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CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager signed ev ‘--89540Ee,3CACse_ FROM: Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement Recommendation: DATE: March 3, 2025 SUBJECT: Award Recommendation for Multiple Contracts for Special Magistrate Services REFERENCES: Request for Qualifications ("RFQ") 1914386 ENCLOSURES: Qualification Review/Score Sheets Based on the findings below, the Department of Procurement ("Procurement") hereby recommends approval for the award of professional services agreements ("PSA")'s to Richard Gendler, Dawn Grace Jones and Darcee Siegel, for inclusion in a Pre -Qualified Pool for the provision of Special Magistrate Services ("Pool"), pursuant to Request for Qualifications ("RFQ") No. 1914386, for an initial term of two (2) years, with the option to renew for one (1) additional one (1) year period upon approval of the majority vote of the Miami City Commission. Background: On January 17, 2025, Procurement, on behalf of the Code Compliance Department ("Code"), issued RFQ No.1914386 under full and open competition, to obtain qualifications from experienced and qualified individuals to serve as Special Magistrates. Proposers were required to meet all the minimum qualification requirements established in the RFQ, to be considered for inclusion within the Pool. On February 11, 2025, three (3) Proposals were received in response to the RFQ. Subsequently, the Proposals were reviewed by Procurement for responsiveness and all three (3) were deemed responsive. The Evaluation Committee met on March 3, 2025. A discussion and evaluation of the Proposals occurred, and a consensus was reached by the Committee pursuant to the guidelines published in the RFQ. The Committee decided not to hold oral presentations, as the Proposals did not require further clarification. The Committee determined that all three (3) Proposals contained sufficient evidence that the respective Proposers met the minimum qualifications as expressed within Section 2.7 of the RFQ (enclosed). Contract Number/Title: RFQ 1914386, Special Magistrate Services Contract Amount: To be determined by City Commission Resolution pursuant to Section 2-830(c) of the Code of the City of Miami, as amended. Contract Term: Two (2) years with the option to renew for one (1) additional one (1) year period upon approval of the majority vote of the Miami City Commission Recommended Proposers: (listed alphabetically by last name) Awardee 1 Richard Gendler 2 Dawn Grace Jones 3 Darcee Siegel Due diligence was conducted to determine Proposers' responsibility, including verifying current Florida Bar status. There were no adverse findings related to any of the Proposers' responsibility. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. v a runty. Approved: rrzs Arthur Noriega V City Manager Date: Cc: Barbara Hernandez, Assistant City Manager Trelana Haines, Interim Director, Code Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Procurement 2 March 3, 2025 1 17:04:46 EST RFQ 1914386 Special Magistrate Services EVALUATION OF PROPOSALS Albert Zamorano, Chrysalis Concepts, LLC d/b/a City Land Use Experts (C.L.U.E.) SELECTION PROPOSERS CRITERIA Richard Gendler Dawn Grace Jones Darcee Siegel Does the Proposal contain sufficient information that proposers meet the qualifications in Section 2.7 X'e yG� � SIGNATURE: , NAME (PRINT): Ai 'f,• RFQ 1914386 Special Magistrate Services EVALUATION OF PROPOSALS Lissette Lopez, J. Milton & Associates SELECTION PROPOSERS CRITERIA Richard Gendler Dawn Grace Jones Darcee Siegel Does the Proposal contain sufficient information that proposers meet the qualifications in Section 2.7 (i ` / S YeSj SIGPURE: - NAE(PRINT):(C' U' Cf 1 /_ RFQ 1914386 Special Magistrate Services EVALUATION OF PROPOSALS Patricia Arias, City of Miami SELECTION PROPOSERS CRITERIA Richard Gendler Dawn Grace Jones Darcee Siegel Does the Proposal contain sufficient information the qualifications in Section 2.7 that proposers meet 1,-e.s (___ e SIGNATURE: NAME (PRINT): / �d rt RFQ 1914386 Special Magistrate Services EVALUATION OF PROPOSALS Olga Zamora, City of Miami SELECTIONPROPOSERS CRITERIA Richard Gendler Dawn Grace Jones Darcee Siegel Does the Proposal contain sufficient information that proposers meet the qualifications in Section 2.7s q.e__.-�-� SIGNATURE: e _______:,___, \_... NAME (PRINT): ' , (0v RFQ 1914386 Special Magistrate Services EVALUATION OF PROPOSALS Christine Morales, Chrysalis Concepts, LLC d/b/a City Land Use Experts (C.L.U.E.) SELECTION PROPOSERS CRITERIA Richard Gendler Dawn Grace Jones Darcee Siegel Does the Proposal contain sufficient information that proposers meet the qualifications in Section 2.7 'i .�..23 ���)2S SIGNATURE: 6. NAME (PRINT): hN_Q--- ' 3 . fin. ors. \,2,s �ci S+' CITY OF MIAMI, FLORIDA Arthur Noriega V City Manager INTER -OFFICE MEMORANDUM DATE: February 27, 2025 SUBJECT: Evaluation Committee for Request for Qualifications ("RFQ") No. 1914386, Special Magistrate Services FROM: Annie Perez, CPPO Director/Chief Procurement Officer REFERENCES: RFQ No. 1914386 The Department of Procurement ("Procurement"), on behalf of the Code Compliance Department ("Code"), issued RFQ No. 1914386 on January 17, 2025, for the creation of a pre -qualified pool of individuals for the provision of special magistrate services. It is respectfully requested that you approve the following individuals as members of the Evaluation Committee ("Committee") to evaluate and score the proposals. Each of the members of the Committee has the requisite knowledge and experience to evaluate the proposals pursuant to the RFQ. Committee Chairperson, (Non -Voting) Charles Johnson, III, NIGP-CPP, Sr. Procurement Contracting Manager, Procurement External Committee Members (Voting) 1) Lissette Lopez — Project Manager, J. Milton & Associates 2) Albert Zamorano, Independent Contractor, Chrysalis Concepts, LLC d/b/a City Land Use Experts (C.L.U.E.) ("CLUE") 3) Christine Morales, Owner/CEO, CLUE Internal Committee Members (Voting) 1) Olga Zamora, Chief of Hearing Boards, Planning Department 2) Patricia Arias, Assistant City Attorney, Office of the City Attorney APPROVED: DATE: avflk ur Nom.�o Arthur Noriega V City Manager AP:cj March 1, 2025 1 11:09:30 EST Cc: Trelana Haines, Interim Director, Code Rachel S. Dooley, Assistant City Attorney, Office of the City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Procurement Request for Qualifications (RFQ) 1914386 City of Miami Request for Qualifications (RFQ) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement RFQ Number: 1914386 Title: Special Magistrate Services Issue Date/Time: Friday, January 17, 2025 RFQ Closing Date/Time: Friday, February 7, 2025, at 5:00 PM Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: Friday, January 24, 2025, at 2:00 PM Pre-Bid/Pre-Proposal Location: Jose Marti Park 362 SW 4th Street Miami, FL 33130 Deadline for Request for Clarification: Friday, January 31, 2025, at 5:00 PM Contracting Officer: Charles Johnson Contracting Officer E-Mail Address: ciohnson@miamigov.com Hardcopy Submittal Location: City of Miami — City Clerk 3500 Pan American Drive Miami, FL 33133 Request for Qualifications (RFQ) 1914386 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 (FIRM): ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: PRINT NAME: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Request for Qualifications (RFQ) 1914386 Legal Name: Residence Location: City of Miami, Miami -Dade County, or Other (Please list): Office Location: City of Miami, Miami -Dade County, or Other: Florida Legal License Information (Bar Number): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (e.g., Addendum No. 1, 1/1/25). If no addendum/addenda was/were issued, please insert N/A. Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including, without limitation #2, Tern, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Termination, Obligation Upon Termination, #15 Nondiscrimination, and #23 City Not Liable for Delays), are non-negotiable. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Request for Qualifications (RFQ) 1914386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD/INCLUDE THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON- RESPONSIVE. • FAILURE TO COMPLETE AND UPLOAD/INCLUDE THE FOLLOWING MAY RENDER YOUR PROPOSAL NON -RESPONSIVE. 1. ATTACHMENT A, REFERENCE SUBMITTAL FORM. 2. ATTACHMENT F, ANTI -HUMAN TRAFFICKING AFFIDAVIT. • UPLOADED ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDNET DIRECT VENDOR SUPPORT TOLL -FREE NUMBER 800-835-4603, EMAIL SUPPORT@BIDNET.COM, FOR BIDNET TECHNICAL DIFFICULTIES AND/OR ISSUES. THE VENDOR SUPPORT TEAM IS AVAILABLE MONDAY THROUGH FRIDAY FROM 8AM TO 8PM EST. Request for Qualifications (RFQ) 1914386 Table of Contents Terms and Conditions iGenens| Conditions...................................................................................................... iiGENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 22.PRE-PROPOSAL CONFERENCE 2lDEADLINE FOR RECEIPT OFREQUEST FOR ADDITIONAL INFORM AT|{}NXCLAR|F|CATION 2.4. TERM OF CONTRACT 2.5. C{}N[)|T|{}NS FOR RENEWAL 26. COMPENSATION 2.7. MINIMUM QUALIFICATIONS 2.8. PREFERRED QUALIFICATIONS 2.9. REFERENCES 2.l0. EXECUTION OF AN AGREEMENT 2.11. PRE -QUALIFIED P{}{}L / WORK ASSIGNMENT PROCESS 2.12. INSURANCE REQUIREMENTS 2.l3.NON-APPROPRIATION C)FFUNDS 2.14. UNAUTHORIZED WORK 2.15. FAILURE TO PERFORM 2.16. SUBCONTRACTORS OR SUBCONGULTANTS 2.17. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.18. METHOD OF PAYMENT 2J9. ADDITIONAL SERVICES 220. LIMITED CONTRACT EXTENSION 221. TERMINATION 222. RECORDS 223. ADDITIONAL TERMS AND CONDITIONS 224.ANTITRUST VIOLATOR VENDORS 225. ANTI -HUMAN TRAFFICKING 3. Specifications / Scope of Work 3.1. SPECIFICATIONS/SCOPE OF WORK 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS 5. Evaluation Criteria ,5.1. EVALUATION CRITERIA Request for Qualifications (RFQ) 1914386 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 RFQ, 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, Request for Qualifications (RFQ) 1914386 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 Bidnet Direct 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. Request for Qualifications (RFQ) 1914386 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. 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 Request for Qualifications (RFQ) 1914386 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. 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. Request for Qualifications (RFQ) 1914386 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. 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. Request for Qualifications (RFQ) 1914386 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. Request for Qualifications (RFQ) 1914386 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 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. Request for Qualifications (RFQ) 1914386 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). 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 Request for Qualifications (RFQ) 1914386 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. 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: Request for Qualifications (RFQ) 1914386 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. 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 Request for Qualifications (RFQ) 1914386 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 Request for Qualifications (RFQ) 1914386 Contractor. 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the 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. Request for Qualifications (RFQ) 1914386 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. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36 F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37 FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38 FLORIDA MINIMUM WAGE 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 Request for Qualifications (RFQ) 1914386 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 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 Request for Qualifications (RFQ) 1914386 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 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. Request for Qualifications (RFQ) 1914386 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 Request for Qualifications (RFQ) 1914386 entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the 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. Request for Qualifications (RFQ) 1914386 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 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, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Proposer shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Proposer shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Proposer shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Proposer affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Proposer affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection Request for Qualifications (RFQ) 1914386 with the conduct of its business, including performance of services and employment of personnel, Successful Proposer shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. 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. 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. Request for Qualifications (RFQ) 1914386 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 Request for Qualifications (RFQ) 1914386 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. 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. Request for Qualifications (RFQ) 1914386 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. 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. Request for Qualifications (RFQ) 1914386 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 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 Request for Qualifications (RFQ) 1914386 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 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. Request for Qualifications (RFQ) 1914386 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 Request for Qualifications (RFQ) 1914386 timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as Request for Qualifications (RFQ) 1914386 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 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 of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. 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). Request for Qualifications (RFQ) 1914386 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. 1.80 SUBMISSION AND RECEIPT OF RESPONSES - Electronic Proposal submittals to this RFQ are to be submitted through Bidnet Direct (bidnetdirect.com) 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 Bidnet, prior to the Proposal submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, Bidnet 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 Bidnet Direct 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. Request for Qualifications (RFQ) 1914386 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 Bidnet. 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. 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. Request for Qualifications (RFQ) 1914386 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 Qualifications (RFQ) 1914386 2. SPECIAL CONDITIONS 2.1 PURPOSE The purpose of this Solicitation is to establish a contract, for a pre -qualified pool of individuals to serve as Special Magistrates, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2 PRE -PROPOSAL CONFERENCE A Voluntary Pre -Proposal conference will be held on Friday, January 24, 2025, at 10:00 am at Jose Marti Park, 362 SW 4t" Street, Miami, FL 33130. 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 RFQ will be included in an addendum, that will be distributed through Bidnet, 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 Bidnet. All questions must be received no later than Friday, January 31, 2025, at 5:00 PM. All responses to questions will be sent to all prospective proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4 TERM OF CONTRACT The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) Pursuant to Chapter 2 of the City Code, Section 2-830 "The special magistrate(s) will serve for a term of two years with the reappointment of one additional one-year term upon approval of the majority vote of the city commission. " (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 Successful 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: Request for Qualifications (RFQ) 1914386 (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds. 2.6 COMPENSATION Compensation for Special Magistrates shall be determined by City Commission Resolution at the time of formal award. 2.7 MINIMUM QUALIFICATION REQUIREMENTS Proposers must satisfy each of the following minimum qualification requirements cited below: Using a narrative form, each requirement must be addressed in detail to determine Proposers' responsiveness. Failure to meet each of the following minimum qualification requirements shall result in the Proposal being deemed non -responsive. Proposers shall: (1) Have practiced law for a minimum of five (5) years; (2) Be a member, in good standing, of the Florida Bar; (3) Have no record of pending lawsuits, or criminal activities involving moral turpitude and shall not have any conflicts of interest with the City; (4) Not be in arrears or in default of any debt or contract involving the City (as a party to the conflict or otherwise), nor have failed to perform faithfully on any previous contract with the City; and (5) Not have been suspended by the Florida Bar, terminated or removed as an administrative Magistrate or resigned as a jurist while under investigation or removed by the Florida Supreme Court. Refer to Section 4, Submission Requirements. Submittals that do not respond completely to all requirements may be considered non -responsive and eliminated from the process. 2.8 PREFERRED QUALIFICATIONS The following preferred qualifications for this Solicitation are that Proposers: (1) Have worked as a Magistrate in this or another Florida Jurisdiction; and/or (2) Have worked as a Florida Circuit or County Court Judge. 2.9 REFERENCES Proposers shall submit with their Proposals, a list of three (3) references submitted on Attachment A — Reference Submittal Form for projects performed for 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 Request for Qualifications (RFQ) 1914386 was the prime contractor or subcontractor. 2.10 EXECUTION OF AN AGREEMENT The Successful Proposer(s), evaluated in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer(s) 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. The PSA may be updated periodically to reflect new City requirements. 2.11. PRE -QUALIFIED POOL / WORK ASSIGNMENT PROJECT Based on responses to this Request for Qualifications (RFQ), it is the intent of the City to create a pre -qualified pool of Proposers. These Proposers shall be deemed to be pre -qualified to provide the services of a Special Magistrate, as required by the City on an as -needed basis. The City will have the ability to select Proposers from the pre -qualified pool on a random rotational basis. The City reserves the right to develop an alternative, streamlined process for awarding assignments. Selection does not guarantee work for any of the pre -qualified Proposers and does not provide for exclusive rights to provide these services to the City. This RFQ does not in any way limit the City's right to solicit for proposals for similar services if, in the City's sole and absolute discretion, the City determines that services requested in this RFQ are inadequate to satisfy its needs. All work assignments during the Agreement period will be on an "as -needed" basis, complying with notification requirements. At the City's discretion, Successful Proposers may be dropped from the pre -qualified pool for lack of participation, which shall include prior performance, being in arrears in obligations to the City, or other reasons specified by City policies. The Pool will have as many members as the City deems appropriate. No Pool member shall have any rights against the City arising from any assignments. Pre -qualified individuals shall not be restricted in any way from responding to other City solicitations and being selected for other pools the City may establish as it may deem in its sole and best interest. 2.12. INSURANCE REQUIREMENTS Insurance will not be required for this RFQ. 2.13. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise Request for Qualifications (RFQ) 1914386 unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer(s) of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any Proposer(s). 2.14. UNAUTHORIZED WORK The Successful Proposer(s) shall not begin work until a Purchase Order and/or a Notice to Proceed is received by the Successful Proposer. 2.15. FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract. 2.16. SUBCONTRACTORS OR SUBCONSULTANTS No subcontractors or subconsultants shall be allowed pursuant to this RFQ. 2.17. 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 within Section 5, Evaluation Criteria; (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. The recommendation of the Committee shall be submitted to the City Manager; (7) The City Manager reserves the right to reject the Committee's recommendation, 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; (8) If the City Manager accepts the Committee's recommendation, the City Manager shall then submit his or her award recommendation and contract(s) to the City Commission for approval. Written notice shall be provided to all Proposers. Request for Qualifications (RFQ) 1914386 (9) ***If the City Manager accepts the award recommendation, the City Manager's recommendation for award of contract will be sent via email to all Proposers, which will initiate the protest period. Additionally, the award recommendation will be distributed to all Proposers via email. (10) ***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 possessing the ability to perform such services and obtain information from said individuals relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. 2.18. METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. 2.19. 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. 2.20. LIMITED CONTRACT EXTENSION Any specific service assignment which commences prior to the termination date of the Agreement, and which will extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, continue until completion at the same rates, terms, and conditions, as set forth therein. 2.21. TERMINATION A. FOR DEFAULT The City reserves the right to terminate this contract upon ten (10) days written notice of default, in part or in whole, or place the Successful Proposer(s) on probation in the event that the Successful Proposer(s) fails to perform in accordance with the terms and conditions contained herein. This may be done by the City without recourse or penalty to the City. The City further reserves the right to suspend or debar the Successful Proposer(s) in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement costs shall be borne by the Successful Proposer(s). Request for Qualifications (RFQ) 1914386 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.22. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer(s) shall provide City access to all files and records maintained on the City's behalf. 2.23. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of Proposer's Solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify, or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.23. ANTITRUST VIOLATOR VENDORS A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 2.24. ANTI -HUMAN TRAFFICKING The Proposer confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Request for Qualifications (RFQ) 1914386 Florida Statutes. The Proposer shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Attachment F If the Proposer fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Proposer for any additional compensation or for any consequential or incidental damages. All Proposers shall be required to complete and submit with their proposals, Attachment F, Anti - Human Trafficking Affidavit. Failure to complete and submit Attachment F as required may result in proposals being deemed non -responsive. Request for Qualifications (RFQ) 1914386 3.Specifications/Scope of Work 3.1. SPECIFICATIONS/SCOPE OF WORK Section 2-811 of the Code of the City of Miami, as amended ("City Code"), defines Special Magistrate(s) as a person(s) appointed by the City Commission, or pursuant to City Commission authorization, to preside over code enforcement hearings. Special Magistrates shall have the same status as the Code Enforcement Board, pursuant to Florida Statute Chapter 162 and Chapter 2, Article X of the City Code. .Additionally, at the discretion of the City, the Special Magistrate(s) may be asked to preside over other hearings from other City Boards. Special Magistrates shall perform services including, but not limited to: a) Conduct hearings as scheduled by the City of Miami and approved by City staff and Magistrate; b) Prior to the start of the hearing cases or after the final case is heard on the agenda of the day, entertain special business or announcements forthcoming from the City Attorney or Magistrate Clerk; c) Hear the cases on the agenda for that day; and d) Follow the requirement for hearings set forth in Chapter 2, Article of the City Code, including Section 2-830 of the City Code. Request for Qualifications (RFQ) 1914386 4.Submission Requirements 4.1.SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. Proposals must be submitted through Bidnet Direct or to the Hardcopy Submission Location listed on the cover page of the RFQ, no later than the date and time indicated within the RFQ, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. 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. • Include the signed, completed RFQ Certification Statement including the responses to the questions therein. • Include detailed evidence and/or affirmations that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements pursuant to Section 2.7, Proposer's Minimum Qualifications. • Complete Attachment A, Reference Submittal Form, Pursuant to Section 2.9, References. Failure to do so may deem your Proposal non -responsive. Attachment A is located in the Documents Section in Bidnet. 1. COVER PAGE The Cover Page should include the Proposer's full legal name; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable; Email address; Title of RFQ; RFQ Number. 2. TABLE OF CONTENTS The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. PROFILE Proposers interested in responding to this Request for Qualifications must submit a resume that includes, but is not limited to the following information: Request for Qualifications (RFQ) 1914386 1. A brief background statement including Proposer's law experience; 2. The number of years in active practice as an attorney, magistrate or judge, and; 3. A statement of how the Proposer's professional background qualifies proposer to serve as a Special Magistrate for the City. 4. PROPOSER'S INFORMATION A. Minimum Qualification Requirements 1. In order to determine Proposers' Qualifications, Proposers must provide in detail, documentation/information that clearly demonstrates that Proposer meets the minimum qualification requirements, pursuant to Section 2.7, Minimum Qualification Requirements. 2. Also provide any evidence that clearly demonstrates that Proposer meets the preferred qualifications, pursuant to Section 2.8, Preferred Qualifications, if applicable. B. Proposer's Experience and Past Performance Describe the Proposer's experience and past performance, in general, stating the number of years that the Proposer has been in their profession and any specialty in their profession. Provide Proposer's Florida Bar Number. 3. Describe Proposer's specific past performance and experience in relation to the services requested herein, including any past experience as a hearing officer or magistrate. 4. Complete Attachment A, Reference Submittal Form. Failure to do so may deem your Proposal non -responsive. Attachment A is located in the Documents Section in Bidnet. C. Technical Information 1. Describe Proposer's ability and willingness to provide a quick response (possibly the same day) to requests to serve as a Special Magistrate as specified within Section 3, Specifications / Scope of Work, of this RFQ. Provide any information concerning any prior or pending litigation, either civil or criminal, which may affect the performance of the services to be rendered herein, in which the Proposer has been involved with in the last three (3) years. 3. Indicate whether the selection of Proposer would result in any current or future potential conflict of interest. If so, your response must specify the party with which the conflict exists or might arise, the nature of the conflict, and whether your firm, or any affiliates or parent, would step aside or resign from the engagement or representation creating the conflict. Please also disclose any financial or contractual relationship an employee(s), partner(s), Request for Qualifications (RFQ) 1914386 principal(s), officer(s) or owner(s) of the firm, and/or the firm or any of its affiliates or parent, including joint ventures, has, or have had, over the past five (5) years with any City of Miami elected or appointed official, or with a firm in which they were employed. This information is subject to verification as part of the qualification process. 4. Provide a list of any City of Miami code violations issued to Proposer within the past three (3) years. Indicate the outcome of the violation and if the violation was incurred in a personal or professional capacity. NOTE: After submission of Proposer's Proposal, but prior to the award of any contract or work order issued as a result of this RFQ, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the qualifications submission. Request for Qualifications (RFQ) 1914386 5. Evaluation Criteria 5.1. EVALUATION CRITERIA An Evaluation Committee comprised of three or more members will review each responsive proposal to determine whether or not the proposal contains sufficient evidence that Proposer(s) meet the minimum qualifications as expressed within Section 2.7 of the RFQ. A responsive proposal is one which follows the requirements of the RFQ, includes required documentation, is of timely submission, and has the appropriate signatures as required. Failure to comply with these requirements may result in a proposal being deemed non -responsive. All Proposers who meet the minimum qualifications as expressed within Section 2.7, shall be deemed eligible for consideration for contract award. RFQ NO.: 1914386 Attachment A Reference Submittal Form CATEGORY: Special Magistrate Services FIRM NAME: Reference Section Summarized Requirements: Refer to the details in Section 2.9, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: Past Performance Reference Check #2 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: Past Performance Reference Check #3 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: 1 ATTACHMENT F ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking " d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Name: Signature of Officer: Officer Title: Office Address: Email Address: FEIN No. / - / / / / / / STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: The foregoing instrument was swom to and subscribed before me by means of O physical presence or O online notarization, this day of by , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: Signature of Person Taking Oath (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Response to City of Miami RFQ Number 1914386 Special Magistrate Services Submitted on: January 29, 2025 Submitted By: Darcee S. Siegel, Esquire Attorney at Law Civil Court Mediator Florida Supreme Court Certified 169 Camden Drive Bal Harbour, Florida 33154 Telephone : (305) 409-9670 (Cell) (305) 864-3740 (Facsimile) E-mail Address: darcee.siegel@gmail.com Darcee S. Siegel, Esquire RFQ 1914386 TABLE OF CONTENTS PAGE I. Cover Page 1 II. Table of Contents 2 III. Letter of Interest 3 IV. Certification Statement 4-5 V. Brief Background Statement 6-7 VI. Resume 8-9 VII. Experience and Past Performance 10-11 VIII. Technical Information (Section 3) 12 IX. Minimum Qualifications (Section 2.7) 13-14 Florida Bar/Member in Good Standing X. Preferred Qualifications (Section 2.8) 15 XI. Reference Submittal Form 16 Attachment A (Section 2.9) XII. Anti -Human Trafficking Affidavit 17 Attachment F (Section 2.24) Darcee S. Siegel, Esquire RFQ 1914386 DARCEE S. SIEGEL, ESQ. Attorney at Law/Certified Mediator 169 Camden Drive Bal Harbour, Florida 33154 (305) 409-9670 darcee.siegelAgmail.com January 29, 2025 HAND -DELIVERED Todd B. Hannon, City Clerk City of Miami 3500 Pan American Drive Miami, Florida 33133 RE: Response to Request for Special Magistrate Services/RFQ Number 1914386 Dear Mr. Hannon, Please accept the following submission and response to the Request for Qualifications for Special Magistrate Services for RFQ Number 1914386. The information as required in the Cover Page outlined in the RFQ is stated on the letterhead above. My social security number is XXX-XX-6054. The entire social security number has been uploaded on Periscope and has also been previously supplied to the City and is currently on file. I have served the City of Miami as a Special Magistrate since 2007 and I hope to continue to do so in the future. Thank you in advance for your consideration of my response to the RFQ for Special Magistrate Services. Sincerely, Darcee S. Siegel, Esquire Attorney at Law Civil Court Mediator Florida Supreme Court Certified 3 Darcee S. Siegel, Esquire RFQ 1914386 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 (FIRM): 1� ii i . � Eta S . 5 % E 1 L . eS V i ADDRESS: / t 0. A M.0c-N _M \ VE, .6AL f+11 o0/&, FL. 33 1511 ff C)5U.� Li 1 0 PHONE: l� �� '-��`1 "'t� b�l v. FAX: �� �� �� . " �) EMAIL: AA ia;tE . 51 ele.1 ci ryi al I .Coat - ELL(Optional): g � SIGNED BY: . PRINT NAME: D Cep 5'. S_a 6 L TITLE: DATE: aAN c»4le. l zc , 2,0 2,5 FAILURE.T Ai�fl E�° ; ,4 A t1l I?9� o _'i'UR@ V' CIS ORi f SVIAL O1 l ALIFy THIS Dare e S. Siegel, Esquire Legal Name: Certifications DAKCGC S. SIE6G.L. RFQ 1914386 Residence Location: City of Miami, Miami -Dade County, or Other (Please list): /6° CA POEN Pal V6, ehL i-f-PliaiolA,FL- 3315-Li tlictivo,Imor (ovary Office Location: City of Miami, Miami -Dade County, or Other: BA L Htou,DPrOL CUNT'-1 Florida Legal License Information (Bar Number): M5g0 Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (e.g., Addendum No. 1, 1/1/25). If no addendum/addenda was/were issued, please insert N/A. NVA Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including, without limitation #2, Tern, #6 Audit and inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Termination, Obligation Upon Termination, #15 Nondiscrimination, and #23 City Not Liable for Delays), e non-negotiable. AleCE-C S S 6-6 FAII.„t1Rg TO CQMPLEM,,SIGN AND RETURN IF IS FORM SHALL DISQUALIFY 'nip RESPONSE. 5 Darcee S. Siegel, Esquire RFQ 1914386 Brief Background Statement Darcee S. Siegel, Esquire was born and raised in Miami -Dade County Florida. She is the former City Attorney of North Miami Beach, Florida and has served as an in-house municipal attorney since 1988. She is currently employed as a Florida Supreme Court Certified Civil Mediator and currently serves as a Special Magistrate for the City of Miami adjudicating code enforcement cases, a position she has held since 2007. As the City Attorney for the City of North Miami Beach, Ms. Siegel served the City Commission and Departments of the City. She presided over all meetings of the Commission and rendered numerous legal opinions during her tenure. She was responsible for drafting all of the Resolutions and Ordinances presented to the City Commission for consideration. She managed the in-house City Attorney's Office and oversaw all the activities of the Office and its entire staff. As an Assistant City Attorney for the City of North Miami Beach, Ms. Siegel was in charge of all tort/personal injury litigation; Civil Police forfeiture proceedings; Civil Rights/false arrest litigation; procurement litigation; election litigation and zoning litigation. She drafted all of the City's contracts; represented the City on all mortgage foreclosure and bankruptcy cases. She served as the attorney for the City on all public taking/eminent domain proceedings against the Department of Transportation; acted as legal counsel for Code Enforcement Board, Civil Service Board; and Planning and Zoning Board. She presented cases before the Dade County Unsafe Structure Board resulting in Orders to demolish such structures; acted as legal counsel in Contract/Commercial litigation and negotiations; drafted resolutions and ordinances at the direction of the City Council. As an Assistant City Attorney for the City of Hollywood, Ms. Siegel was the Lead Trial Counsel in defending the City of Hollywood in all of its civil litigation involving personal injury claims, civil rights violations, claims for declaratory and injunctive relief and allegations of unconstitutional ordinances. She served as the coordinator of the Law Clerk Program. She collected the most revenues for municipal prosecutions in the City of Hollywood's history. She drafted major legislation, implementing "Safe Neighborhood Act" and numerous municipal ordinances; revamped, amended, repealed and created new ordinances in accordance with new statutes and case law. She also served as the Legal Counsel for the Code Enforcement Board. As a Law Clerk for the City of Miami Law Department, Ms. Siegel was responsible for formulating legal theories and for drafting appropriate motions, memoranda, legal opinions and briefs. She researched various issues in federal Section 1983 Civil Rights cases, personal injury cases, election -related cases, workers' compensation cases and zoning violation cases. She also assisted on various matters in tort, commercial, municipal, labor and contract law. Ms. Siegel has a vast amount of experiences with the process and procedure involving code enforcement matters. As an Assistant City Attorney for both the Cities of Hollywood and the North Miami Beach, she presented and prosecuted numerous code enforcement violations to both of those local tribunals. She is quite familiar with the Florida Building Codes, Municipal Ordinances and City Charters as she spent years counseling City employees on its laws and interpretations. She has continued to build on that knowledge by serving as a Special Magistrate for the past 29 plus years for the Cities of Miami and Sunny Isles Beach and the Village of Bal Harbour. In her roles as Special Magistrate, she had presided over thousands of code enforcement violations/citations based on City Code and has rendered both oral and written orders presented before her. She has participated in both residential and commercial matters and has been called upon to rule on zoning, building and life safety violations. Based on the foregoing, Ms. Siegel's professional background qualifies her to serve as a Special Magistrate for the City of Miami. DARCEE S. SIEGEL, ESQ. 169 Camden Drive Bal Harbour, Florida 33154 (305) 409-9670 darcee.siegel@gmail.com PROFESSIONAL ADMISSIONS/CERTIFICATIONS: Supreme Court of the State of Florida U.S. Supreme Court U.S. Court of Appeals, llth Circuit U.S. District Court, Trial Bar U.S. District Court, Southern District of Florida Civil Circuit Mediator, Florida Supreme Court Certified PROFESSIONAL AND OTHER ACTIVITIES: American Bar Association - Board of Governor - House of Delegates - Diversity & Inclusion 360 Presidential Commission - Standing Committee on Gun Violence - Standing Committee on Public Education - Standing Committee on Membership - Tort Trial and Insurance Practice Section - Government and Public Sector Lawyers' Division Dade County Bar Association The Association of Trial Lawyers of America National Judicial College -Trustee -Treasurer SPECIAL APPOINTMENTS: National Judicial College Trustee and Treasurer Florida International University Vice -Provost Executive Council Member Unsafe Structure Panelist — City of Miami Special Magistrate - City of Miami Special Master - City of Sunny Isles Beach Special Master - Bal Harbour Village EMPLOYMENT: 2015-present CIVIL COURT MEDIATOR -- Florida Supreme Court Certified 2014-present SOLO PRACTICTIONER 2009-2014: CITY OF NORTH MIAMI BEACH - City Attorney, Retired 1992-2009: CITY OF NORTH 1VIIAMI BEACH - Assistant City Attorney Handled all tort/personal injury litigation; Civil Police forfeiture proceedings; Civil Rights/false arrest litigation; procurement litigation; election litigation; zoning litigation; draft all City contracts; represented the City on all mortgage foreclosure and bankruptcy cases; Attorney for City on all public taking/eminent domain proceedings against the Department of Transportation; acted as legal counsel for Code Enforcement Board, Civil Service Board and Planning and Zoning Board; presented cases before the Dade County Unsafe Structure Board resulting in Orders to demolish such structures; acted as legal counsel in Contract/Commercial litigation and negotiations; drafted resolutions and ordinances at the direction of the City Council. 1988-1992: CITY OF HOLLYWOOD - Assistant City Attorney, Chief Trial Attorney, City Prosecutor - Lead Trial Counsel in defending the City of Hollywood in all of its civil litigation involving personal injury claims, civil rights violations, claims for declaratory and injunctive relief and allegations of unconstitutional ordinances. Coordinator of the Law Clerk Program. Collected the most revenues for municipal prosecutions in the City of Hollywood's history. Drafted major legislation, implementing "Safe Neighborhood Act" and numerous municipal ordinances; revamped, amended, repealed and created new ordinances in accordance with new statutes and case law; Legal Counsel for the Code Enforcement Board. 1985-1987: CITY OF 1VHAMI - Chief Law Clerk Responsible for formulating legal theories and for drafting appropriate motions, memoranda, legal opinions and briefs. Researched various issues in 1983 Civil Rights cases, personal injury cases, election -related cases, workers' compensation cases and zoning violation cases. Assisted on various matters in tort, commercial, municipal, labor and contract law. TEACHING POSITIONS HELD: 1997: FLORIDA INTERNATIONAL UNIVERSITY- Adjunct Professor Taught LEGAL RESEARCH course to students through the School's Paralegal Studies Program. 1989-1996: BROWARD COUNTY COMMUNITY COLLEGE - Adjunct Professor Taught courses such as TORT LAW and INTRODUCTION TO LEGAL ASSISTING to aspiring paralegal students on a part-time basis. EDUCATION: LAW: J.D., Walter F. George School of Law Mercer University, Macon, Georgia, 1985 HONORS: Dean's List Who's Who Among Students in American Universities and Colleges Moot Court Board Client Counseling Competition Oral Finalist Award - First Year Moot Court UNDERGRADUATE: B.A., (English) Tulane University, New Orleans, Louisiana, 1981 HONORS: Dean's List Darcee S. Siegel, Esquire RFQ 1914386 Experience and Past Performance Darcee S. Siegel has been a licensed Florida attorney since 1987 and has served in the public sector for her entire 38 year legal career. Ms. Siegel's Florida Bar Number is 689580. She began her legal career with the City of Miami Law Department and then became an Assistant City Attorney for the City of Hollywood and then an Assistant City Attorney for the City of North Miami Beach and was eventually appointed to become the City Attorney for the City of North Miami Beach. As the City Attorney of North Miami Beach, she holds the distinct honor of being the first female City Attorney since the City's 1946 incorporation. She has been recognized for many years as a leading Municipal attorney in South Florida. She is the recipient of the Miami -Dade County League of Cities President's Municipal Service Award for her outstanding service and leadership in municipal law. She takes pride in having an outstanding reputation for civic pride, interest, responsibility, business and professional ability. Ms. Siegel has a vast amount of experiences with the process and procedure involving code enforcement matters. As an Assistant City Attorney for both the Cities of Hollywood and North Miami Beach, she presented and prosecuted numerous code enforcement violations before both those local tribunals. She is quite familiar with the Florida Building Codes, Municipal Ordinances and City Charters as she spent years counseling City employees on the laws and interpretations. She has continued to build on that knowledge by serving as a Special Magistrate for the past 29 plus years for the Cities of Miami, Sunny Isles Beach and the Village of Bal Harbour. In her many roles as Special Magistrate, she had presided over thousands of code enforcement violations/citations based on City Code and has rendered both oral and written orders presented before her. She has participated in both residential and commercial matters and has been asked to rule on zoning, building and life safety violations. Ms. Siegel works well with staff and presides in an efficient and expeditious manner. All hearings conducted before Ms. Siegel are conducted to ensure fundamental due process. She has and continues to have the ability and willingness to provide a quick response (usually the same day) to requests made upon her. Throughout her tenure as a Special Magistrate, she has entered orders that were orally rendered during a hearing but were not available to be signed at the hearing. Upon receipt of those orders, she immediately executed the Orders, scanned them and sent them back to staff for proper handling. Overall, if selected, the City of Miami will continue to benefit from Ms. Siegel's expertise, knowledge and service as it has from her service as a Special Magistrate. She has found her service as a Special Magistrate to be rewarding and beneficial to all residents and property owners in the City of Miami. She would be grateful to serve as a Special Magistrate and is hopeful that her proposal to do so will be acted upon favorably. 1I Darcee S. Siegel, Esquire RFQ 1914386 Technical Information 1. Ms. Siegel is able and willing to provide a quick response (possibly the same day) to requests to serve as a Special Magistrate as specified within Section 3, Specifications/Scope of Work of RFQ 1914386. 2. Ms. Siegel has no prior or pending litigation, either civil or criminal, which, may affect the performance of the services to be rendered herein, in which Ms. Siegel has been involved within the last three (3) years. 3. If selected, Ms. Siegel's appointment would not result in any current or future potential conflict of interest. Over the past five (5) years, Ms. Siegel has had no financial or contractual relationship with an employee (s), partner (s), principal (s) officer (s) or owner (s) of the City of Miami nor has she had any financial or contractual relationship with any of the City of Miami's affiliates or parent, including joint ventures, its elected or appointed official (s) or with a firm in which they were or are employed. Ms. Siegel takes no exception to the terms on this solicitation. 4. Ms. Siegel has had no City of Miami code violations within the past three (3) years. I'2. Darcee S. Siegel, Esquire RFQ 1914386 Minimum Qualifications (Section 2.7) Ms. Siegel has practiced law for the past 38 years and is a member in good standing with the Florida Bar as evidenced by the attached document. Ms. Siegel has had no record of pending lawsuits, criminal activities involving moral turpitude and shall not have any conflicts of interest with the City. Ms. Siegel is not nor will she be in arrears or in default of any debt or contract involving the City (as a party to the conflict or otherwise), nor has she or will she fail to perform faithfully on any previous contract with the City. Ms. Siegel has never been suspended by the Florida Bar, terminated or removed as an administrative Magistrate or resigned as a jurist while under investigation or removed by the Florida Supreme Court. 13 Joshua E. Doyle Executive Director State of Florida County of Leon The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850/561-5600 www.FLORIDABAR.org In Re: 0689580 Darcce S Siegel 169 Camden Dr Bal Harbour, FL 33154-1328 I CERTIFY THE FOLLOWING: I am the custodian of membership records of The Florida Bar. Membership records of The Florida Bar indicate that The Florida Bar member listed above was admitted to practice law in the state of Florida on September 4,1987. The Florida Bar member above is an active member in good standing of The Florida Bar who is eligible to practice law in the state of Florida. Dated this 25th day of January, 2025. Cynthia B. Jackson, CFO Administration Division The Florida Bar PG:R10 CTM-326781 1'� Darcee S. Siegel, Esquire RFQ 1914386 Preferred Qualifications (Section 2.8) Ms. Siegel has served as a Special Magistrate for the Village of Bal Harbour from 1996-2002; as a Special Magistrate for the City of Sunny Isles Beach from 2002-2007; and as a Special Magistrate for the City of Miami from 2007 and is currently serving in that position. ATTACHMENT F ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Name: Q A A tee- 5. 5 1£ —Officer 'tle: A I I Q /Q J) y Signature of Officer: ("1- Office Address: / 6'1 CJ P1 O EN Q R i V E, 1!-I L l-1-/i iZ (©o !Z , FL 331 9 Email Address: da rat, i eaL.l Main Phone Number: (3c 5) y 0 % - q t ..i 0 FEIN No. / - / / / / / / �J STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was to and subscribed before me by means of physical presence or El online notarization, this 1, day of � ,� (-try y i /ce¢ S. 55 eke l , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced J c, 22 as identification. (NOTARY PUB IC SEAL) hl�r Ae, PABLO AREVALO Notary Public, State of Florida Commission# HH 470324 My comm. expires Dec. 8, 2027 My Commission Expires: /02l03/0 Signatur of Person Taking Oat, (Printed, Typed, or Stamped Name of Notary Public) 1 Cover Page Dawn Grace -Jones Contact: Dawn Grace -Jones Business Address: 3943 W Lake Estates Drive Davie, Florida 33328 Business Phone: (754) 245-3409 Email: dawn@dawngracejones.com Date: 6 February 2025 Primary Address: 2287 NW 63rd Street, Miami, FL 33147 RFQ 1914386 1 Table Of Contents 1. Cover Page 2. Table of Contents 3. Profile 4. Resume 5. Proposers Information 6. References 7. Water Bill 8. Certification Statement 9. Certifications 10. Anti -Human Trafficking 2 Profile Kindly note that my experiences over the years as a magistrate hearing code compliance matters for the City of Miami Gardens and the City of Miami have both helped me understand City Codes with the more appropriate information in the City of Miami Codes. The Florida Building Codes have been a part of the vital background information I've had to review and understand within my professional journey as well. Note that being a title agent in Florida has given me lots of experiences in dealing with property matters which also includes having knowledge of the laws governing Florida property, building codes, property appraisers and tax collector information. My services have been both within my practice and as a special magistrate for Miami — Dade, Broward, and Orange Counties. I've served as an attorney in good standing since 1991. Please consider that my experience includes litigating immigration matters, personal injury matters, and handling real estate cases as I am also a title agent and registered nurse. This broad background adds to my understanding of individuals, rules, and different types of cases. I understand the importance of fairly applying rules and standards to credible evidence presented by both sides. Litigating immigration matters has helped to build my base as one who understands more about people and their daily struggles and how to help them understand how important it is to identify rules of society and the significance of working within them. There are other areas of the legal profession that I have had the opportunity to master and grow from. However, my more recent experiences as a hearing officer/ magistrate have given me the foundation that I need to work these cases in a manner that will uphold your Code, Rules and Regulations. I understand that giving all parties the opportunity to be heard and understood is vital. My background and experiences have given me the intuitiveness to fairly render decisions. 3 DAWN E. GRACE JONES 3943 W Lake Estates Drive, Davie, FL 33328 Cell: 754.245.3409 dawngracejones@gmail.com dawngracejones. com INTEREST: Legal/Medical Legal professional responsibilities to identify and solve issues BAR ADMISSION Member of the Florida Bar EDUCATION University of Miami, Coral Gables, Florida furls Doctor, May 1991 Honors: Book Award — Domestic Relations Florida Agriculture & Mechanical University, Tallahassee, Florida Bachelor of Science in Nursing, April 1983 Honors: National Dean's List; Cum Laude EXPERIENCE Dawn Grace -Jones P.A. Broward County, Florida Attorney and Counselor at Law January 2000 — Present Summary: 11t1' Circuit Traffic Hearing officer responsibilities- preside overall pre -trials, trials and parking violations. (Examination, evaluate and determine credible evidence, review rules/ordinances, decision). Arbitrator - decide lemon law matters on a pro bono basis for the Better Business Bureau. Magistrate/Special Master for City of Miami — Unsafe Structure & Code Enforcement, Miami -Dade County, Broward County, & Orange County Value Adjustment Board Special Magistrate— Property Appraiser and Tax Collector Cases- provides service as a hearing officer hearing matters involving, but not limited to, classification, homestead exemption, substantial completion, etc. City of Miami -preside over code compliance cases. Legal Practice - Personal Injury, Immigration, Real Estate Title Agent. Title/Closing Agent — Underwriter — Attorneys' Title Insurance Fund, Inc. Coverage attorney — Plaintiff Property Insurance Property Damage lst Party coverage, including but not limited to, depositions, mediations, arbitrations, and hearings. Medical/Legal Consultant for medical malpractice, civil rights, police brutality, and general personal injury cases. PIP Law. Efficient and effective verbal and written communication in a multi- cultural/multi ethnic environment. Author: Electronic Health Record — Document Properly Avoid Litigation. (ebook/dawngracejones.com). Lecturer- topics such as legal aspects of documentation in healthcare, risk and more. Adjunct Professor - graduate level policy course Florida A & M University (online). Lectures: Legal aspects of documentation, safe care, risk management, and workplace violence for professional and student development. Jackson Health System Miami, Florida Associate Director of Risk Management November 2014- October 2016 Summary: Risk investigations and follow up action plan. Lead risk team with making determinations regarding case direction. Risk liaison with County Attorney's Office re: major issues. Ethics committee participant. Clinical trials - committee participant to evaluate risk. Responsible for safety and risk management including safety education and PSO. Define initiatives to proactivity and systematically focus on systems of care to identify and correct weaknesses that adversely impact the safety of patients and employees. Responsible for day to day to day risk management activities as a cross functional risk legal advisor. Manage and analyze risk management data and patient safety activities to ensure compliance with accreditation standards and regulatory requirements with the objective of controlling and minimizing loss to patients, visitors and associates from injury and assets of the corporation from avoidable risk. Attends Medical Staff, Credentialing and Peer Review Meetings. Provide support the system on a variety of legal matters including drafting documents, interpreting laws and recommending strategy and guidance as necessary. Participate in the development of the organization's vision, policies and short/long term objectives by providing system wide presentations on topics, brainstorming with leadership to establish internal structure and prepare for implementation of new laws and proper monitoring. Problem solve potential compensatory events including advising on claims. Systemwide lecture bringing awareness re The Electronic Health Record and Litigation Prevention. Northshore Medical Center Miami, Florida Assistant Nurse Manager- Critical Care Goldencare Home Health Agency Fort Lauderdale, Florida Nursing Supervisor/Case Manager February, 2008 — January,2010 Healthcare Manager — supported the delivery of healthcare services by ensuring compliance with all regulatory standards, quality outcomes and enhancing the level of care by performance improvement measures achieved and sustained. Drafted action plans of correction for areas of concern. Quality Management, Loss Preventive Measures, Monitoring, Directing, Reporting, State and Federal Reporting and Monitoring e.g. Falls, Pain, Wounds, Infection Control. Daily Interdisciplinary rounds in ICU. Office of the City Attorney Miami, Florida Assistant City Attorney, 1997-1999 Assistant City Attorney — Counseled risk management (workers' compensation), Negotiated settlements and conducted pretrial, trial and workers' compensation proceedings; Researched court rules and relevant case law for workers' compensation; Drafted pleadings, motions and legal correspondence. Dawn Grace -Jones, P.A. Miami, Florida Attorney and Counselor at Law 1991-1997 Immigration litigation and petition/applications. Asylum, Suspension of Deportation, Exclusion, 212C. Relative and Employment Petitions. Personal Injury cases — investigation, prepare case outline, analyze and prepare case strategy, prepare demand packets, settlement negotiations. Teaching/instructing clients in a multicultural and multi ethic environment. Evaluating clients understanding of laws and protocols and advising to help them get a better understanding. Citizenship drives and other activities for the community. Community adult education instructor for Miami Dade Public Schools -Citizenship. Instructor — Fort Lauderdale College- Nurse's Assistant Course. Registered Nurse Miami, Florida Bedside, Charge, ICU, Home Health, ER 1983 — 1997; 1997- 2010 Jackson Memorial Hospital; Home Health Care USA - Various full time and part time positions as a registered nurse. Charge nurse making schedules and assignments for staff while handling a patient care load. Emergency room nursing, Intensive care nursing. Horne Health High Tech Nursing — wound care and IV therapy. Chemotherapy in the home setting. CERTIFICATIONS/LICENSES Licensed Healthcare Risk Manager, 2008; Certified Arbitrator — Better Business Bureau, 2007 Attorneys' Title Insurance Fund, Inc., 2003; Supreme Court Certified Family/County Court Mediator, 1998 Licensed Registered Nurse, 1983 COMMUNITY SERVICE As a member of a local community service clubs - Raise money for cancer research and scholarships. Habitat for Humanity - Taught prospective homeowners' health information lecturing in topic areas from heart attacks and high blood pressure to breast cancer. Walk for various causes- Breast Cancer, Diabetes. Proposer's Information I have experience and expertise, and I am qualified to serve as Special Magistrate for the City of Miami, Code Compliance because as a Special Master for the City of Miami Gardens, I gained direct experience presiding over their Code Enforcement matters and Red Light Camera cases. This position requires that I listen to testimony, review evidence presented, and make a determination as to whether or not the property owner has violated the City Code as alleged by the Code Enforcement Officer. Being the Special Magistrate over Red Light Camera has also been an experience within the City of Miami Gardens and the City of Miami that have both added greatly to my ability to render fair and impartial decisions understanding how to properly apply the law to credible facts while weighing evidence. Serving as Special Master for the City of Miami Ticketing Appellant Special Master which requires that I preside over the code enforcement hearings has caused me to have a greater understanding of what is required as a Code Special Master. Showing integrity and responsibility has been necessary as I have worked hearing cases in different settings for several years now. This process is well understood and appreciated. Additionally, I serve as an Arbitrator for the Better Business Bureau, where I gain more hearing experience by ruling over Lemon Law cases, weighing evidence, and considering credible testimony and documentation, then rendering a decision. Previously, I have worked in many areas of Real Estate Law including serving as a Title Agent with Attorneys' Title Insurance Fund, Inc., as my underwriter. My experience as a Title Agent helped me to understand a broad spectrum of Rules and Regulations as it relates to order and compliance and the responsibilities associated with property ownership. Moreover, my experience goes further in property matters as I serve as Special Master for the Broward Value Adjustment Board where I hear cases involving Property Appraiser and Tax Collector issues. Considering my experiences, I am requesting that you select me as a Magistrate for the City of Miami Code Compliance Hearings. Licenses: The Florida Bar 897523 Expires 2025 Registered Nurse 1465502 Expires 2026 Arbitrator 11289 CF All licenses are in good standing All positions listed for the City of Miami Gardens as a magistrate are comparable to this position as those positions are as a magistrate. All positions listed for the City of Miami as a magistrate are comparable to this position as those positions are as a magistrate. 4 Note that within the last 5 years: 11th Circuit — Traffic Hearing Officer — contact the office of the Director of County Criminal Operations, Administrative Office of the Courts, Mikaela Koons -Velazquez, Esq 305.548.5330. This position started in 2022. City of Miami — Ticketing Appellant Special Master — code cases — Contact Olga Zamora 305.416.2031. This position started in approximately 2019. City of Miami Gardens — Code Enforcement and Red Light Camera Special Master — Contact Sonja Dickens, Esq City Attorney. 305.622.8000. This position started in approximately 2013. Stopped this position within the last 2 years as required by the 11th Circuit based on case type. Better Business Bureau — Lemon Law Arbitrator — Contact Elizabeth Edwards, Arbitration Coordinator 703.247.3657. This position started in 2007. All work shall be performed immediately as availability and required responses shall be made known to the person making the schedule as requested. All information needed for the team to complete our tasks shall be made available as it becomes known and produced. There are no matters pending or completed litigation, claims made, contract disputes or defaults and liens arising in regard to me or my company's performance of any services arising in the last three years prior to the date of this solicitation. There are no code violations nor conflicts of interests based on the selection of this Proposer. There are no matters that have presented a conflict of interest. There are no matters pending that have presented a conflict of interest. I am currently an appointed 11th Circuit Traffic Hearing Officer and that is my primary source of income. I am paid via direct deposition and there are no check stubs for this position. I have not received any code violations within the City of Miami. 5 RFQ NO.: 1914386 Attachment A Reference Submittal Form CATEGORY: Special Magistrate Services FIRM NAME: Reference Section Summarized Requirements: Refer to the details in Section 2.9, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 /� Company/Organization Name: �e! (22 )ci i to 6s r/it& Address: 1 40-7 Co 1 n.-N'AI✓l6.-fiwew1 der, /AAe'C—n , khd, 2z..302 .-Y9i ' Contact Person: M As Li ( , r 'hp Contact Phone Number: 6 3 — Li "7 - Q 23 53 Contact E-mail (if applicable): pJcL tko La bb Ayo. or, . Date of Contract or Sale:)u Past Performance Reference Check #2 c,re.:. t `iA" Company/Organization Name: �l/aPfed..,. gitill CAprf., -- L Kl-oR,A Address: 13 J ( IQ , %,,,,j L 27` ,tip, - ,S-u 7 AA's3e*"-'7,1 `' ' Contact Person: .14 , n. ,..L. ,_j ,-,,,,t).t._ te,1-e.. / (r Gr -(- Contact Phone Number: 3o Sr -• 5 `1 ? - St 2.t-D Contact E-mail (if applicable): ).-DceYou}-1.... Gv )of l i • ei Q rt-3 . v.ry J Date of Contract or Sale: ,2.2- Past Performance Reference Check #3 Company/Organization Name: (,• ®Fic_;..6 v-- Le•A A-c.{(�..._ S.. _- Address: I o ,S () 73; 5 G�.yn..t. 41 Jca roc) d�, M:et- .- 3 3 t 1'( , Contact Person: Ct -k-±bra7 I...0v., Odes...._ Contact Phone Number: T' (:, �(0 -7 17'1 7 (.o Contact E-mail (if applicable): .Ip oyyve , c d u- of ;..9 r+•'f-1 . owl" ' Date of Contract or Sale: 1 References City of Miami Gardens —Special Master regarding Code Enforcement & Red Light Camera Matters Sonja Dickens, City Attorney City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, Florida 33056 (305)622-8000 (305)622-8001 fax sdickens@miamigardens-fl.gov Nicole Dixon Scott, Assistant City Attorney City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, Florida 33056 (305)622-8000 (305)622-8001 fax Nicole.dixonscott@mgpdfl.org Mario Bataille, City Clerk City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, Florida 33056 (305)622-8000 (305)622-8001 fax mbataille@miamigardens-fl.gov Better Business Bureau Auto Line — Lemon Law Cases/Arbitrator Elizabeth Edwards, Arbitration Coordinator Better Business Bureau 1676 International Dr McLean, VA 22102-3999 (703)247-3657 eedwards@bbbnp.org 6 Request for Qualifications (RFQ) 1914386 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 (FIRM): 1 )(tqA) Cam-W ADDRESS: 0 t/ (p3 s'i� rt-tt4 -759..2.-13. 3 Ll 0 1' PHONE: FAX: c CELL(Optional): SIB ED BY: _, '•RINT NAME: 6eit TITLE: M s 5 i1 ( DATE: / 02 `I G4� a aQ 1 Cwc-c, . EMAIL: — FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE, Request for Qualifications (RFQ) 1914386 Legal Name: r. Certifications t�✓1 �-,�A-ce, -J Gv�� Residence Location: City of Miami, Miami -Dade County, or Other (Please list): 0 i4,,f1,1 9 .7 vL) t.t) LP S 31 Le Office Location: City of Miami, Miami -Dade County, or Other: 'Isa Gam- `S 5• A y J uv/ ! kA ;E - 333 2 Florida Legal License Information (Bar Number): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (e.g., Addendum No. 1, 1/1/25). If no addendum/addenda was/were issued, pleynse insert N/A. Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including, without limitation #2, Tern, #6 Audit and Inspection Rights and Records Retention, #a Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Termination, Obligation Upon Termination, #15 Nondiscrimination, and #23 City Not Liable for Delays), are non-negotiable. 44. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. ATTACHMENT F ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287,138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, 1 declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: (t IP " uS Officer Title: tr/A.et1 4 C„w,r Name: Signature of Officer: Office Address: `(_- (t' i' _J ,5j Email Address: daLfrne,�Qt,�+ea -fo" Maine on Number: 7 • 31'`rS--• 3�i�%' FEIN No.2/ //(17z0 if/ O STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was sworn to and subscribed before me by means of physical presence or O online notarization, this 4 day of /04.4 , COLT. by Dawn a rge,n, .1e..es, as the authorized officer or representative for the nongovernmental entity„ He/she is personally known to me or has producedOviva.9 Gaeawk as identification. CECIUIOJ. SANCHEZ ' MY COMMISSION # HH 189812 EXPIRES: October 21, 2025 Bonded Thru Notary Public Underwriters My Commission 'xpires: ` •� %Anafur e of Person Takin(Oath CA I (6'0 SaV‘aI.tZ (Printed, Typed, or Stamped Name of Notary Public) Request for Qualifications (RFQ) 191438 ADDRESS: 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 ail 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 (1) 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 (FIRM): Richard Gendler, LLC PO Box 450135 Fort Lauderdale, FL 33345-0135 PHONE: (305) 522-6225 FAX: Rgendler@Miami-L. om (305) 522-6225 EMAIL: CELL(Optional): SIGNED BY� TITLE: Managing',T` her/Attorney PRINT NAME: Richard Gendler, Edquire DATE: February 5, 2025 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Request for Qualifications (RF)) 1914386 Certifications Legal Name: Richard Gendler, LLC Residence Location: City of Miami, Miami -Dade County, or Other (Please list): Broward County, Florida Office Location: City of Miami, Miami -Dade County, or Other: Broward County, Florida Florida Legal License Information (Bar Number): FL Bar # 103675 Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (e.g., Addendum No. 1, 1/1/25). If no addendum/addenda was/were issued, please insert N/A. Addendum 1 1/31/25 Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including, without limitation #2, Tern, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Termination, Obligation Upon Termination, #15 Nondiscrimination, and #23 City Not Liable for Delays), are non-negotiable. I acknowledge that if awarded, I will be required to execute the Professional Services Agreement in substantially the attached form. In addition, I acknowledge that certain clauses (including, without limitation #2, Tern, #6 Autht and Inspection Rights and Rec. ds Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Terminatio Upon Termination, #15 Nondiscrimination, and #23 City Not Liable for Delays), are non-negotiable. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQU ,li� I4I RESPONSE. Cover Page for RFQ NO. 1914386 Proposer's Full Legal Name: Richard Gendler, LLC Proposer's Primary Office Location: 11235 NW 18 Court, Plantation FL 33323 Proposer's Primary Business Address: 11235 NW 18 Court, Plantation, FL 33323 Proposer's Business Phone: (305) 522-6225 Proposer's Email Address: Itgendlcr;a Miami-Law.com Proposer's Title: Managing Member/Attorney Table of Contents Profile o Resume' Pages 1-8 Proposer's Information o Minimum and Preferred Qualification Requirements Met o How Proposer meets Section 2.7 minimum qualifications Page 9 o How Proposer meets Section 2.8 preferred qualifications Page 9 o Proposer's Experience and Past Performance o Years Proposer in profession and specialty Page 9 o Proposer's Bar Number Page 9 o Proposer's magistrate performance and experience Page 10 o Attachment A, Reference Submittal Form Page 11 o Technical Information o Responsiveness, ability and willingness to serve as Identified in Section 3 Page 12 o Representation of no civil or criminal pending litigation Page 12 o Representation of no conflict, financial or contractual relationships Page 12 o Representation of no Code Violations Page 12 0 Additional Required Documents o Addendum 1 o Anti -Human Trafficking Affidavit Page 13 Page 14-18 Includes, but is not limited to, information pertaining to background, years in active practice as attorney and magistrate, and statement on how Proposer's professional background qualities proposer to serve as a special magistrate for the City of Miami. RICHARD S. GENDLER, MTX, J.D., LL,M., J.S.D. Professor of Ethics and Law, Special Magistrate, Arbitrator, and Attorney At Law (305) 522-6225 R,riendl er(a'Gen dlerla wt'ers. coat Employment Palm Beach County, Special Magistrate, 20 i 8 to Present Preside over hearings and make findings of fact and conclusions of law as necessary to enforce various building and zoning related codes and ordinances. Issue subpoenas take testimony under oath, and issue orders having the force of law requiring whatever steps are necessary to ensure compliance with the County's Codes. Levy fines and lien property where violations are not corrected within the timeframe ordered. Town of Surfside, Special Magistrate, 2022 to Present • Preside over hearings and make findings of fact and conclusions of Iaw as necessary to enforce various building and zoning related codes and ordinances. • Take testimony under oath, and issue orders having the force of law requiring whatever steps are necessary to ensure compliance with the Town's Codes. • Levy fines and lien property where violations are not corrected within the tirneframe ordered. City of Hollywood, Special Magistrate, 2024 to Present • Preside over hearings pertaining to alleged violations of City Code and Ordinance regarding housing, landscaping, property maintenance, building, zoning, and sign codes, as well as health, welfare and safety standards. Impose fines, lines and other penalties against violators. Florida Atlantic University, Ethics and Law Professor, 2014 to Present Teach Business Ethics Teach Business Law Director of Ethics, Law, and Society Certificate Program (2019 to 2023) Member Faculty Senate Member National Metrics Committee • Member Faculty Policy and Procedures Committee • Faculty Affiliate, Peace, Justice, and Human Rights Initiative • Business Law and Ethics Coordinator • Member Assessment Committee FINRA, Arbitrator, Arbitrator, 2020 to Present • Preside over securities arbitration hearings. Take testimony Make findings of fact and conclusions of law Issue arbitration awards. Demars & Associates Ltd, Arbitrator, 2022 to Present • Preside over honk builder and automobile manufacturer arbitration hearings. Take testimony Make findings of fact and conclusions of law Issue arbitration awards. National Center for Dispute Settlement, Arbitrator, 2021 to Present. • Preside over automobile manufacturer arbitration hearings. • Take testimony • Make Endings of fact and conclusions of law • Issue arbitration awards. Gendler & Gendier, PLLC, Managing Member, 2024 to Present Represent individuals and corporations in myriads of legal issues including but not limited to real estate transactions, bankruptcy proceedings, civil litigation, and estate planning matters. Thomas Jefferson School of Law, Adjunct Professor and Co -Faculty Director, 2012 to 2024 • Co -Faculty Director for J.S.D. program • Teach Business and Consumer Bankruptcy, Loan Workouts, and Consumer Compliance Richard S. Gendler & Associates, P.A, Managing Shareholder, 1998 to 2017 • Represent corporate debtors in chapter 7 bankruptcy proceedings 2 • Represent individual debtors in chapter 7, 1.1 & 13 bankruptcy proceedings. Represent consumers and corporate entities in residential and commercial foreclosures. Represent purchasers and sellers in residential real estate transactions. Supervised and trained associate attorneys and staff. Marcia T. Dunn & Associates, P.A., Associate Attorney, 1997 to 1998 • Represented consumer debtors and corporations in chapter 7 bankruptcy proceedings and individuals in chapter 13 bankruptcy proceedings. Robbins, Tunkey, Ross, Amsel, Raben & Waxmam, P.A., Associate Attorney, 1995 to 1997 • Represented defendants in criminal proceedings in State and Federal Court in cases involving murder, drug trafficking, sexual battery, driving under the influence, robbery, violations of probation/community control, battery, assault, and grand theft. Education • University of Miami School of Law, Coral Gables, Florida, J.D. (Doctor of Jurisprudence) • Thomas Jefferson School of Law, San Diego, California, J.S.D. (Doctor of Science of Law) • Thomas Jefferson School of Law, San Diego, California, Summa Cum Laude, LL.M. (Master of Law) Florida Atlantic University College of Business, Boca Raton, Florida, MTX (Master of Tax) Florida State University College of Law, Tallahassee, Florida, LL.M. (Master of Law: Regulatory Compliance: In Progress) • University of Hartford, West Hartford, Connecticut, B.A. (Bachelor of Arts) Licensure and Certification Licensed to practice law in State Courts of Florida, United States District Court in and for the Southern District of Florida, United States Bankruptcy Court in and for the Southern District of Florida, United States Tax Courts, and Eleventh Circuit Court of Appeals. • Scholarly Academic (SA) Qualification underAACSB Standard 15 Service and Professional Development to Profession 3 Florida Bar, Committee Appointee, 2018 to 2021 • Appointment to the Student Education and Admissions to the Bar Committee Florida Bar, Committee Vice Chair, 2016 to 2019 Serve as Vice Chair of Seventeenth Judicial Circuit. Grievance Committee "E" Florida Bar, Committee Appointee, 2015 to 2018 Appointment to the Law Education Committee Florida Bar, Committee Appointee, 2013 to 2015 • Appointment to the Federal Rule Practice Committee and Education Subcommittee. Bankruptcy Mortgage Mediation Committee, 2012 to 2015 • Appointment to the Bankruptcy Mortgage Mediation Committee for the United States Bankruptcy Court for the Southern District of Florida. Service to Community • Temple Kol Ami Emmanuel o President, 2022 to 2024 o Executive Vice President of Administration, 2021 to Present. o Executive Vice President of Education and Youth, 2020 to 2021 © Executive Vice President of Rituals, 2018 to 2020. Debbie's Dream Foundation to Cure Stomach Cancer, Board of Directors, 2020 to Present Debbie's Dream Foundation to Cure Stomach Cancer, Gala Committee member, 2011 to 2019. • Plantation Acres Homeowners Association, Board Member, 2020 to Present. • Bravo Estates Homeowners Association, Vice President, and Treasurer, 2003 to Present. Awards 4 Florida Atlantic University, College of Business, University Faculty Service Award Nominee, 2021 Florida Atlantic University, School of Accounting Graduate Professor of the Year, 2021 Publications Gendler, Richard, DiCicco, Joel, Young, George, and Minkova, Teodora, Tax Advisor, Volume 54, Number 6, June 2023 Volume 54 Number 6 June 2023, Tax Fraud Dischargeability [Pages 20 — 38] • Dicicco, Joel, Gendler, Richard, Florida CPA Today, Volume 38, Number 1 Winter, 2022, Accounting vs. U.S. Tax Taxation for Derivatives: Book Tax Differences Are Here to Stay [Pages 22 — 24] Dicicco, Joel, Gendler, Richard, Filatova Uliana, Minkova, Teodora, OIV Journal, Volume 3, Issue 1, Spring 2021, Level 3 Reporting Quality: Trend Analysis of Derivative Instruments' Restatements [Pages 9 — 15] DiCicco, Joel, Gendler, Richard, Filatova Uliana Journal of Medical Practice Management: MPM (2020) Personal Goodwill and the Courts: An Analysis [Pages 41 — 46] Crain Michael, Hopwood William, Young George, Gendler, Richard, Pacini, Carl (2019) American Institute of Certified Public Accountants, Essentials of Forensic Accounting. [Pages 55 -- 143 (Chapter 3 Civil and Criminal Procedure, Chapter 4 Evidence and Chapter 5 Discovery)]. • Gendler, Richard (2014) Mortgage Cramclown in Bankruptcy, American Bankruptcy Institute Law Review [Pages 329 — 393] Gendler, Richard (2013) Is Absolute Priority Rule "Absolute "for an Individual Chapter 11 Debtor? American Bankruptcy Institute Committee Newsletter. [11-6 AM. BANKR. INST. COMM. NEWS (Dec. 2013)]. • Gendler, Richard (2012) Categorizing Tax Liabilities for the Applicability of the Means Test, American Bankruptcy Institute Journal [31-AUG Am. Bankr. Inst. J. 18] Editor, McGraw Hill Education for Essentials of Business Law, Ninth Edition by Anthony Liuzzo. Preparation of instructor's manual, test bank questions, PowerPoint slides and end of chapter quizzes for the textbook. (2014 to 2015). Contributing Editor, McGraw Hill Education for Dynamic Business Law, The Essentials, 5 Third Edition by Nancy Kusabek, Neil Browne, Lucien Dhooge, Daniel Herron and Linda Barkacs. Prepared end of chapter quizzes for the textbook. (2014) Works in Progress • Working Title: Chapter 13 Bankruptcy Income Tax Dischargeability: A Historical Public Policy Perspective • Working Title: Tax Fraud Dischargeability Presentations and Proceedings • March 2021, Presentation on Business Ethics, Florida Atlantic University Professional and Sport EMHA Leadership Executive Forum. Presentation to graduate students regarding corporate social responsibility and ethical leadership skills. • February 2021, Presentation on Business Ethics, Florida Atlantic University Professional and Sport PMBA/MBA Leadership Executive Forum. Presentation to graduate students regarding corporate social responsibility and ethical leadership skills. • December 2020, Presentation on FAU Employee Computer and Ernails Privacy Issues, Florida Atlantic University College of Business Faculty and Staff Meeting. Presentation to FAU Employees regarding legal privacy considerations when using FAU computers and email account. • September 2020, Presentation on Business Ethics, Florida Atlantic University Professional and Sport MBA Leadership Executive Forum. Presentation to graduate students regarding corporate social responsibility and ethical leadership skills. June 2019, Seminar on Forensic Accounting, Florida Atlantic University Center for Forensic Accounting. Presentation to Certified Public Accountants regarding relevant enhanced skills for forensic accountants including testifying, evidence, and expert 6 reports in family and bankruptcy litigation. Attendees received continuing professional education credit. • May 2019, The U.S. Fight Against Corruption, Universidad Nacional De Tres De Febrero and Florida Atlantic University College of Business. Presentation to Argentinian academics and public officials regarding the Federal Corrupt Practices Act, Racketeer Influenced and Corrupt Organizations Act and Law 27.401 of the Argentine Criminal Code. • August 2018, Seminar on Forensic Accounting, Florida Atlantic University Center for Forensic Accounting. Presentation to Certified Public Accountants regarding relevant enhanced skills for forensic accountants including testifying, evidence, and expert reports in family and bankruptcy litigation. Attendees received continuing professional education credit. • January 2016, Discharging Income Taxes in Consumer Bankruptcy Cases, Florida Institute of Certified Public Accountants. Presentation to Certified Public Accountants regarding requirements of discharging income taxes in consumer bankruptcy. Attendees received continuing professional education credit. • April 2015, Horne Mortgage Crantdown in Bankruptcy, Kansas State Bar Association. Presentation regarding home mortgage cramdown research study published in the summer, 2014 edition of the American Bar Institute/St John's University Law School Law Review. Attendees received continuing legal education credit. 7 • May 2014, Home Mortgage Cramdown in Bankruptcy, Thomas Jefferson School of Law. Presentation regarding J.S.D. dissertation regarding home mortgage cramdown research study at the law school graduate reception. • October 2013, Lien Stripping in Consumer Bankruptcy, Bringing or Defending Actions to Avoid Junior Mortgage Liens, Strafford Publications. Attendees received continuing legal education credit. • March 2013, Topical Issues in Consumer Bankruptcy, University of Miami School of Law Bankruptcy Assistance Clinic. • January 2013, Tax Issues in Consumer Bankruptcies, Navigating Discharge of Tax Liability, Impact ofTax Obligations on Means Testing, and Debt -Related Tax Consequences, Strafford Publications. Attendees received continuing legal education credit. July 2011, Best Practices, for Handling Foreclosures and Delinquencies Among Condominium Owners, Brickell Homeowners Association Property Managers Forum. 8 Proposer's Information A. Minimum and Preferred Qualification Requirements Met: i. Minimum Qualifications Met 1. I have practiced Iaw for 28 years which Iar exceeds the 5-year minimum. 2. I am and have been a member in good standing of the Florida Bar for 28 years. 3. I have no record of pending lawsuits against me, or criminal activities involving moral turpitude, nor do I have any conflicts of interest with the City; 4. 1 am not in arrears or in default of any debt or contract involving the City (as a party to the conflict or otherwise), nor have I failed to perform faithfully on any previous contract with the City; and 5. I have never been suspended by the Florida Bar, terminated or removed as an administrative Magistrate or resigned as a jurist while under investigation or removed by the Florida Supreme Court. ii. Preferred Qualifications Met 1. I have worked as a magistrate for Palm Beach County for more than 8 years, as a magistrate for the Town of Surfside for more than 2 years, and as a magistrate for the City of Hollywood for 4 months. B. Proposer's Experience and Performance i. The following is Proposer's experience and past performance generally as it pertains to the instant RFQ: 1. I have been an attorney, licensed in Florida for 28 years. As an attorney I have practiced in the areas of alternative dispute resolution (as a special magistrate and arbitrator), local government, real estate, contracts, criminal, and bankruptcy. 2, I have taught alternative dispute resolution, ethics and law for the past 15 years to undergraduate and graduate students at Florida Atlantic University. I have also taught law and legal research at the Thomas Jefferson School of Law's online graduate program for 10 years (2013 to 2023) ii. Proposer's Florida Bar Number is 103675 cl iii. Proposer's specific past performance and experience in relation to the services requested in the instant RFQ, including past experience as a hearing officer or magistrate includes. 1. I have served as a code enforcement special magistrate continuously for almost 9 years (from August 2016 to present), starting with my first special magistrate appointment with Palm Beach County, to my next appointment with the Town of Surfside, to my most recent appointment with the City of Hollywood. 2. In addition to servicing as a code enforcement special magistrate, my experience as a neutral includes me serving as an Arbitrator over the last five years for FINRA (securities claims), Demars and Associates (contractual disputes), and the National Center for Dispute Settlement (automobile disputes). 3. In addition to serving as a code enforcement special magistrate and arbitrator, nay experience as a natural includes me serving as vice chair of a Florida Bar Grievance Committee for three years (2016 to 2019). IG RFQ NO.: 1914386 Attachment A Reference Submittal Form CATEGORY: Special Magistrate Services FIRM NAME: Richard Gendler, LLC Reference Section Summarized Requirements: Refer to the details in Section 2.9, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Prime Contractor Preside over hearings and make findings of fact and conclusions of law as necessary to enforce various building and zoning related codes and ordinances. Preside over hearings and make findings of fact and conclusions of law as necessary to enforce various_ building and zoning related codes and ordinances. Company/Organization Name: Palm Beach County Code Compliance Address: 2300 N Jog Rd, West Palm Beach, FL 33411 Contact Person: Robert Santos-Alborna, Director of Code Compliance Contact Phone Number: (305) 761-8730 Contact E-mail (if applicable): Rsantos-alborna@miamigov.com Date of Contract or Sale: before beronnwg the director of Cod,. Cociaplianre i'rr th' City ofMiarmi I haL14, been a special magistrate for Palm Beach County since August 2016 (i.e., August 2016 to Present) Past Performance Reference Check #2 Prime Contractor Company/Organization Name: Town of Surfside Code Compliance Mr. Santos-Alborna was director of Code Compliance for Palm Beach County Address: 9293 Harding Avenue Surfside, FL 33154 Prime Contractor Contact Person: Carmen Santos-Alborna, Director of Code Compliance Contact Phone Number: (305) 861.4863 Contact E-mail (if applicable): csantos-alborna@townofsurfsidefl.gov Date of Contract or Sale: October 2022 to Present Preside over hearings pedainirr+:i to alleged violation of Oily Code and Ordinance regarding housing. landscaping, proporty maintenance. building, zoning, ,aril sign codes, as well as health, welfare and safety ;t,rrlilY rdl Past Performance Reference Check #3 Company/Organization Name: City of Hollywood Code Compliance Address: 2600 Hollywood Blvd Hollywood, FL 33020 Contact Person: Shantrece Blanchard, Code Compliance Magistrate Specialist Contact Phone Number: (954) 921-3061 Contact E-mail (if applicable): SBLANCHARD@hollywoodfl.org Date of Contract or Sale: October 2024 to Present 1 t1 C. Technical Information i. Proposer is able and willing to provide a quick response, including the same day, to requests to serve as a Special Magistrate as specified within Section 3, Specifications/Scope of Work of the instant RFQ. Proposer represents that there is no prior or pending litigation, either civil or criminal, which may affect the performance of the services to be rendered under the instant RFQ. iii. Proposer represents that if he were to be selected to perform the duties called for under the instant RFQ, it would not result in any current or future conflict of interest. Proposer warrants that he does not have any financial or contractual relationship with any employee(s), partner(s), principal(s), officer(s), or owner(s) of the firm, and/or the firm or any affiliates or parent including joint ventures, and has not had over the past five (5) years with any City of Miami elected or appointed official, Or with a firm in which they were employed. iv. Proposer has not had a City of Miami code violation issued to him in any capacity over the past three (3) years. SIGNATURE: Tau of JHit i ANNIE PI:RtZ, CPPO ARI Iit1R NORII.Gj! V i'rtLi[yenrent Director ('ity Manager ADDENDUM NO. 1 RFQ NO. 1914386 January 31, 2025 REQUEST FOR QUALIFICATIONS FOR SPECIAL MAGISTRATE SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Tuesday, February 11, 2025 at 2:00 PM. B. The deadline for the submission of Requests for Clarification has been changed to Friday, February 7, 2025 at 5:00 PM. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. AP:jg Annie Perez, CPPO Chief Procurement Officer/Director of Procurement City of Miami Procurement Department cc. Robert Santos-Alborna, Director, Code Compliance Thomas Fossler, Assistant City Attorney, Office of the City Attorney Yadissa A. Calderon, CPPB, 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: Richard Ge f% r/�` DATE: By: Richer. • q. Managing MemberAir ,dgi February 5, 2025 3 ATTACHMENT F ANTI -HUMAN TRAFFICKING AFFIDAVIT I. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1, 2. Under penalties of perjury, I declare the following: a, I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section I are true and correct. b. I ant an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Richard Gendler, LLC Name: Richard Gender, Esq. Signature of Officer: Office Address: PO Box 45 Email Address: Rgendler@miami-law.com FEIN No.8 /2-0 /8 / 4/ 6/ 6/9 / 1 STATE OF FLORIDA COUNTY OF MIAMI-DADE Title: Managing Member/Attorney Main Phone Number: (305) 522-6225 The foregoing instnunent was sworn to anti snhscribcd helore me by means of 0 physical presence or ❑ online notarization, This ' ) day of . , sr r r , i by 3 i c. I Cs r L i ..as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me. or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: ��i ELIZA/3E rH MARIA PEARLMAN `g,Notiry Public -State of Florida •= Commission R HH 248247 My Commission Expires °!`, Aprit 01, 2026 Signature of Person Taking Oath (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) it is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his wilt; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 16 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687,071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexua[ activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexua[ desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C.. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775,082, s. 775 083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775,083, ors. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775,084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775,082, s. 775,083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775,082, s. 775,083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775 084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s, 775,083, or s. 775, 084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.08Z, s. 775.083, or s. 775,084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775 083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shalt develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sate of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932,7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. l3 (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shalt determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s, 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright b 1995-2024 The Florida Legislature • Privacy Statement • Contact Us