CONTRACT: A. The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or addenda. B. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in default of these contractual requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Proposer's Response and may accept the Response from the next lowest responsive, responsible Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Proposer's default. Request for Proposals (RFP) 1364386 C. The term of the contract shall be specified in one of three documents which shall be issued to the Successful Proposer. These documents may either be a blanket purchase order, notice of award and/or contract award sheet. D. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and awarded. If the right is exercised, the City shall notify the Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Proposer are in mutual agreement of such extensions. E. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. F. An PSA and/or Agreement shall be awarded to the Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an PSA and/or Agreement with the Proposer, whichever is determined to be in the City's best interests. Such PSA and/or Agreement which will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. All conditions precedent identified in Section 1.88 before any Agreement is binding. 1.11 BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the Proposer will accept the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall forfeit proposal deposit to the City should the City award the contract/agreement to the Proposer and if Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal deposits are returned to unsuccessful Proposers within ten (10) days after the award and Successful Proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all deposits will be returned on demand. 1.12 RESPONSE FORM - All forms should be completed, signed and submitted accordingly. 1.13 BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a PSA and/or Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be negotiated with the next highest ranked responsive and responsible Proposal most advantageous to the City or all responses may be rejected. 1.14 BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or Proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. Request for Proposals (RFP) 1364386 1.15 CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make available a written explanation for the cancellation. 1.16 CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18 COLLUSION - Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Procurement Department or initiating department. The Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all responses where collusion may have occurred. 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, competitive solicitations etc., et. al., as applicable. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. Request for Proposals (RFP) 1364386 K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. City Financial Policies, City Code Chapter 18, Article IX. N. City of Miami Charter Sections 3(f) (iii) and 29-B. O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V. P. City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code. Q. Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws. R. Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code. Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, regulations, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20 CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, or RFLIs between potential vendors, service providers, Proposers, lobbyists or consultants (among others) and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications, oral communications with the City's Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document. The provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, or RFLI documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, or RFLI, by City Procurement staff. Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions Request for Proposals (RFP) 1364386 shall report such violation to the State Attorney and/or may file a complaint with the Miami -Dade County Ethics Commission. Proposers should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political subdivision and Florida municipality, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee (or former employee of the City who left City service within the past two (2) years) who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the Proposer's firm. A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer may not disclose or use information not available to members of the general public and gained by reason of their position, except for information relating exclusively to governmental practices, for their personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Proposer who is a person (every officer, official and employee of the city, including every member of any board, commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not contracted or transacted any business with the City or any person or agency acting for the City and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Proposer further warrants that they are not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Proposer to immediate termination of any Professional Services Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of any intellectual property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s). Request for Proposals (RFP) 1364386 1.25 DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (i) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (ii) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (iii) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (iv) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (v) Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public) agency or entity. (vi) False certification pursuant to paragraph (c) below. (vii) Found in violation of a zoning ordinance for which the violation remains noncompliant. (viii) Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (ix) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(v). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. Request for Proposals (RFP) 1364386 1.26 DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not: 1) submit a response fora contract to provide goods or services to a public entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public building or public work; 3) Submit response on leases of real property to a public entity; 4) award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) transact business with any public entity. 1.27 DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28 DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Proposal non -responsive. B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. Request for Proposals (RFP) 1364386 1. Proposals will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2. The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity, in making the award. 3. The City may require the Proposer(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29 DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 180 days from approval by the City Commission. Any discounts offered by a manufacturer to Proposer will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31 EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. Request for Proposals (RFP) 1364386 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the most advantageous Proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34 EVALUATION OF RESPONSES A. Rejection of Responses The City may reject a Response for any of the following reasons: 1) Proposer fails to acknowledge receipt of addenda; 2) Proposer misstates or conceals any material fact in the Response; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and 6) Response was not executed by the Proposer's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and re - advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination from Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate furnished has not performed despite demand they do so or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry as determined by the City. Request for Proposals (RFP) 1364386 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other govemmental entity in making the award. 3) The City may require the Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36 F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37 FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Proposer's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Proposer's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Proposer must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Proposer's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Proposer/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or Request for Proposals (RFP) 1364386 the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the City Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40 HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will Request for Proposals (RFP) 1364386 indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45 INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Request for Proposals (RFP) 1364386 Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416- 1604. The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. 1.47 INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48 LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51 MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar Request for Proposals (RFP) 1364386 relationship between the parties. 1.53 NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Proposer's expense. These non- conforming items not delivered as per delivery date in the response and/or Purchase Order may result in Proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54 NONDISCRIMINATION - Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55 NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful Proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56 NOTICE REGARDING "CURES" - Proposals submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), Invitation to Bid (ITB), Invitation for Bids (IFB), Invitation to Quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS RFP/Q SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission requirements of this RFP/Q. Proposer understands that non -responsive Proposals will not be evaluated and, therefore, will be eliminated from the Evaluation/Selection Process. Request for Proposals (RFP) 1364386 1.57 OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 1.58 ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other purposes whatsoever without the written consent of the City. 1.60 PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFORMANCE/PAYMENT BOND - A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.62 PREPARATION OF RESPONSES - Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Proposer's risk. A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, where required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Proposer's response may be included as part of the contract, at the City's discretion. Request for Proposals (RFP) 1364386 G. The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection of the response. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED TO THE CITY OR YOUR RESPONSE SHALL BE DEEMED NON -RESPONSIVE. 1.63 PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.64 PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.65 CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.66 PROMPT PAYMENT - Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during the term of the contract. 1.67 PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69 PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. Request for Proposals (RFP) 1364386 B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70 PUBLIC RECORDS - Proposer understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72 QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.73 REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal Request for Proposals (RFP) 1364386 solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Proposer and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75 RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or Request for Proposals (RFP) 1364386 b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non - responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. Request for Proposals (RFP) 1364386 (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Request for Proposals (RFP) 1364386 filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. Stay ofprocurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. Costs. All costs accruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16). 1.76 SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78 SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and replacements that will be provided. Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.79 SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services are to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of proposal. Request for Proposals (RFP) 1364386 1.80 SUBMISSION AND RECEIPT OF RESPONSES - Electronic Proposal submittals to this RFP are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly the responsibility of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Proposals received and time stamped through BidSync, prior to the Proposal submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Proposal submittal after the closing date and time has lapsed. Proposals will be opened promptly at the time and date specified. 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Proposals electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Proposer's Proposal submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to comply with these requirements may cause the Proposal to be rejected. 5. Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE PROPOSAL NON -RESPONSIVE. 6. May be considered non -responsive if Proposals do not conform to the terms and conditions of this solicitation. 1.81 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Proposer. 1.82 TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. Request for Proposals (RFP) 1364386 1.84 TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.85 TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE - All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the qualified Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.89 VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Request for Proposals (RFP) 1364386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Federal Lobbying Services, as specified herein, from a source(s), that will provide prompt and efficient service, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -PROPOSAL CONFERENCE A Virtual Voluntary pre -proposal conference will be held on Wednesday, July 7, 2021 @ 11:00 a.m., via Teams Conference ID 207 281 675# or via phone (786) 598-2961. A discussion of the requirements of the Solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the RFP will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION / CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Wednesday, July 14, 2021 @ 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Proposer qualified to provide the services requested herein (the "Successful Proposer") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for one (1) year with an option to renew for one (1) additional one (1) year period. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds Request for Proposals (RFP) 1364386 2.6. LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in FL. Stat. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A, and is located in the Documents Section of BidSync. Please refer to Attachment A, Section 18-557 in the Solicitation. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.7. PROPOSERS' MINIMUM QUALIFICATIONS Proposers interested in responding to this Request for Qualifications must provide the information on the firm's qualifications and experience, qualifications of the project team, Account Manager's experience, and previous similar projects. Additionally, Proposer must: (1) be an established firm, legally qualified to do business in the state of Florida, in possession of all licenses and certifications required to provide services related to those requested in this RFQ; (2) have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City; and (3) not have a member, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Submittals that do not respond completely to all requirements shall be considered non -responsive and eliminated from the process. 2.8. PROPOSERS' PREFERRED QUALIFICATIONS The following preferred qualifications for this Solicitations that the Proposers shall have are: 1. Strong working knowledge of legislative, administrative, and regulatory processes at the federal level; 2. Clear understanding of large urban areas, including specific knowledge of the City; 3. Clear understanding of issues impacting the City; 4. History of successfully representing municipalities at the federal level; 5. History of successful lobbying experience at the federal level; and 6. Clear strategy for representing the City at meetings with key members of Congress, members of the Executive Branch, and individuals within Federal Agencies. Request for Proposals (RFP) 1364386 2.9. REFERENCES Each proposal MUST be accompanied by a list of three (3) references for projects performed for government clients, at least one (1) of which for municipal government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 2.10. EXECUTION OF AN AGREEMENT The Successful Proposer, evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer in substantially the same form as the sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to legal by the City Attorney. 2.11. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors(s) agreements to include a provision that each subcontractor(s) will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Request for Proposals (RFP) 1364386 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment B to this solicitation which is located in the Documents Section of BidSync. The Successful Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit, IV. Professional Liability/Errors and Omissions Coverage Request for Proposals (RFP) 1364386 Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $ 1,000,000 $ 1,000,000 V. Network Security and Privacy Injury (Cyber Liability) If Applicable Each Claim $ 1,000,000 Policy Aggregate $ 1,000,000 Retro Date Included Successful Proposer agrees to maintain Professional Liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of one (1) year after termination of the contract period, subject to continued availability of commercially reasonable terms and conditions of such coverage. Successful Proposer agrees to maintain professional liability/Errors & Omissions coverage for a minimum of 2 years after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.12. PROJECT MANAGER Upon award, Successful Proposer shall report and work directly with the City Manager's designee, who shall be designated as the Project Manager for the City. 2.13. SUBCON 1RACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. Sub -Contractors shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any and all liabilities regarding the use of a Sub-Contractor(s) shall be borne solely by the Successful Proposer(s) and insurance for each Sub-Contractor(s) must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Request for Proposals (RFP) 1364386 Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the Sub -Contractors that the Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.14. REMOVAL OF EMPLOYEES / SUBCONTRACTORS All employees of the Successful Proposer and Subcontractor(s)'s, if applicable, shall be considered to be, at all times, employees of the Successful Proposer and Subcontractor(s) under its sole direction and not employees or agents of the City. The Successful Proposer and Subcontractor(s) shall supply competent and capable employees. The City may require the Successful Proposer or Subcontractor(s) to remove an employee(s) the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. 2.15. UNAUTHORIZED WORK The Successful Proposer shall not begin work until a Purchase Order and/or a Notice to Proceed are received. 2.16. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.17. COMPENSATION Each Proposer shall detail any and all fees and costs to provide the required services as detailed in Section 3, Scope of Services herein, on Attachment C, Price Proposal. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service, for which pricing was not previously secured, the City will request that the Successful Proposer provide reasonable cost(s) for same. Should the City determine the pricing to be unreasonable, the City reserves the right to negotiate const(s) or seek another vendor for the provision of said service(s). Note: Expenses for travel of Successful Proposer's personnel directly related to the provision of the services described within Section 3, Scope of Services, will be reimbursed by the City in accordance with State of Florida Statute 112.061, "Per diem and travel expenses of public officers, employees and authorized persons". Failure to submit a Price Proposal (Attachment C) as required shall disqualify Proposer from consideration. Attachment C is located in the Documents Section ofBidSvnc. 2.18. METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. Request for Proposals (RFP) 1364386 2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded; (7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such negotiations thereof; (8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager; (10) The City Manager shall then submit his or her award recommendation and negotiated contract(s) to the City Commission for approval. Written notice shall be provided to all Proposers. (11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (12) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and negotiated contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three (3) individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. Request for Proposals (RFP) 1364386 2.20. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.21. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.22. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.23. FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within forty- eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.24. TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.25. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in Request for Proposals (RFP) 1364386 transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Request for Proposals (RFP) 1364386 3. Specifications 2.3.1 SPECIFICATIONS / SCOPE OF WORK The Successful Proposer's responsibilities shall include, but not be limited to: 1. Regular policy updates and tracking; 2. Working with City Officials to continuously assess engagement strategies and opportunities to: (i) Benefit the communities within the City; (ii) Support the City's priorities by monitoring, identifying, interpreting, and reporting issues on Capitol Hill that are relevant and of interest to the City; 3. Providing political intelligence and updates on legislative activity and regulations; and 4. Providing regular reports, on a schedule determined by the City — these reports can be oral, written or both; 5. Maintaining the City informed about federal activity related to any COVID-19 assistance response and related infrastructure programs, including, but not limited to, the American Rescue Plan Act, and identifying opportunities to secure federal funds for the City related to the City's response to the COVID- 19 emergency as well as identifying additional funding opportunities that align with related City priorities; 6. Providing advice and counsel as requested by the City; 7. Engaging with Congress, the White House and Federal Agencies; and 8. Securing Government funding through earmarks, pilot/demonstration projects, grants, as well as government contracts. Request for Proposals (RFP) 1364386 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements as indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") no later than the date and time indicated within the RFP, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Proposals must be timely submitted through BidSync, or the Proposal will be disqualified. Untimely or misdelivered submittals will not be considered. NO EXCEPTIONS. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. A. Include the signed RFP Certification Statement. B. Include in detail, evidence that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements, pursuant to Section 2.7, Proposers' Minimum Qualifications 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; and Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4. Proposer's Relevant Experience, Qualifications. and Past Performance 1. Describe the Proposer's experience and past performance, in general, and state the number of years that the Proposer has been in existence. Discuss the history and background of the organization, its owners/officers/principals, total number of employees and primary markets served. Request for Proposals (RFP) 1364386 2. Describe Proposer's specific past performance and experience in relation to the services requested herein, to include service governmental representation and consulting. Discuss in detail Proposer's lobbying experience, including the use of any subconsultants and their role in any engagement(s) of Proposer. 3. Provide a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein, which the Proposer has either ongoing, or completed within the last two (2) years. The list should identify: 1. Client; 2. Description; 3. Dates covering the term of the contract; 4. Client contact person and phone number; and 5. Contract duration. Where possible, list and describe those projects performed for governmental clients. 4. Provide a list of three (3) references for projects performed for government clients, at least one (1) of which for municipal government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 5. Describe Proposer's knowledge of legislative, administrative and regulatory processes at the federal level. 6. Describe Proposer's understanding of large urban areas, including its specific knowledge of the City of Miami. 7. Describe Proposer's experience lobbying at the federal level. 8. Describe Proposer's overall experience in lobbying on behalf of municipal governments. 9. Describe any other experiences related to the work or services described within Section 3.1, and any other information which may be specific to the required services to be provided. 5. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services 1. Identify and provide current resumes for all key personnel who will be assigned to work on this project. Describe the experience and qualifications relevant to the services requested in this Solicitation, including relevant experience on similar projects, of each such individual. 2. Provide a current resume of each Sub -Consultant who will work on this project. Proposer shall identify all Sub - Consultants and those services to be provided by each. Proposer shall describe the experience and qualifications relevant to the services requested in this Solicitation, of each Sub -Consultant. 3. Provide an organizational chart, showing all key personnel, including titles, and Sub -Consultants, that will perform work/services on this project, ensuring that Sub -Consultants are clearly identified. This chart must include the functions to be performed by the key personnel/Sub-Consultants. _ Request for Proposals (RFP) 1364386 6. Proposed Approach to Providing the Services Requested Herein 1. Confirm Proposer's ability to fulfill all requirements identified within Section 3.1, Scope of Work. 2. Describe Proposer's understanding of the requirements of this Solicitation and its approach to satisfy those requirements in compliance with the provisions set forth in Attachment D - Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances. 3. Discuss Proposer's strategy for: a. Representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; and Monitoring, identifying, interpreting, and reporting on key, relevant issues and issues on key Capitol Hill that are relevant and of interest. 7. Compensation Proposal Proposer shall state its price for providing all services as stated within this Solicitation. Proposer shall submit pricing stated as a flat, fixed fee per year, which shall include all expenses necessary for the requested services. Proposer must use Attachment C - Price Proposal Form. Request for Proposals (RFP) 1364386 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine of the proposal is responsive to the submission requirements outlined in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has appropriate signatures as applicable. failure to comply with these requirements may result in the proposals being deemed non- responsive. Proposals will be evaluated by an Evaluation Committee ("Committee") which shall evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the criteria and weight: CRITERIA AND POINTS Proposer and Proposer's Key Personnel's Qualifications, Experience, and Past Performance: (25 Points) Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services: Proposer's approach to providing the services requested in this Solicitation: Compensation Proposal Maximum Points Available: (20 Points) (35 Points) (20 Points) 100 Points Tag of �ittmi ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFP 1364386 July 23, 2021 REQUEST FOR PROPOSALS FOR FEDERAL LOBBYING SERVICES This Addendum becomes a part of the subject solicitation. The following changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The deadline for submission of proposals has been changed to Thursday, July 29, 2021 at 5:00 P.M. B. The recording to the Voluntary Virtual Pre -Proposal Conference held on July 7, 2021 can be accessed via the following link: https://web.microsoftstream.com/video/0ece0410-7cf5-4c7a-a70e-d332557afe8a C. City of Miami APM 2-19, "Eliminating the Process of Curing...", has been attached as Exhibit A to this Addendum. D. The following are the inquiries received by the City and their corresponding responses: Q1: Section 4.1, Submission Requirements, subsection 3 requires that Proposers submit "a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein..."; subsection 4 requires that Proposers provide "a list of three (3) references for projects performed for government clients, at least one (1) of which for municipal government clients...". Please clarify the difference between what is being required by these subsections. Al: Subsection 3 requires a list of at least three (3) contracts for services similar to those requested within the RFP that the Proposer has currently ongoing or has completed within the past two (2) years. Subsection 4 requires a list of three (3) references from governmental clients, one (1) of which being a municipal governmental client. Q2: Some of the insurance requirements provided in Attachment B, Insurance Definitions, Conditions and Additional Requirements, are different from the insurance requirements in Exhibit D to the Sample Professional Services Agreement. Please specify which document prevails. A2: All insurance coverages and endorsements that will be required of the Successful Proposer for this RFP can be found in Section 2.11, Insurance Requirements. Q3: Please specify the anticipated monthly (or annual) budget range for the scope of work outlined in the RFP. A3: At this time, the anticipated monthly budget is $10,000.00. Q4: The transcript link to the Pre -Proposal Conference does not work. Please provide a means to access the transcript of the Conference. A4: Please refer to Item B above. Q5: What is the anticipated start date of the contract resultant from this RFP? A5: At this time, the anticipated contract start date is November 1, 2021. Q6: Please provide APM 2-19 identified in Section 1.56, Notice Regarding "Cures" of the RFP. A6: Please refer to Item C above. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. AP:cj cc. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department Fernando Casamayor, Assistant City Manager/Chief Financial Officer Melissa Fernandez-Stiers, Chief of Staff, Office of the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: