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HomeMy WebLinkAbout25692AGREEMENT INFORMATION AGREEMENT NUMBER 25692 NAME/TYPE OF AGREEMENT BECKER & POLIAKOFF, P.A. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/FEDERAL LOBBYING SERVICES RFQ NO. 1790386/FILE ID: 17536/R-25- 0175/MATTER I D : 25-1966 EFFECTIVE DATE July 28, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/28/2025 DATE RECEIVED FROM ISSUING DEPT. 7/29/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Charles Johnson EXT. 1906/1924 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: BECKER & POLIAKOFF P.A. IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): PSA Becker & Poliakoff, P.A. - FQ 1790386 Federal Lobbing Services COMMISSION APPROVAL DATE: 6/17/2025 FILE ID: 17536 ENACTMENT NO.: 25-0175 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER July 8, 2025 Annie Perez, CPPO 16:19:19 E —4-.d SIGNATURE: �^^-- ������������ SUBMITTED TO RISK MANAGEMENT July 9, 2025 David Ruiz I 07:12:16 E7T..c.,.ede, SIGNATURE: rvottAt Go,',vy SUBMITTED TO CITY ATTORNEY matter 25-1966 July 23, 2025 George K. Wysong 1 17:40:18 EDT SIGNATURE: III t ovv)t, t- RISO uU APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER July 23, 2025 Larry Spring, I 10:10:44 EDT SIGNATURE: CPA 9 ao.. fah SP"� r� ES�a APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER July 24, 2025 Natasha Colebrook 5 IAlfl'1kEg : EDT_ -Williams N.z,�d- Ce[.6,..4-W L& . , RECEIVED BY CITY MANAGER July 28, 2025 IAP:3'TSighl V SIGNATURE: avf(uv hbviuy, SUBMITTED TO THE CITY CLERK July 28, 2025 I Ttl¢SFI9n fflr SIGNATURE: rl'� "- PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Charles Johnson Contact Person Sr. Procurement Contracting Manager Title 7/8/2025 Date: Procurement Requesting Client (305) 416-1924 Telephone Legal Service Requested: Matter 25-1966: PSA Becker & Poliakoff, P.A. - RFQ 1790386 Federal Lobbing Services Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: RFQ 1790386 — Federal Lobbying Services — Pre -Qualified Pool 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ x City Commission — RESOLUTION No. 25-0175 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? The provision of federal lobbying services for the Office of the City Manager 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of the City Manager 5. IS THE AWARDEE INCUMBENT? Newly established Pool, but 1 firm is the incumbent provider for the City under the current contract 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A — Pricing will be determined by the Office of the City Manager 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? 8/12/2025 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? RFQ — Pool contract — Individual assignments will be made on a project -by -project basis by the Office of the City Manager City of Miami, FL RFQ 1790386 July PROFESSIONAL. SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this 28thday of , 2025 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and Becker & Poliakoff, P.A., a Florida profit corporation, whose principal address is 1 East Broward Boulevard, #1800, Fort Lauderdale, FL 33301, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on May 1, 2024 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Federal Lobbying Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386), and all 1 Federal Lobbying Services City of Miami, FL RFQ 1790386 associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, June 5, 2024, in response to RFQ 1790386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in 2 Federal Lobbying Services City of Miami, FL RFQ 1790386 descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated June 5, 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of seven (7) years: Initial term of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not 3 Federal Lobbying Services City of Miami, FL RFQ 1790386 limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. 4 Federal Lobbying Services City of Miami, FL RFQ 1790386 B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain 5 Federal Lobbying Services City of Miami, FL RFQ 1790386 and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 Federal Lobbying Services City of Miami, FL RFQ 1790386 8. AWARD OF AGREEMENT: Consultant 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 Agreement 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 Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) 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; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) 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; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be Federal Lobbying Services City of Miami, FL RFQ 1790386 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords(amiamiigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2"d Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 Federal Lobbying Services City of Miami, FL RFQ 1790386 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 Federal Lobbying Services City of Miami, FL RFQ 1790386 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement).. Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 Federal Lobbying Services City of Miami, FL RFQ 1790386 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 Federal Lobbying Services City of Miami, FL RFQ 1790386 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 Federal Lobbying Services City of Miami, FL RFQ 1790386 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 14 Federal Lobbying Services City of Miami, FL RFQ 1790386 TO CONSULTANT: Omar Franco Becker & Poliakoff, P.A. 1 East Broward Boulevard #1800 Fort Lauderdale, FL 33301 Phone: (202) 731-3401 Email: ofranco@beckerlawyers.com TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 George K. Wysong, III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be 15 Federal Lobbying Services City of Miami, FL RFQ 1790386 determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services 16 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of 17 Federal Lobbying Services City of Miami, FL RFQ 1790386 days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 18 Federal Lobbying Services City of Miami, FL RFQ 1790386 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, 19 Federal Lobbying Services City of Miami, FL RFQ 1790386 agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, 20 Federal Lobbying Services City of Miami, FL RFQ 1790386 such violation shall be cause for termination of the Contract. Furthermore, the Consultant(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Consultant(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. ANTITRUST VIOLATOR VENDORS: Pursuant Section 287.137, Florida Statutes, 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. 33. ANTI -HUMAN TRAFFICKING: Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, 21 Federal Lobbying Services City of Miami, FL RFQ 1790386 and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Consultant 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 Exhibit "E". If the Consultant 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 Consultant for any additional compensation or for any consequential or incidental damages. 22 Federal Lobbying Services City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: By: "Consultant" Becker & Poliakoff, P.A., a Florida profit corporation By: Print Name: Omar Franco Name: (II I C N vi )—ct 01 ill- Title: Senior Director_. Title: 6 :u rJ i n M C vt 4 410 rn i i. 5--(L. -i-L,! PU • COLLEEN LAPLANT s MYCO},1MISSION# HH 093032 «" •e l: P11:19: June 16, 2026 Bonded•ihr PublloUnderwdlcl ATTEST: Signed by: Todd B. Hannon City Clerk "CITY" CITY OF MIAMI, a Florida municipal corporation By: Arthur Noriega V City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: DS TiAiLF By. �Doc.. gnetl by � NO ui George K. Wysong, III 25-1966 City Attorney 23 Federal Lobbying Services By:7,0,163.21.7 [ray GooH vy David Ruiz, Interim Director Department of Risk Management City of Miami, FL RFQ 1790386 EXHIBIT A RFQ No. 1790386 24 Federal Lobbying Services City of Miami Solicitation RFQ 1790386 Solicitation RFQ 1790386 Federal Lobbying Services Solicitation Designation: Public 5/10/2024 10:53 AM p. 1 City of Miami Solicitation RFQ 1790386 City of Miami 5/10/2024 10:53 AM p. 2 City of Miami Solicitation RFQ 1790386 Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question &Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Pre -Solicitation Conference Solicitation Comments Addendum # 1 Item Quantity Unit Price Delivery Location Solicitation RFQ 1790386 Federal Lobbying Services RFQ 1790386 Federal Lobbying Services May 1, 2024 5:00:12 PM EDT May 31, 2024 5:00:00 PM EDT May 15, 2024 5:00:00 PM EDT Charles Johnson 305-416-1924 cjohnson@miamigov.com See Specifications See Specifications 180 days May 8, 20241:30:00 PM EDT (Online) Attendance is optional Added on May 10, 2024: Addendum No. 1 Item Response Form RFQ 1790386--01-01 - Please disregard this line item. See RFQ Document 1 each City of Miami City of Miami Department of Procurement 444SW2ndAve 6th Floor Miami FL 33130 Qty 1 Description Please disregard this line item. See RFQ document. 5/10/2024 10:53 AM p. 3 City of Miami Solicitation RFQ 1790386 5/10/2024 10:53 AM p. 4 City of Miami Solicitation RFQ 1790386 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.miamipov.com/procurement RFQ Number: Title: Issue Date/Time: RFQ Closing Date/Time: Pre -Proposal Conference: Pre- Proposal Date/Time: Pre -Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: 1790386 Federal Lobbying Services 1-MAY-2024 31-MAY-2024 @ 17:00:00 Voluntary 8-MAY-2024 @ 11:00:00 Virtual via Microsoft TEAMS Click here to join the meeting Meeting ID: 271 656 450 883 Passcode: GLz8c8 or via Phone: (786) 598-2961 Phone Conference ID: 928 693 285# 15-MAY-2024 @ 17:00:00 Johnson, Charles CJohnson@miamigov.com 5/10/2024 10:53 AM Page 1 of 3 p. 5 City of Miami Solicitation RFQ 1790386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 3 5/10/2024 10:53 AM p. 6 City of Miami Certifications Solicitation RFQ 1790386 Legal Name of Firm: Firm's Federal Employer Identification Number ("FEN"): Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/24). If no addendum/addenda was/were issued, please insert N/A. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Acknowledge that if awarded, Proposer will be required to execute the Professional Services Page 3 of 3 5/10/2024 10:53 AM p. 7 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. 5/10/2024 10:53 AM p. 8 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON -RESPONSIVE. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT(&BIDSYNC.COM, OR SUPPORT.BIDSYNC.COM FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. 5/10/2024 10:53 AM p. 9 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Table of Contents Terms and Conditions 1. General Terms and Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. METHOD OF AWARD 2.7. LIVING WAGE ORDINANCE 2.8. PROPOSERS MINIMUM QUALIFICATIONS 2.9. PROPOSERS PREFERRED QUALIFICATIONS 2.10. REFERENCES 2.11. LOCAL PREFERENCE 2.12. EXECUTION OF AN AGREEMENT 2.13. PRE -QUALIFIED POOL / WORK ORDER ASSIGNMENT PROCESS 2.14. INSURANCE REQUIREMENTS 2.15. PROJECT MANAGER 2.16. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 2.17. REMOVAL OF EMPLOYEES/SUBCONTRACTORS 2.18. UNAUTHORIZED WORK 2.19. CHANGES/ALTERATIONS 2.20. COMPENSATION 2.21. METHOD OF PAYMENT 2.22. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.23. RECORDS 2.24. ADDITIONAL SERVICES 2.25. TRUTH IN NEGOTIATION CERTIFICATE 2.26. NON -APPROPRIATION OF FUNDS 2.27. FAILURE TO PERFORM 2.28. TERMINATION 2.29. ADDITIONAL TERMS AND CONDITIONS 2.30. E-VERIFY EMPLOYMENT REQUIREMENTS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS 5. Evaluation Criteria 5.1. EVALUATION CRITERIA 5/10/2024 10:53 AM p. 10 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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, 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. 5/10/2024 10:53 AM p. 11 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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 BidSync Procurement Solutions Platform ("BidSync") only. 1.5 ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6 ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all its rights, title or interest herein, without the City Manager's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. The audit and inspection provisions set forth in Sections 18-100 to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Proposer. 1.10 AWARD OF CONTRACT: A. The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or addenda. 5/10/2024 10:53 AM p. 12 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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 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 5/10/2024 10:53 AM p. 13 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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. 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: 5/10/2024 10:53 AM p. 14 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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. 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 5/10/2024 10:53 AM p. 15 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 imposed upon each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, or RFLIs between potential vendors, service providers, Proposers, lobbyists or consultants (among others) and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications, oral communications with the City's Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document. The provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, or RFLI documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, or RFLI, by City Procurement staff. Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions 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 5/10/2024 10:53 AM p. 16 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 assets of capital stock in the Proposer's firm. A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer may not disclose or use information not available to members of the general public and gained by reason of their position, except for information relating exclusively to governmental practices, for their personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Proposer who is a person (every officer, official and employee of the city, including every member of any board, commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not contracted or transacted any business with the City or any person or agency acting for the City and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Proposer further warrants that they are not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Proposer to immediate termination of any Professional Services Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of any intellectual property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s). 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 5/10/2024 10:53 AM p. 17 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (i) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (ii) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (iii) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (iv) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (v) Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public) agency or entity. (vi) False certification pursuant to paragraph (c) below. (vii) Found in violation of a zoning ordinance for which the violation remains noncompliant. (viii) Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (ix) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(v). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry'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 5/10/2024 10:53 AM p. 18 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) transact business with any public entity. 1.27 DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28 DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Proposal non -responsive. B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance 5/10/2024 10:53 AM p. 19 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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 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 5/10/2024 10:53 AM p. 20 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the 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. 5/10/2024 10:53 AM p. 21 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry as determined by the City. 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 5/10/2024 10:53 AM p. 22 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January lst. 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 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 5/10/2024 10:53 AM p. 23 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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. 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 5/10/2024 10:53 AM p. 24 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45 INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." 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. 5/10/2024 10:53 AM p. 25 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. 1.47 INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48 LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non - local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51 MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 5/10/2024 10:53 AM p. 26 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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 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 5/10/2024 10:53 AM p. 27 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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. 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. 5/10/2024 10:53 AM p. 28 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, where required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Proposer's response may be included as part of the contract, at the City's discretion. 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. 5/10/2024 10:53 AM p. 29 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during the term of the contract. 1.67 PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69 PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. 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 5/10/2024 10:53 AM p. 30 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 documents subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72 QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.73 REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal 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 5/10/2024 10:53 AM p. 31 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such parry'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. 5/10/2024 10:53 AM p. 32 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2- 811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative 5/10/2024 10:53 AM p. 33 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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 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. 5/10/2024 10:53 AM p. 34 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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). 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. 5/10/2024 10:53 AM p. 35 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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 BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly the responsibility of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Proposals received and time stamped through BidSync, prior to the Proposal submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Proposal submittal after the closing date and time has lapsed. Proposals will be opened promptly at the time and date specified. 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Proposals electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Proposer's Proposal submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to comply with these requirements may cause the Proposal to be rejected. 5. Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE PROPOSAL NON -RESPONSIVE. 6. May be considered non -responsive if Proposals do not conform to the terms and conditions of this solicitation. 1.81 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject 5/10/2024 10:53 AM p. 36 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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. 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 5/10/2024 10:53 AM p. 37 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 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. 5/10/2024 10:53 AM p. 38 City of Miami Request for Qualifications No. ao190386 RFQ 1790386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for a pre -qualified pool of firms to provide Federal Lobbying Services ("Pool"), as specified herein, from a source(s), that will provide prompt and efficient service, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE A Virtual Voluntary pre -proposal conference will be held May 8th, 2024 at 1:30 PM, via Teams Click here to join the meeting — Meeting ID: 271 656 450 883; Passcode: GLz8c8, or via phone (786) 598-2961, Phone Conference ID 928 693 285#. 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 BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION / CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidSync Portal. All questions must be received no later than May 15th, 2024 @ 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Proposer(s) qualified to provide the services requested herein (the "Successful Proposer(s)") shall be required to execute a Professional Services Agreement ("PSA" or "Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for five (5) years with an option to renew for one (1) additional two (2) year period. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds Each renewal of this contract is subject to the Successful Proposer(s)'s continued satisfactory performance compliance with the specifications, terms and conditions established herein. 2.6.METHOD OF AWARD Award shall be made to all responsive and responsible Proposer(s) who meet and/or exceed the minimum qualifications. The Proposer (s) shall be placed on a list of pre -qualified firms who will be contacted by the City on an as needed basis and as the City may deem in its sole and best interest. During the term of this contract and at the sole discretion of the City, additional firms may be added or removed from the pool at any time, as the City may deem in its sole and best interest. If the City elects to 5/10/2024 10:53 AM p. 39 City of Miami Request for Qualifications No. ao790i86 RFQ 1790386 add firms, they must meet and/or exceed the same minimum qualifications set forth in this Solicitation. 2.7.LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in FL. Stat. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A, and is located in the Documents Section of BidSync. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.8. PROPOSERS' MINIMUM QUALIFICATIONS Proposer(s) interested in responding to this Solicitation must provide the information on the firm's: 1. Qualifications and experience; 2. Qualifications of the project team; 3. Account Manager's experience; 4. Previous projects with similarly sized governments or entities; Additionally, Proposer must: 5. Be an established firm, legally qualified to do business in the state of Florida, in possession of all licenses and certifications required to provide services related to those requested in this RFQ; 6. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City; and 7. Must not have a member, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Submittals that do not contain responses to all requirements shall be considered non -responsive and eliminated from the process. 2.9. PROPOSERS' PREFERRED QUALIFICATIONS The following are preferred qualifications that the Proposers shall have: 1. Strong working knowledge of legislative, administrative, and regulatory processes at the federal level; 2. Clear understanding of large urban areas, including specific knowledge of the City; 3. Clear understanding of issues impacting the City; 4. History of successfully representing municipalities at the federal level; 5. History of successful lobbying experience at the federal level; and 6. Clear strategy for representing the City at meetings with key members of Congress, members of the Executive Branch, and individuals within Federal Agencies. 2.10. REFERENCES Each proposal MUST be accompanied by a list of three (3) references submitted on Attachment B — 5/10/2024 10:53 AM p. 40 City of Miami Request for Qualifications No.10 00386 RFQ 1790386 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 was the prime contractor or subcontractor. 2.11 LOCAL PREFERENCE Proposers wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal at the time of the Proposal due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form provided as Attachment C, located in the Documents Section in BidSync; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer. 2.12 EXECUTION OF AN AGREEMENT The Successful Proposer(s), evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer(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. 2.13 PRE -QUALIFIED POOL / WORK ASSIGNMENT PROCESS Membership in the Pre -Qualified Pool is a pre -requisite for obtaining work on potential individual projects issued through the Pool. However, there is no guarantee that all or any Pool members will be assigned any work on any individual project. Upon selection into the Pool, the City reserves the right, through its City Manager or designee, to assign work on individual projects to any pre -qualified firm as may be deemed in the City's sole and best interest. The City further reserves the right to assign said work on individual projects on a fixed price basis and anticipates that most, if not all, projects will be assigned in this manner. The City further reserves the right to enter into negotiations with any pre -qualified firm for an agreement for said assignment of work on any individual project; and, should said negotiations be unsuccessful, the City reserves the right to terminate the same and commence negotiations with such other pre -qualified firm as may be deemed in the City's sole and best interest. This process may continue until the City comes to a successful agreement with a selected Pool member. No Pool member shall have any rights against the City arising from such negotiations. 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. Pre -qualified firms 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. 2.14.INSURANCE REQUIREMENTS 5/10/2024 10:53 AM p. 41 City of Miami Request for Qualifications No.1o7i90386 RFQ 1790386 INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors(s) agreements to include a provision that each subcontractor(s) will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment D to this solicitation which is located in the Documents Section of BidSync. The Successful Proposer shall furnish to City of Miami, c/o Procurement Depaitnient, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 5/10/2024 10:53 AM p. 42 City of Miami Primary Insurance Clause Endorsement II. Business Automobile Liability Request for Qualifications No. o7i00386 RFQ 1790386 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit, IV. Professional Liability/Errors and Omissions Combined Single Limit Each Claim General Aggregate Limit Retro Date Included Coverage $ 1,000,000 $ 1,000,000 V. Network Security and Privacy Injury (Cyber Liability) If Applicable Each Claim Policy Aggregate Retro Date Included $ 1,000,000 $ 1,000,000 Successful Proposer agrees to maintain Professional Liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of one (1) year after termination of the contract period, subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.15.PROJECT MANAGER 5/10/2024 10:53 AM p. 43 City of Miami Request for Qualifications No. o700 i86 RFQ 1790386 Upon award, Successful Proposer(s) shall report and work directly with the City Manager's designee, who shall be designated as the Project Manager for the City. 2.16.SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. Sub -Contractors shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any and all liabilities regarding the use of a Sub- Contractor(s) shall be borne solely by the Successful Proposer(s) and insurance for each Sub-Contractor(s) must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the Sub -Contractors that the Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub - Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.17. REMOVAL OF EMPLOYEES / SUBCONTRACTORS All employees of the Successful Proposer and Subcontractor(s)'s, if applicable, shall be considered to be, at all times, employees of the Successful Proposer and Subcontractor(s) under its sole direction and not employees or agents of the City. The Successful Proposer and Subcontractor(s) shall supply competent and capable employees. The City may require the Successful Proposer or Subcontractor(s) to remove an employee(s) the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. 2.18.UNAUTHORIZED WORK The Successful Proposer shall not begin work until a Purchase Order and/or a Notice to Proceed are received. 2.19.CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.20.COMPENSATION The amount of compensation payable to Pool Consultants will be determined at the discretion of the City Manager or his/her designee and according to the nature and complexity of the task at hand. 2.21.METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. 2.22.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. 5/10/2024 10:53 AM p. 44 City of Miami Request for Qualifications No. o700386 RFQ 1790386 (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 the proposals 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 recommendations of the Committee shall be submitted to the City Manager. (7) The City Manager reserves the right to reject the Committee's recommendations 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 recommendations 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. If the City Manager accepts the award recommendation(s), the City Manager's recommendation for award of contract(s) will be posted on the City of Miami Procurement Depaitnient website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (9) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and 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 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(s). 2.23.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. 2.24.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. 2.25.TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in - negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. 5/10/2024 10:53 AM p. 45 City of Miami Request for Qualifications No. ao790i86 RFQ 1790386 2.26.NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer(s) or his/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.27.FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.28.TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.29.ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the 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. 2.30.E-VERIFY EMPLOYMENT REQUIREMENTS Successful Proposer(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Successful Proposer(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Proposer(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Proposer(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Successful 5/10/2024 10:53 AM p. 46 City of Miami Request for Qualifications No. 1700386 RFQ 1790386 Proposer(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E- Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 5/10/2024 10:53 AM p. 47 City of Miami Request for Qualifications No. o7i 0386 RFQ 1790386 3 SPECIFICATIONS / SCOPE OF WORK 3.1 SPECIFICATIONS / SCOPE OF WORK The Successful Proposer's responsibilities shall include, but not be limited to: 1. Regular policy updates and tracking; 2. Working with City Officials to continuously assess engagement strategies and opportunities to: (i) Benefit the communities within the City; (ii) Support the City's priorities by monitoring, identifying, interpreting, and reporting issues on Capitol Hill that are relevant and of interest to the City; 3. Providing political intelligence and updates on legislative activity and regulations; 4. Providing regular reports, on a schedule determined by the City — these reports can be oral, written or both; 5. Providing advice and counsel as requested by the City; 6. Continued engagement with Congress, the White House and Federal Agencies; and 7. Securing Government funding through earmarks, pilot/demonstration projects, grants, as well as government contracts. 5/10/2024 10:53 AM p. 48 City of Miami Request for Qualifications No. o700386 RFQ 1790386 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements as indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") no later than the date and time indicated within the RFQ, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Proposals must be timely submitted through BidSync, or the Proposal will be disqualified. Untimely or misdelivered submittals will not be considered. NO EXCEPTIONS. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. A. Include the signed RFQ Certification Statement. B. Include in detail, evidence that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements, pursuant to Section 2.8, Proposer's Minimum Qualifications 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFQ; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFQ; RFQ Number; and Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4. Proposer's, Relevant Experience, Qualifications. and Past Performance 1. Describe the Proposer's experience and past performance, in general, and state the number of years that the Proposer's firm has been in existence. Discuss the history and background of the organization, its owners/officers/principals, total number of employees and primary markets served. 2.Describe Proposer's specific past performance and experience in relation to the services requested herein, to include service governmental representation and consulting. Discuss in detail Proposer's lobbying experience, including the use of any subconsultants and their role in any engagement(s) of the Proposer. 5/10/2024 10:53 AM p. 49 City of Miami Request for Qualifications No.1o600386 RFQ 1790386 3.Provide a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein, which the Proposer has either ongoing, or completed within the last three (3) years. The list should identify: 1. Client; 2. Description; 3. Dates covering the term of the contract; 4. Client contact person and phone number; and 5. Contract duration. Where possible, list and describe those projects performed for governmental clients. 4.Provide a list of three (3) references submitted on Attachment B, Reference Submittal Form, for projects performed for government clients, at least one (1) of which for municipal government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 5.Describe Proposer's knowledge of legislative, administrative, and regulatory processes at the federal level. 6.Describe Proposer's understanding of large urban areas, including its specific knowledge of the City of Miami. 7.Describe Proposer's experience lobbying at the federal level. 8.Describe Proposer's overall experience in lobbying on behalf of municipal governments. 9.Describe any other experiences related to the work or services described in Section 3.1, and any other information which may be specific to the required services to be provided. 5. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services 1.Identify and provide current resumes for all key personnel who will be assigned to work on this project. Describe the experience and qualifications relevant to the services requested in this Solicitation, including relevant experience on similar projects, of each such individual. 2. Provide a current resume of each Sub -Consultant who will work on this project. Proposer shall identify all Sub -Consultants and those services to be provided by each. Proposer shall describe the experience and qualifications relevant to the services requested in this Solicitation, of each Sub - Consultant. 3. Provide an organizational chart, showing all key personnel, including titles, and Sub -Consultants, that will perform work/services on this project, ensuring that Sub -Consultants are clearly identified. This chart must include the functions to be performed by the key personnel/Sub-Consultants. Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the Lead Managing Consultant and key personnel identified in its proposal. 6. Proposed Approach to Providing the Services 1. Confirm and describe Proposer's ability to fulfill all requirements identified within Section 3.1, Scope of Work. 2. Describe Proposer's understanding of the requirements of this Solicitation and its approach to satisfy those requirements in compliance with the provisions set forth in Attachment E - Article VI - 5/10/2024 10:53 AM p. 50 City of Miami Request for Qualifications No. ao190381$ RFQ 1790386 Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances. 3. Discuss Proposer's strategy for: a. Representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; and b. Monitoring, identifying, interpreting, and reporting on key, relevant issues and issues on key Capitol Hill that are relevant and of interest. 5/10/2024 10:53 AM p. 51 City of Miami Request for Qualifications No. 1700386RFQ 1790386 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine of the proposal is responsive to the submission requirements outlined in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has appropriate signatures as applicable. failure to comply with these requirements may result in the proposals being deemed non -responsive. Proposals will be evaluated by an Evaluation Committee ("Committee") which shall evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred five (105) points per Committee member. Below are the criteria and weight: CRITERIA AND POINTS Proposer's Relevant Experience, Qualifications and Past Performance: Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services: Proposer's approach to providing the services requested in this Solicitation: Five percent evaluation criterion in favor of Proposers who Maintain a local office as defined in Section 18-73,"Definitions" of the City's Procurement Code will be applied to those who meet the criteria Pursuant to Section 2.10, Local Preference. (35 Points) (35 Points) (30 Points) (5 Points) Maximum Points Available: 105 Points 5/10/2024 10:53 AM p. 52 City of Miami Solicitation RFQ 1790386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESIL Footnotes: --- (9) --- Now— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 5/10/2024 10:53 AM p. 53 City of Miami Solicitation RFQ 1790386 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. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered 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 as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 5/10/2024 10:53 AM p. 54 City of Miami Solicitation RFQ 1790386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 5/10/2024 10:53 AM p. 55 City of Miami Solicitation RFQ 1790386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) (g) Page 4 5/10/2024 10:53 AM p. 56 City of Miami Solicitation RFQ 1790386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 5/10/2024 10:53 AM p. 57 City of Miami Solicitation RFQ 1790386 RFQ NO.: 1790386 Attachment B Reference Submittal Form CATEGORY: Federal Lobbying Services FIRM NAME: Reference Section Summarized Requirements: Refer to the details in Section 2.10, 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 5/10/2024 10:53 AM p. 58 Attachment C City of Miami Solicitation RFQ 1790386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 5/190W2Mg:53 AM p. 59 City of Miami Solicitation RFQ 1790386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ ❑ Miami -Dade County: Cite Exemption: ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO ❑ ❑ Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 5/190W j9:53 AM p. 60 City of Miami Solicitation RFQ 1790386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 5/190W j9:53 AM 3 p. 61 City of Miami Solicitation RFQ 1790386 ATTACHMENT D INSURANCE DEFINITIONS, CONDITIONS, AND ADDITIONAL REQUIREMENTS The Successful Proposer agrees to provide and maintain throughout the life of this contract and at Successful Proposer's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It 5/10/2024 10:53 AM p. 62 City of Miami Solicitation RFQ 1790386 protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, 5/10/2024 10:53 AM p. 63 City of Miami Solicitation RFQ 1790386 computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Successful Proposer must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Successful Proposer. The Successful Proposer must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. 5/10/2024 10:53 AM p. 64 City of Miami Solicitation RFQ 1790386 Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Successful Proposer. The Successful Proposer further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Successful Proposer in no way limit the Successful Proposer's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Successful Proposer under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Successful Proposer is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Successful Proposer must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Successful Proposer unless otherwise specified in this Contract. If the Successful Proposer or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 5/10/2024 10:53 AM p. 65 City of Miami Solicitation RFQ 1790386 ATTACHMENT E ARTICLE VI. - LOBBYISTS Sec. 2-651. - Applicability. Notwithstanding any provision in the Code of the city, as amended, to the contrary, Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as amended ("County Code"), shall be applicable in the city. (Ord. No. 10087, § 1, 3-18-86; Code 1980, § 2-311; Ord. No. 13718, § 2, 12-14-17) Sec. 2-652. - Penalty. Any person in violation of any provision of this article shall be subject to the penalty as provided in section 1-13. (Ord. No. 10087, § 3, 3-18-86; Code 1980, § 2-312) City Code cross reference —General penalty, § 1-13. Sec. 2-653. - Definitions. The definitions used in Section 2-11.1(s) of the County Code shall be applicable to this article. References in Section 2-11.1 of the County Code to county personnel shall, therefore, be applicable to city personnel who serve in comparable capacities to the county personnel referred to therein. (Ord. No. 10087, § 2(a)(1), (2), 3-18-86; Ord. No. 10181, § 1, 11-13-86; Ord. No. 10478, § 1, 9- 8-88; Code 1980, § 2-313; Ord. No. 11469, § 2, 3-20-97; Ord. No. 11527, § 2, 7-24-97; Ord. No. 11564, § 4, 10-28-97; Ord. No. 13718, § 2, 12-14-17) City Code cross references —Code enforcement board, § 2-812 et seq.; civil service board, § 40-66 et seq. Sec. 2-654. - Registration; ethics; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register. (a) A person may not lobby a city official, a city board member, the city manager, or city staff, until such person has registered as a lobbyist with the city clerk and submitted a certificate of completion, of an ethics course provided by the Miami -Dade County Commission on Ethics Public Trust completed within 60 days after registering. Such registration shall be due within five business days of being retained as a lobbyist by a principal, prior to engaging in any type of lobbying activities, and shall be renewed on a yearly basis thereafter. The annual registration fee for each lobbyist shall be $525.00 as an initial registration fee, plus an additional fee of $105.00 for each principal represented for each issue lobbied on behalf of any one principal. The registration fees required by this section shall be deposited by the city clerk into a separate account and shall be expended for purposes of recording, transcription, administration, and/or any other associated costs incurred in maintaining these records for availability to the public. Any person who is required to pay the registration fee and who is unable to pay the registration fee without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the city clerk, be exempt from paying the registration fee. Regardless of the date of the initial registration, all lobbyists' registrations shall expire December 31 of each calendar year, and shall be renewed on a calendar year basis. 5/10/2024 10:53 AM p. 66 City of Miami Solicitation RFQ 1790386 (b) Each lobbyist shall, within 60 days after registering as a lobbyist, submit to the city clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics and Public Trust ("ethics course"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and who have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course every two years. Each lobbyist who has completed a refresher ethics course shall submit to the city clerk a certificate of completion within 60 days after registering as a lobbyist. (c) Within five business days of being retained as a lobbyist or before engaging in any lobbying activities, whichever comes first, every person required to register as a lobbyist shall: (1) Register on forms prepared by the city clerk; (2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal; and Disclose, under oath, the following information: a. Lobbyist's name and business address; b. Name and business address of each principal represented; c. The specific issue on which he or she has been retained to lobby; and d. If the lobbyist represents a corporation, partnership or trust, the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust and the names and addresses of all persons holding, directly or indirectly, at least five percent ownership interest in said corporation, partnership or trust. A separate registration form shall be filed by the lobbyist and an additional fee of $105.00 shall be paid for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal. Such issue shall be described with as much detail as is practical, including, though not limited to: a specific description (where applicable) of a pending request for proposals, invitation to bid, ordinance, resolution, or a given item on the agenda. The city clerk or the clerk's designee shall reject any registration statement which does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby. (4) Submit a certificate of completion of the ethics course as provided under subsection 2-654(b). (d) In addition, every registrant shall be required to state under oath the existence of any direct or indirect business association, partnership, or financial relationship with the mayor, any member of the city commission, any member of a city board, the city manager, or a member of the city staff before whom he or she lobbies, or intends to lobby. (e) The city clerk shall maintain a log, which shall be updated on a quarterly basis by April 15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations filed in accordance with this section and shall be distributed to the mayor, the city commission, and the city manager. (f) The mayor, all members of the city commission, all members of city boards, the city manager, and city staff shall be diligent to ascertain that persons required to register pursuant to this section have complied, and if necessary, request a record of compliance from the city clerk. The mayor, members of the city commission, of city boards, the city manager, and city staff may not knowingly permit a person who is not registered pursuant to this section to lobby. (g) Each person who withdraws as a lobbyist for a particular principal shall file an appropriate notice of withdrawal concerning representation for that principal. There shall be no fee required for filing a notice of withdrawal. (3) (h) The validity of any action or determination of the city commission or any other city board or committee shall not be affected by the failure of any person to comply with the provisions of this section. 5/10/2024 10:53 AM p. 67 City of Miami Solicitation RFQ 1790386 (i) (i) The following persons shall be required to register but will be exempt from paying the registration fee: (1) A person who, pursuant to the terms of a collective bargaining agreement, has been designated and is so recognized by the city as a representative of a collective bargaining unit composed of city employees; (2) Those persons identified in Section 2-11.1(s) of the County Code. All registration forms shall be open to the public upon the filing thereof. (Ord. No. 10087, § 2(a)(3), (b)-(d), 3-18-86; Ord. No. 10181, § 1, 11-13-86; Code 1980, § 2- 314; Ord. No. 11469, § 2, 3-20-97; Ord. No. 11564, § 4, 10-28-97; Ord. No. 13125, § 2, 1-14-10; Ord. No. 13141, § 1, 2-11-10; Ord. No. 13142, § 2, 2-11-10; Ord. No. 13718, § 2, 12-14-17) Editor's note- Ord. No. 13718, § 2, adopted December 14, 2017, changed the title of section 2- 654 from "Registration; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register" to "Registration; ethics; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register." The historical notation has been preserved for reference purposes. Sec. 2-655. - Annual expenditures report. A lobbyist shall annually submit to the city clerk's office a signed statement under oath, as provided herein, listing all lobbying expenditures and the sources from which funds for making lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to: meals, entertainment, travel, lodging, and gifts for public officers and employees for the preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal expenses for lodging, meals, travel, salary, and office expenses. Such statement of expenditures for the preceding calendar year, entitled "Annual Expenditures Report" shall be due on January 15 of each year. Such statement shall be rendered on the form provided by the city clerk's office and shall be open to public inspection. If the lobbyist had no expenditures in the preceding calendar year, then he or she shall not be required to submit an annual expenditures report. (Ord. No. 10087, § 2(e), 3-18-86; Ord. No. 10611, § 1, 7-13-89; Code 1980, § 2-316; Ord. No. 11469, § 2, 3-20-97; Ord. No. 13718, § 2, 12-14-17) Sec. 2-656. - Advisory opinions. (a) A lobbyist, when in doubt about the applicability and interpretation of this article in a particular context, shall submit in writing the facts for an advisory opinion by the city attorney. The city attorney shall render advisory opinions to any lobbyist who seeks advice as to whether the facts in a particular case would constitute a violation of this section. All advisory opinions of the city attorney shall be numbered, dated and furnished to the city clerk's office and shall be open to public inspection. (b) The city clerk's office shall keep all advisory opinions of the city attorney relating to lobbyists and lobbying activities, as well as a current list of registered lobbyists and their respective reports required under this article, all of which shall be open for public inspection. (Ord. No. 10087, § 2(f), (g), 3-18-86; Code 1980, § 2-317) Sec. 2-657. - Penalties for violations. 5/10/2024 10:53 AM p. 68 City of Miami Solicitation RFQ 1790386 (a) Any lobbyist who fails to file the annual expenditures report by the January 15 deadline each calendar year shall be subject to a fine of $50.00 per day for reports filed after the due date. (b) Upon verification of a lobbyist's failure to file the annual expenditures report, the city clerk shall notify the lobbyist by certified mail that the annual expenditures report must be filed within five business days following receipt of the notice. The name of any lobbyist who fails to comply with said requirement shall be automatically removed from the list of active lobbyists. Should said person wish to re -register as a lobbyist, he or she shall submit a new registration form accompanied by a $525.00 registration fee plus any and all outstanding fines accrued prior to re -registration. (c) The city clerk shall submit a report to the city commission as to those lobbyists who have failed to comply with registration and/or the annual filing requirement of this section. (Ord. No. 10087, § 2(h), 3-18-86; Code 1980, § 2-318; Ord. No. 11469, § 2, 3-20-97; Ord. No. 13246, § 2, 1-13-11; Ord. No. 13718, § 2, 12-14-17) Sec. 2-658. - Contingency fees. No person shall retain or employ a lobbyist for compensation based on a contingency fee, and no person shall accept any such employment or render any service for compensation based on a contingency fee. (Ord. No. 11469, § 2, 3-20-97) Secs. 2-659-2-690. - Reserved. 5/10/2024 10:53 AM p. 69 City of Miami Solicitation RFQ 1790386 eitv of Thami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING 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. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. 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. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: 5/10/2024 10:53 AM p. 70 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2024 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and , company, qualified to do business in the State of Florida whose principal address is hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on , 2024 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Federal Lobbying Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall 1 5/10/2024 10:53 AM p. 71 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386), and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, , 2024, in response to RFQ 1790386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of 2 5/10/2024 10:53 AM p. 72 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of seven (7) years: Initial term of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, 3 5/10/2024 10:53 AM p. 73 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. 4 5/10/2024 10:53 AM p. 74 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain 5 5/10/2024 10:53 AM p. 75 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 5/10/2024 10:53 AM p. 76 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 8. AWARD OF AGREEMENT: Consultant 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 Agreement 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 Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) 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; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) 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; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 5/10/2024 10:53 AM p. 77 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecordsgmiamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 5/10/2024 10:53 AM p. 78 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 5/10/2024 10:53 AM p. 79 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 5/10/2024 10:53 AM p. 80 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 5/10/2024 10:53 AM p. 81 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 5/10/2024 10:53 AM p. 82 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 5/10/2024 10:53 AM p. 83 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual 14 5/10/2024 10:53 AM p. 84 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 receipt, whichever is earlier. TO CONSULTANT: TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 John A. Greco Interim City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be 15 5/10/2024 10:53 AM p. 85 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service 16 5/10/2024 10:53 AM p. 86 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the 17 5/10/2024 10:53 AM p. 87 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no 18 5/10/2024 10:53 AM p. 88 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 19 5/10/2024 10:53 AM p. 89 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Consultant(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Consultant(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 20 5/10/2024 10:53 AM p. 90 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 5/10/2024 10:53 AM p. 91 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. "Consultant" a Florida profit corporation ATTEST: By: By: Print Name: Name: Title: Title: ATTEST: "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: John A. Greco Ann -Marie Sharpe, Director Interim City Attorney Department of Risk Management 22 5/10/2024 10:53 AM p. 92 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT A RFQ No. 1790386 23 5/10/2024 10:53 AM p. 93 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assignments, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 5/10/2024 10:53 AM p. 94 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Depailiuent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 25 5/10/2024 10:53 AM p. 95 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 26 5/10/2024 10:53 AM p. 96 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 5/10/2024 10:53 AM p. 97 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 5/10/2024 10:53 AM p. 98 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 CORPORATE RESOLUTION WHEREAS, ., a corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2024 ("Consultant") A Florida Corporation By: (sign) Print Name: Title: (sign) Print Name: 29 5/10/2024 10:53 AM p. 99 City of Miami Solicitation RFQ 1790386 Question and Answers for Solicitation #RFQ 1790386 - Federal Lobbying Services Overall Solicitation Questions Question 1 Regarding the Certification Statement, it says to quote on the form, but I do not see any space on the form for doing so. (Submitted: May 10, 202410:17:51 AM EDT) Question Deadline: May 15, 2024 5:00:00 PM EDT 5/10/2024 10:53 AM p. 100 (Eitv of Thami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING 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. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. 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. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: (Eitv of Uiami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 RFQ 1790386 May 29, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING 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. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Wednesday, June 5, 2024, at 5:00 PM. B. The following are inquiries received from prospective Proposer(s) and the City's corresponding responses: Q1. Paragraph 1 of the Certification Statement on page 5, requests that Proposers, "Please quote on this form, if applicable, net prices for the item(s) listed..." There is no space available to place a quote on the form. Where should Proposers submit quotes? Al . This language is not applicable to this solicitation, as pricing is not requested from Proposers as part of their submissions. Q2. Section 4.1, Submission Requirements, subsection 6.2 requests that Proposers describe their basic understanding of Attachment E — Article VI — Lobbyists, of the Code of the City of Miami ("City Code"). Will a simple understanding of acknowledgement be sufficient? A2. Section 4.1, Submission Requirements, subsection 6.2, in its entirety, reads as follows: "Describe Proposer's understanding of this Solicitation and its approach to satisfy the requirements in compliance with the provisions set forth in Attachment E — Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances." Proposers are encouraged to read this requirement in its entirety and provide a response that addresses it wholly. Q3. Would Successful Proposer(s) be required, upon award of this contract, to register as a City of Miami Lobbyist under the terms of Attachment E — Article VI — Lobbyists, of the City Code? A3. No. The registration requirement found within Attachment E applies to a person who lobbies a City Official, City Board Member, City Manager, or City Staff. It is not applicable to firms/individuals that will not lobby the City. 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. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Pablo Velez, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: City of Miami, FL RFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assignments, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 25 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 26 Federal Lobbying Services City of Miami, FL RFQ 1790386 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 Federal Lobbying Services City of Miami, FL RFQ 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 28 Federal Lobbying Services A`GRLI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/21 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Insurance Services, Inc. 1201 W Cypress Creek Rd Suite 130 Fort Lauderdale FL 33309 CONTACT Angela Nervi-Saketkoo NAME: PHONN , Ext): (954) 776-2222 (AX, No): (954) 776-4446 AE-DDRMAILESS: angela.nervi@bbrown.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Casualty Company of Reading, Pennsylvania 20427 INSURED Becker & Poliakoff, P.A.; Association Title Services, LLC d/b/a Becker Title; Becker New York, P.C., Association Adjusting, LLC 1 E Broward Blvd, Suite 1800 Ft. Lauderdale FL 33301 INSURER B : National Fire Insurance Company of Hartford 20478 INSURER C : The Continental Insurance Company of New Jersey 42625 INSURER D : Employers Assurance Company 25402 INSURER E : Allied World Surplus Lines Insurance Company 24319 INSURER F: COVERAGES CERTIFICATE NUMBER: 25-26GL,BA/2425 WC, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW ITAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EF (MM/DD/YYY ICY EXP /DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 7036836823 o ® C1 03/24/2025 03/24/2026 EACH OCCURRENCE 1 ,000,000 $ CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 15,000 Y PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE P POLICY OTHER: LIMIT APPLIES JECT PRO- X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 Employee Benefits Per $ 1,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED N/ SCHEDULED AUTOS NON --OWNED AUTOS ONLY Y v 7036836787.:,y/ ®- AL � �.. 03/24/2025 03/24/2026 COMBFN£D SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ $ C UMBRELLA LIAB EXCESS LIABCLAIMS-MADE X _ OCCUR � 836790 ` 03/24/2025 03/24/2026 EACH OCCURRENCE 20,000,000 $ AGGREGATE 20,000,000 $ DED X RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYCER/MEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE 1---.I OFFICER/MEMBER (Mandatory in NH) ' If yes, describe under DESCRIPTION OF OPERATIONS below . '4 EIG535894202 01/01/2025 01/01/2026 X PER PEATUTE OTH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 10, 00000 $ , E Professional Liability 03121607 12/22/2024 12/22/2025 Per Occ/Aggregate Ded/Retention $15,000,000 $200,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than thirty (30) days prior to any such cancellation or material change. City of Miami as additional insured with respect to General Liability and Auto Liability. City of Miami as additional insured with respect to General Liability and Auto Liability. Primary and non-contributory language included for General Liability and Auto. Employees included as insureds. Umbrella follows form to the underlying policies. All of the above are subject to written contract. Retro Date: None. CERTIFICATE HOLDER CANCELLATION I City of Miami 444 SW 2nd Ave Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE} ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD De Vito, Daniel From: Sent: To: Cc: Subject: Good morning Danny, The COI is adequate. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 416-174o Office (305) 416-176o Fax fgomez@miamigov.com Gomez Jr., Francisco (Frank) Thursday, April 17, 2025 6:24 AM De Vito, Daniel; Quevedo, Terry Aviles, Yesenia RE: PROCUREMENT INSURANCE REVIEW FOR BECKER & POLIAKOFF QQ "Serving, Enhancing, and Transforming our Community" From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Wednesday, April 16, 2025 3:47 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: PROCUREMENT INSURANCE REVIEW FOR BECKER & POLIAKOFF Good afternoon guys — not sure if you saw this one. w Thankyou! Daniel De Vito Procurement Contracting Officer City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office: (305) 416-1922 Email: dadevitoRmiamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage From: De Vito, Daniel Sent: Wednesday, April 16, 2025 11:31 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, T, Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR BECKER & POLIAKOFA Good morning team, • Please review the insurance attached at your insurance requirements contained therein. Thank you! AI (NV N. Daniel De Vito ) Procurement Contracting Ofraci City of Miamitl Department r,' 'curement 444 SW 2 Avenue, 6th FI • . Miami, FL 33130 Office: (305) 416-1922 Email: dadevito©miamigov.com TQuevedo@miamigov.com> Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage 2 City of Miami, FL RFQ 1790386 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 29 Federal Lobbying Services City of Miami, FL RFQ 1790386 CORPORATE RESOLUTION WHEREAS, Becker & Poliakoff. P.A., a Florida, a profit corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2024 Becker & Poliakoff, P.A. ("Consultant") A Florida Corporation By: (sign) Print Name: Omar F . n ' o Title: Senior •'rector Print Name: Gary Rosen, Managing Shareholder 30 Federal Lobbying Services (sign) EXHIBIT E 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: Becker & Poliakoff, P.A. Name: Omar Franco Officer Title: Senior Director Signature of Officer: = �.��f Office Address: 1 E. Broward Blvd., 18th Floor, Fort Lauderdale, FL 33301 Email Address: ofranco@beckerlawyers.com Main Phone Number: (202) 731-3401 FEIN No.5/9 -1 /6 /4/ 0/7/0/8 STATE OF FLORIDA ) COUNTY OF M1•AIM1'DADE The foregoing instrument was sworn to and subscribed before me by means of 21physical presence or O online notarization, this 1'v day of pe_c .4o2tby ()r,,,,, ,a2, as the authorized officer or representati ve for the nongovernmental entity., He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: Signatur tof Person Taking Oath (erPI (Printed, Typed, or Stamped Name of Notary Public) Ss ''., COLLEEN LAPLANT MY'FOMMISSION # Hi 093832 EXPIRES: June 16, 2025 ' °,- Bonded 7Mu Notary Public Undetwdtens EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v Go 1 The 2024 Florida Statutes Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED R 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. 775.08Z, 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 AGENDA ITEM SUMMARY FORM File ID: #17536 Date: 04/23/2025 Commission Meeting Date: 06/17/2025 Requesting Department: City Manager's Office Sponsored By: District Impacted: All Type: Resolution Subject: Accept Proposals - Federal Lobbying Services RFQ 1790386 Purpose of Item: The nature of this item is to authorize a Resolution of the Miami City Commission with attachment(s), pursuant to Request for Qualifications ("RFQ") No. 1790386 to establish a pre -qualified pool ("Pool") for the provision of Federal Lobbying Services for the Office of the City Manager ("OCM"), from: Continental Strategy, LLC, Becker & Poliakoff, P.A., Ballard Partners, Inc., and Brumidi Group LLC, for an initial term of five (5) years, with the option to renew for one (1) additional two (2) year period; authorizing the City Manager to execute the negotiated Professional Services Agreement(s) ("PSA") in a form acceptable to the City Attorney, and to negotiate and execute any and all documents, including any amendments, renewals, and extensions; subject to all allocations, appropriations and budgetary approvals having been previously made, compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: On May 1, 2024, the Department of Procurement, on behalf of the OCM, issued RFQ No. 1790386 under full and open competition, to establish a Pool to provide Federal Lobbying Services. On June 5, 2024, four (4) proposals were received in response to the RFQ, all of which were deemed responsive. The Evaluation Committee met on October 3, 2024, to discuss and evaluate the proposals, and recommended all four (4) Proposers for inclusion into the Pool. On November 7, 2024, the City Manager concurred with the recommendation of the Committee. Upon establishment of the Pool, additional firms may be added or removed from the Pool at any time, as the City may deem in its sole best interest. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Procurement Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission Reviewed B Annie Perez Aniska Elliott Marie Gouin Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Thomas M. Fossler George K. Wysong III Nicole Ewan Maricarmen Lopez Procurement Review Budget Analyst Review Budget Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Completed 05/04/2025 2:11 PM Completed 05/16/2025 7:13 AM Completed 05/16/2025 10:38 AM Completed 05/16/2025 5:50 PM Completed 05/16/2025 5:54 PM Completed 05/19/2025 9:15 AM Completed 06/02/2025 12:40 PM Completed 06/02/2025 2:02 PM Completed 06/12/2025 9:00 AM Completed 06/17/2025 9:00 AM City of Miami Legislation Resolution Enactment Number: R-25-0175 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17536 Final Action Date:6/17/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 18- 86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), APPROVING THE CITY MANAGER'S RECOMMENDATION TO AWARD CONTRACTS PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 1790386 TO CONTINENTAL STRATEGY, LLC, BECKER & POLIAKOFF, P.A., BALLARD PARTNERS, INC., AND BRUMIDI GROUP LLC (COLLECTIVELY "FIRMS") TO ESTABLISH A PRE -QUALIFIED POOL ("POOL") FOR THE PROVISION OF FEDERAL LOBBYING SERVICES ("SERVICES") ON AN AS -NEEDED BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS AND AGENCIES FOR THIS PURPOSE, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRMS FOR THE SERVICES FOR TERMS OF FIVE (5) YEARS, WITH ONE (1) ADDITIONAL TWO (2) YEAR RENEWAL, ON AN AS -NEEDED BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") has a need for experienced and qualified firms to provide federal lobbying services ("Services"); and WHEREAS, on May 1, 2024, the Department of Procurement ("Procurement") issued Request for Qualifications No. 1790386 ("RFQ"), under full and open competition, to establish a pool of pre -qualified firms ("Pool") to provide the Services; and WHEREAS, on June 5, 2024, four (4) proposals were received in response to the RFQ, and all four (4) proposals were deemed responsive; and WHEREAS, on October 3, 2024, the Evaluation Committee ("Committee") appointed by the City Manager convened to discuss and evaluate the four (4) responsive proposals, following the guidelines established within the RFQ; and WHEREAS, based on the evaluation, the Committee recommended all four (4) firms: Continental Strategy, LLC, Becker & Poliakoff, P.A., Ballard Partners, Inc., and Brumidi Group LLC (collectively "Firms") for inclusion into the Pool; and WHEREAS, on November 7, 2024, the City Manager concurred with the recommendation of the Committee, and recommends the same; and WHEREAS, Section 18-86(c) of the Code of the City of Miami, Florida, as amended ("City Code") requires all contract awards in excess of $50,000.00 must be approved by the City Commission after reviewing the recommendation by the City Manager; and WHEREAS, the City Commission desires to approve the recommendation of the City Manager and authorize the City Manager to negotiate and execute contracts with the Firms to provide the Services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 18-86 of the City Code, the recommendation of the City Manager to award contracts under the RFQ to the Firms to provide the Services on an as - needed basis is hereby approved. Section 3. Funds to be allocated from the various sources of funds from the end user departments and agencies, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute contracts, all in forms acceptable to the City Attorney, with the Firms for the Services for terms of five (5) years, with one (1) additional two (2) year renewal, on an as -needed basis. Section 5. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and in compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and in compliance with all applicable laws, rules, and regulations, necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge . Wyy.ng III, C ty ttor ey 6/2/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. Olivera, Rosemary From: Gandarilla, Aimee Sent: Tuesday, July 29, 2025 9:04 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Fossler, Thomas; Del Oro, Jessica Subject: PSA Becker & Poliakoff, P.A. (matter 25-1966) Attachments: PSA Becker & Poliakoff, P.A. (matter 25-1966).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Jessica: Please close Matter 25-1966. Thank you, Aimee candaniltai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i