HomeMy WebLinkAbout25768AGREEMENT INFORMATION
AGREEMENT NUMBER
25768
NAME/TYPE OF AGREEMENT
SARAH ZABEL
DESCRIPTION
PROFESSIONAL SERVICES AGREEMENT/HEARING
OFFICER/FILE I D : 17992/R-25-0332/MATTER I D : 25-461
EFFECTIVE DATE
September 29, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
9/29/2025
DATE RECEIVED FROM ISSUING
DEPT.
9/29/2025
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Department of Procurement
DEPT. CONTACT PERSON: Aimee Gandarilla/Justin Griffin
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Sarah Zabel
EXT. 1906/1949
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 for Hearing Officer Sarah Zabel
COMMISSION APPROVAL DATE: 9/11/2025
FILE ID: 17992
ENACTMENT NO.: 25-0332
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER
September 18, 2025
Annie Perez,
114:19:47 EQT....9.—,
SIGNATURE:
CPPO
-- 2.---,
,_�E
SUBMITTED TO RISK MANAGEMENT
September 18, 20
David Ruiz
5 14:24:47 EM°°`"s'9"""
SIGNATURE:
FrcuAk Gaw,vy
SUBMITTED TO CITY ATTORNEY
matter 25-461
September 25, 2025
George K. Wysong
115:33:22 E,,�T—s.edor
SIGNATURE:
III
Gtar,)t L 1sow) III
APPROVAL BY ASSISTANT CITY MANAGER/CHIEF
FINANCIAL OFFICER
September 26, 2025
Erica Paschal
11:17:56 ED°
SIGNATURE:
Darling, CPA
T
` , Pe
. 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
September26, 2J25
Natasha Colebrook
12:16:06 EDT
SIGNATURE:
-Williams
N °cd,./..ak_w.,&-.4
RECEIVED BY CITY MANAGER
September 29, 2025
Arthur Noriega V
107:17:10 EDT
SIGNATURE. a ,
SUBMITTED TO THE CITY CLERK
September 29, 2025
Todd Hannon
111:32:12 EDT
SIGNATURE:
o u ^ctl
( i ;C- -___
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:
Justin Griffin
Contact Person
Sr. Procurement Contracting Officer
Title
Legal Service Requested:
Matter 25-461: PSA for Hearing Officer Sarah Zabel
9/17/2025
Date:
Procurement
Requesting Client
(305) 416-1949
Telephone
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
AGREEMENT/AMENDMENT OVERVIEW
AGREEMENT TITLE:
Hearing Officer Pool
1. AWARD DELEGATED AUTHORITY:
❑ Chief Procurement Officer — Authority level of $
❑ City Manager — Authority level of $
0 City Commission — RESOLUTION No. 25-0332
2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK
❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000
3. TYPE OF AGREEMENT: ® PROFESSIONAL SERVICES AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT
❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT ❑ CONCESSION AGREEMENT
❑ OTHER (Please explain):
4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT
DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE
SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING
AMENDED ON THE CONTRACT.
N/A
5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO
IF YES, WHAT IS THE RESOLUTION NUMBER?
6. WHAT IS THE SCOPE OF SERVICES?
The City is seeking to create pool of Hearing Officers to resolve disputes arising under Chapter 18-104 of the City Code. Pursuant
to Ordinance Number 13629, the list of potential Hearing Officers must be approved by the City Commission. Hearing Officers are
appointed in a prequalified group that is scheduled to hear protests on a rotational basis. 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.
7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS?
Office of the City Attorney and the Department of Procurement.
8. IS THE AWARDEE INCUMBENT?
This is a new pool of seven (7) Hearing Officers.
Updated 1/29/2025
9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT?
The fee structure would match other governmental agencies in Southeast Florida; $250.00 per
hour, and in no event to exceed $3,000.00 per completed hearing.
10. WHEN DOES THE CURRENT CONTRACT EXPIRE?
N/A
11. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT?
N/A
12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)?
A resolution approving the City Manager's recommendation to establish a Hearing Officer Pool.
Updated 1/29/2025
AGREEMENT
By and Between
The City of Miami, Florida
And
Sarah Zabel
THIS AGREEMENT ("Agreement") is made and entered into this 29th day of
September 2025, effective upon signature (the "Effective Date"), by and between the City
of Miami, Florida, a Florida municipal corporation ("City"), whose address is 444 S.W. 2nd
Avenue, 10th Floor, Miami, Florida 33130 ("City"), and Sarah Zabel, an individual over the age of
21 years ("Hearing Officer" or "Magistrate"), whose address is 1121 NE 178t" Terrace, North Miami
Beach, FL 33162-1274.
RECITALS:
WHEREAS, Ordinance No. 13629, adopted on September 8, 2016, amended Chapter 18,
Article III, Section 18-104(b) of the City Code, and Chapter 18, Article V, Section 18-176.3 of the
City Code, to provide for the adjudication of bid protests and awards arising under Chapter 18 of
the City Code, through Hearing Officers; and
WHEREAS, Ordinance No. 13629 authorizes the City Manager to execute a
Professional Services Agreement ("PSA") with each Hearing Officer, in a form acceptable to the
City Attorney, under the terms and conditions set forth herein;
WHEREAS, it is in the best interest of the City that protests be heard by an uninterested
hearing officer who is familiar with procurement, municipal, and commercial law and procedures,
which will provide an impartial review of such decisions and recommendations for award;
WHEREAS, the City from time to time retains individuals acting as independent
contractors on a contractual basis for a specific term to perform certain specialized defined tasks
for the City and which tasks, by their nature, require independent and autonomous judgment; and,
WHEREAS, the City must retain the professional services of a Hearing Officer to act as a
Hearing Officer and perform the Services described below; and
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WHEREAS, the City through its City Manager's Office wishes to retain the Hearing Officer
and has deemed the Hearing Officer qualified in accordance with the applicable sections of the Code
of the City of Miami, Florida, as amended ("City Code"), including Section 18-104, dealing with "Bid
Protests", and the Hearing Officer agrees to perform the Services defined below and described
herein.
NOW, THEREFORE, pursuant to Ordinance No. 13629 and Section 18-104 of the City Code,
and other applicable Sections of the City Code, the parties in consideration of the mutual obligations
expressed herein, and for other good and valuable consideration, the receipt and sufficiency of
which are acknowledged by the parties, the City and the Hearing Officer agree as follows:
TERMS:
1. RECITALS AND INCORPORATIONS; DEFINITIONS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement. The Scope of Services related to the duties of Hearing Officers is hereby incorporated
into and made a part of this Agreement, and attached hereto as Exhibit "A."
2. TERM:
The Agreement shall become effective on the date on the first page and shall be for the
duration of five (5) years with the option to renew for one (1) additional two (2) year period. 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. SCOPE OF SERVICES:
A. Hearing Officer agrees to provide the Services as specifically described under in
Exhibit "A," which by this reference is incorporated into and made a part of this Agreement, and such
other related tasks as may from time to time be assigned.
B. Hearing Officer represents to the City that they: (i) possesses all qualifications,
licenses, certificates, authorizations, registrations, and expertise required for the performance of the
Page 2 of 23
Services, including, but not limited to, full qualification to do business in Florida; (ii) are not
delinquent in the payment of any sums due the City, any City agency or instrumentality, including
payment of accounts, debts, permits, fees, occupational licenses, 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; and, (iv) the Services will be performed in the manner described in
Exhibit "A.
C. Hearing Officer shall at all times provide fully qualified, competent and physically
capable employees to perform the Services under this Agreement. Hearing Officer shall possess
and maintain any required licenses, permits and certifications to perform the Services under this
Agreement. City may require Hearing Officer 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.
4. COMPENSATION:
A. The Hearing Officer shall receive the amount of Two Hundred Fifty Dollars ($250.00)
per hour for all Services covered by this Agreement, which will include attending hearings, and
preparing and reviewing final orders; provided, however, that in no event shall the amount of
compensation per any single matter exceed Three Thousand Dollars ($3,000.00), which is the
maximum allowable fee for any matter regardless of duration, nor shall it include travel, research,
etc. The Hearing Officer will provide a detailed invoice listing daily work for any billing period and
will also report the number of hours worked during that period.
B. The Hearing Officer shall not be entitled to any employment emoluments, and as
such, the Hearing Officer shall be required to complete Form W-9 prior to execution of this
Agreement. Further, the Hearing Officer expressly acknowledges that Hearing Officer shall not
acquire status, benefits, or rights as a City employee, temporary or permanent, classified or
unclassified, by virtue of this Agreement. The Hearing Officer shall provide the City Manager with
the completed Form W-9 at the time of execution of the Agreement.
Page 3 of 23
C. Payment shall be made in arrears based upon work performed to the satisfaction of
the City within forty-five (45) days after receipt of Hearing Officer'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.
D. Hearing Officer agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Hearing Officer 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 Hearing Officer.
E. Prices shall remain firm and fixed for the term of the Agreement, including any
renewal or extension periods.
5. OWNERSHIP OF DOCUMENTS:
Hearing Officer understands and agrees that any information, data, document, report or any
other material whatsoever which is given by the City to Hearing Officer, its employees, or any
subcontractor, or which is otherwise obtained or prepared by Hearing Officer 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. Hearing Officer agrees not to use any such information, data, 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. Hearing Officer is
permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Hearing
Officer 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 laws, be
breached. The City shall maintain and retain ownership of any and all data and documents which
result upon the completion of the work and Services and prepared by Hearing Officer solely and
exclusively for the City pursuant to or under the terms of this Agreement as per the terms of this
Section 5.
Page 4 of 23
6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Hearing Officer agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Hearing Officer 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 ten (10) years following the date of final payment
by the City to Hearing Officer under this Agreement, audit and inspect, or cause to be audited and
inspected, those books, documents, papers, and records of Hearing Officer which are solely related
to Hearing Officer's performance under this Agreement. Hearing Officer agrees to maintain any and
all such books, documents, papers, and records at its principal place of business for a period of ten
(10) years after final payment is made under this Agreement and all other pending matters are
closed. Hearing Officer's failure to adhere to, or refusal to comply with, this condition shall result in
the immediate cancellation of this Agreement by the City. The audit provisions set forth 18-102 of
the City Code are applicable to this Agreement.
B. The City may, at reasonable times during the term hereof, inspect the Hearing
Officer's facilities, as the City deems reasonably necessary, to determine whether the Services
required to be provided by Hearing Officer under this Agreement conform to the terms hereof.
Hearing Officer shall make available to the City all reasonable facilities and assistance to facilitate
the performance of inspections by City representatives. The inspection provisions set forth 18-101
of the City Code are applicable to this Agreement. All audits and inspections shall be subject to, and
made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the City.
7. AWARD OF AGREEMENT:
Hearing Officer represents and warrants to the City that the Hearing Officer has not
employed or retained any person or company employed by the City to solicit or secure this
Agreement and that the Hearing Officer 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.
Page 5 of 23
8. PUBLIC RECORDS:
A. Hearing Officer 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. Hearing Officer'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. Hearing Officer 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) if required, 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, Hearing Officer shall be
permitted to retain any public records that make up part of Hearing Officer's work product solely as
required for archival purposes, as required by law, or to evidence compliance with the terms of the
Agreement.
C. SHOULD HEARING OFFICER DETERMINE TO DISPUTE ANY PUBLIC ACCESS
PROVISION REQUIRED BY FLORIDA STATUTES, THEN HEARING OFFICER SHALL DO SO
AT HEARING OFFICER'S OWN EXPENSE AND AT NO COST TO THE CITY. IF THE HEARING
OFFICER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE HEARING OFFICER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800,
VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI
Page 6 of 23
OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE
HEARING OFFICER MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF
MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT.
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Hearing Officer understands that agreements with local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflicts of interest, ethics, funding,
lobbying, record keeping, etc. City and Hearing Officer 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.
Hearing Officer further agrees to include in all of Hearing Officer'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.
10. INDEMNIFICATION:
Hearing Officer shall indemnify, hold and save harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, departments, instrumentalities and/or employees,
from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by performance of this Agreement by the Hearing Officer, the
Hearing Officer's compliance and/or noncompliance with the provisions of this Agreement, and all
laws and regulations pertaining to the Hearing Officer's services which are applicable to the Hearing
Officer, the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct
of Hearing Officer and persons employed or utilized by Hearing Officer in the performance of this
Agreement. Hearing Officer shall further indemnify, save and hold harmless for, and defend (at its
own cost), the City, its officers, agents, directors, departments, instrumentalities and/or employees
against any civil actions, administrative, regulatory, statutory or similar claims, injuries or damages
arising or resulting from the Services. In the event that any action, cause of action, claim, demand
or proceeding (collectively "Claim(s)") is brought against the City by reason of any such Claim(s),
Page 7 of 23
the Hearing Officer shall, upon written notice from the City, resist and defend such action or
proceeding by counsel reasonably satisfactory to the City Attorney. The Hearing Officer expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by the Hearing Officer shall in no way limit the responsibility to indemnify, hold, keep and
save harmless and defend the City, its officers, agents, directors, departments, instrumentalities
and/or employees as herein provided.
The indemnification provided above shall obligate the Hearing Officer to defend, at its own
expense, to and through trial, mediation, arbitration, administrative, regulatory, appellate,
supplemental or bankruptcy proceedings, 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 Hearing Officer, or persons or entities employed
or utilized by Hearing Officer.
These duties will survive the cancellation or expiration of the Agreement. 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 they may
be applicable, and as they may be amended.
Hearing Officer shall require all subcontractor agreements to include a provision that each
subcontractor will indemnify, hold harmless and defend the City in substantially the same language
as this Section. The Hearing Officer 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 Hearing Officer in
which the City participated either through review or concurrence of the Hearing Officer's actions. In
reviewing, approving or rejecting any submissions by the Hearing Officer or other acts of the Hearing
Officer, the City, in no way, assumes or shares any responsibility or liability of the Hearing Officer or
subcontractor under this Agreement.
Ten dollars ($10.00) 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 Hearing Officer.
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11. DEFAULT:
If Hearing Officer fails to comply 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 Hearing Officer shall be in default. Hearing Officer
understands and agrees that termination of this Agreement under this section shall not release
Hearing Officer from any obligation(s) accruing prior to the effective date of termination. Should
Hearing Officer be unable or unwilling to commence to perform the Services within the time provided
or contemplated herein, then, in addition to the foregoing, Hearing Officer 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. Upon the occurrence of a default hereunder the City, in
addition to all remedies available to it by law, may immediately, upon written notice to Hearing
Officer, terminate this Agreement whereupon all payments, advances, or other compensation paid
by the City to Hearing Officer while Hearing Officer was in default shall be immediately returned to
the City.
If the City fails to comply 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 Hearing Officer, the City shall be in default, which shall be treated as a termination
pursuant to Section 13.
12. RESOLUTION OF AGREEMENT DISPUTES:
Hearing Officer understands and agrees that all disputes between Hearing Officer and the
City based 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 Hearing Officer being entitled to seek judicial relief
in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved
by the City Commission. Hearing Officer 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
Page 9 of 23
compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), 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 (one hundred twenty (120) 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.
13. 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 or any stated cause, at
any time, by giving written notice to Hearing Officer at least thirty (30) calendar days prior to the
effective date of such termination. In such event, the City shall pay to Hearing Officer compensation
for Services rendered and approved expenses incurred prior to the effective date of termination. In
no event shall the City be liable to Hearing Officer 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 Hearing Officer shall have no recourse or remedy against
the City for a termination 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 Hearing Officer for
Services rendered by Hearing Officer 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 or Hearing Officer be liable to the other for any additional
compensation and expenses incurred, other than that provided herein, and in no event shall the City
or Hearing Officer be liable for any direct, indirect, consequential or incidental damages.
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14. INSURANCE:
Insurance is not required.
15. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS
WITH DISABILITIES ACT:
Hearing Officer 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.
Hearing Officer 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 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, Hearing Officer shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
Hearing Officer 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 Agreement. Furthermore, Hearing Officer 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, Hearing
Officer 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.
Page 11 of 23
16. ASSIGNMENT:
The Hearing Officer's Services are considered unique and specialized. This Agreement shall
not be assigned, sold, transferred, pledged, or otherwise conveyed by Hearing Officer, in whole or
in part, and Hearing Officer shall not assign any part of its operations which are related to the
performance of this Agreement, 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.
17. 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.
TO HEARING OFFICER:
Sarah Zabel
MAZE Resolutions, P.A.
1121 NE 178th Terrace
North Miami Beach, FL 33162-1274
TO THE CITY:
Arthur Noriega, V
City Manager
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130-1910
Annie Perez, CPPO
Director / Chief Procurement Officer
City of Miami
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130-1910
George K. Wysong III
City Attorney
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130-1910
David Ruiz
Interim Director
Risk Management Department
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
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18. 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, memorandum, 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 freely, knowingly irrevocably waive
any rights to a jury trial in any actions or proceedings between them related to this Agreement.
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 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 either event, the
remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect
or limitation of its use.
D. Hearing Officer shall comply with all applicable laws, rules, and regulations in the
performance of this Agreement, including, but not limited to, licensure, registration, and certifications
required by law for professional service Hearing Officers performing these services.
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. All changes and/or modifications to this Agreement shall be approved in
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advance and in writing by the Office of the City Attorney as to legal form and correctness, and
executed in writing by the City and the Hearing Officer.
F. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
G. Nothing contained in this Agreement is any way intended to be a waiver of the
limitation placed upon the Indemnitees' liability as set forth in Chapter 768, Florida Statutes.
Additionally, the Indemnitees do not waive sovereign immunity, and no claim or award against the
Indemnitees shall include attorney's fees, investigative costs, pre -suit or adjusting costs, or pre-
judgment interest.
H. If any term or provision of this Agreement, or combination of the same, is in violation
of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision
or combination of same shall be modified or reformed by the court to the minimum extent necessary
to accomplish the intention of the entire Agreement to the maximum extent allowable, under any
legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the
Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a
material breach of this Agreement causing cancelation or cancellation for convenience.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns.
20. INDEPENDENT CONTRACTORS:
Hearing Officer 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
Hearing Officer, nor its employees, nor any subcontractor hired by Hearing Officer to provide any
Services 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. Hearing Officer further understands that Florida Workers' Compensation benefits
available to employees of the City are not available to Hearing Officer, its employees, or any
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subcontractor hired by Hearing Officer to provide any Services hereunder, and Hearing Officer
agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation
insurance for any employee or agent of Hearing Officer rendering Services to the City under this
Agreement. Hearing Officer further understands and agrees that Hearing Officer's or subcontractors'
use or entry upon City properties shall not in any way change its or their status as an independent
contractor.
21. 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.
22. 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
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.
23. CITY NOT LIABLE FOR DELAYS:
Hearing Officer hereby understands and agrees that in no event shall the City be liable
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for, or responsible to Hearing Officer 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.
24. USE OF NAME:
Hearing Officer understands and agrees that the City is not engaged in research for
advertising, sales promotion, or other publicity purposes. Hearing Officer is allowed, within the
limited scope of normal and customary marketing and promotion of its work, to use the general
results of these Services and the name of the City. The Hearing Officer 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.
25. NO CONFLICT OF INTEREST:
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts
of interest, Hearing Officer hereby certifies to the City that no individual member of Hearing Officer,
no employee, and no subcontractor under this Agreement nor any immediate family member of any
of the same is also a City employee or a member of any board, commission, or agency of the City.
Hearing Officer hereby represents and warrants to the City that throughout the term of this
Agreement, Hearing Officer, its employees, and its subcontractors will abide by this prohibition of
the City Code.
Hearing Officer additionally agrees during the term of this Agreement not to serve as a paid
expert witness, affiant or otherwise furnish evidence adverse to the City in a Claim brought against
the City by any third party.
26. NO THIRD -PARTY BENEFICIARY:
No persons other than the Hearing Officer and the City (and their successors and assigns)
shall have any rights whatsoever under this Agreement.
27. SURVIVAL:
All obligations (including, but not limited to, indemnity and obligations to defend and hold
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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.
28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
Hearing Officer hereby certifies, represents and warrants to the City that on the date of
Hearing Officer's execution of this Agreement, and for so long as this Agreement shall remain in full
force and effect, the wage rates and other factual unit costs supporting the compensation to Hearing
Officer under this Agreement are and will continue to be accurate, complete, and current. Hearing
Officer 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 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. compensation
29. COUNTERPARTS, ELECTRONIC SIGNATURES:
This Agreement may be executed in counterparts, 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.
30. ANTITRUST VIOLATOR VENDORS:
A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a
conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply
on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal,
or reply on any agreement with a public entity for the construction or repair of a public building or
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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.
31. ANTI -HUMAN TRAFFICKING:
The Bidder/Proposer confirms and certifies that it is not in violation of Section 787.06, Florida
Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section
787.06, Florida Statutes. The Bidder/Proposer shall execute and submit to the City an Affidavit, of
even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an
incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder/Proposer fails to
comply with the terms of this Section, the City may suspend or terminate this Agreement
immediately, without prior notice, and in no event shall the City be liable to Successful
Bidder/Proposer for any additional compensation or for any consequential or incidental damages.
32. E-VERIFY
By entering into this Agreement, CBRE and its subcontractors are jointly and severally
obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled
"Employment Eligibility." CBRE affirms that (a) it has registered and uses the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new employees of
CBRE; (b) it has required all subcontractors to this Agreement to register and use the E-Verify
system to verify the work authorization status of all new employees of the subconsultant; (c) it has
an affidavit from all subcontractors to this Agreement attesting that the subconsultant does not
employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of
any such affidavits for the duration of the Agreement. Registration information is available at:
http://www.uscis.gov/e-verify. If City has a good faith belief that CBRE has knowingly violated
Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with
Section 448.095(5)(c), Florida Statutes. In the event of such termination, CBRE agrees and
acknowledges that it may not be awarded a public contract for at least one (1) year from the date of
such termination and that CBRE shall be liable for any additional costs incurred by the City because
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of such termination. In addition, if City has a good faith belief that a subcontractor has knowingly
violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but CBRE has otherwise
complied with its requirements under those statutes, then CBRE agrees that it shall terminate its
contract with the subcontractor upon receipt of notice from the City of such violation by subcontractor
in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this
provision must be filed in the Circuit or County Court by the City, CBRE, or subcontractor no later
than twenty (20) calendar days after the date of Agreement termination.
33. ENTIRE AGREEMENT:
This instrument and its exhibits constitute the sole and only Agreement of the parties relating
to the subject matter hereof and correctly sets 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.
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
Title: Novi
ATTEST:
By:
Todd B. Hannon
City Clerk
Signed by:
"Hearing Officer"
Sarah Zabel,
an individual over the age of twenty-one (21)
years.
Name: C irc 1,L 34 e 1
Title:'PleeMAvOe pA
"City"
CITY OF MIAMI,
a Florida municipal corporation
By: ��±!,","" 14" `
Arthur Noriega V
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: os REQUIREMENTS:
LtA'1-F
By:
George K. Wysong III 25-461
By: [ " ‘'o mtA)
David Ruiz, Interim Director
City Attorney Risk Management
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EXHIBIT "A"
SCOPE OF SERVICES
A. BACKGROUND
On September 8, 2016, the City Commission approved Ordinance No. 13629, which
amended Chapter 18, Article III, Section 18-104(b), entitled "Finance/City of Miami
Procurement Ordinance/Resolution of Protested Solicitations and Awards/Authority to
Resolve Protests", and Chapter 18, Article V, Section 18-176.3, entitled "Finance/Sale or
Lease of City's Real Property/Procedures for Resolution of Protested UDP's and Awards",
of the Code of the City of Miami, Florida, as amended ("City Code"), to provide for the
adjudication of solicitation protests and awards, arising under Chapter 18 through Hearing
Officers. The aforementioned sections of the City Code are hereby attached and
incorporated by reference, as Attachment "A."
B. SERVICES TO BE PROVIDED
The Hearing Officer shall:
1. Provide for the adjudication of solicitation protests and awards arising under Chapter
18 of the City Code;
2. Direct the conduct and procedure of the hearing;
3. Consider all evidence and witnesses and exclude those that are irrelevant, immaterial
or unduly repetitious;
4. Determine whether procedural due process has been afforded and whether essential
requirements of law have been observed;
5. Determine whether the City acted arbitrarily, capriciously, or with an absolute abuse
of discretion in accordance with the applicable laws;
6. Determine whether the decision was or is 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;
7. Complete and submit to the City a final order consisting of findings of fact and
conclusions of law within ten (10) days of the hearing; and/or
8. Provide any other services related to, but not included in the above Services, at the
request of the City.
C. SCHEDULING OF WORK
The assignment of a protest to a Hearing Officer will be on a rotational basis. Within thirty
(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
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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.
D. QUALIFICATION REQUIREMENTS
The Hearing Officer warrants that it meets, and will continue to maintain throughout the
duration of the Agreement and any renewals thereof, the following qualification
requirements:
Pursuant to Section 18-104(2)(b)(1) of the City Code, the Hearing Officer may be a Special
Master as defined in Chapter 2, Article X, Section 2-811 of the City Code, attached hereto,
and incorporated by reference, as Attachment "A", or a lawyer in good standing with the
Florida Bar for a minimum of ten (10) years with a preference given to a lawyer who has
served as an appellate or trial court judge.
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ATTACHMENT A
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the performance of such tests or inspections, the chief procurement officer shall have the authority to
make use of the laboratory facilities of any department of the city or any outside laboratory or special
expertise available toevaluate service performance.
(c) Conduct of inspections. Whenever possible, inspections and tests shall be performed so as not to unduly delay
or inconvenience the contractual parties. Contractual parties shall make available at no charge to the city all
reasonable facilities and assistance, in order to facilitate the performance of inspections or tests by city
representative.
Sec 18'102.'Audhs.
(a) Solicitations and contractual provisions. City contracts sha I I provide that the city may inspect the books and
records of contractual parties to determine conformance with the solicitation requirements contained in the
invitation for bids or request for proposals or, after award, with the terms and conditions of the contract.
(b) Procedures for audits.
(1) The chief procurement officer may specify the general procedures for inspection of books and records
and for the conduct of audits of all goods or services, sales or leases under city contracts.
(2) An audit may be required when, in respect to an actual or prospective contractual party, there is:
a. Aquestion astothe adequacy ofaccounting policies orCost systems;
b. A substantial change in the methods or levels of operations;
c. Previous unfavorable experience indicating doubtful reliability of estimating, accounting or
purchasing methods;
d. A lack of cost experience due to the procurement of a new supply or service; or
e. Other evidence that an audit is in the city's best interests as determined by the chief procurement
officer, the city manager orthe city commission.
(c) Conduct of audits. Whenever possible, audits shall be performed so as not to unduly delay or inconvenience
the contractual party. Contractual parties shall make available at no charge tnthe city all reasonable facilities
and assistance, for the convenience of the city representatives performing the audit.
Sec. 18'1O3.'Disputes and legal remedies.
The following procedure in sections 18-104 through 18-107 shall be used for arriving at early settlement of grievances by
interested parties who have participated in the city's procurement process.
Sec. 18'1O4.'Resolution ofprotested solicitations and awards.
(a) 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.
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a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contra
chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procur
three days after the request for proposals, request for qualifications or request for letters of interest i,.
newspaper ofgeneral circulation. Anotice ofintent tofile aprotest isconsidered filed when received L
procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or 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 ofintent to file a protest is considered filed when received by the chief
procurement officer.
(2) Protest ofaward.
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.
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 ofprotest was filed. Awritten protest is considered filed
when received bythe chief procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria orthe formula for
assigning points in making an award determination.
The written protestshall 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
ofthe written protest and nofacts, grounds, documentation orevidence not contained inthe 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
beexcluded inthe computation ofthe time for filing.
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(b) Authority to resolve protests; hearing officer(s), Hearing officers appointed bythe city shall have authority toras(
protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separa
potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this s
later than five working days following the filing of a bid protest. The hearing officer shall have the authority to sel
resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the othe/
specified within ten days after he/she holds ahearing 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 courtjudge. The hearing officer may
be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.)
where the city commission adopts arecommendation of the city attorney that such action isnecessary 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 bescheduled tohear protests ona rotational basis.
(Z) 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 ofintent to protest followed by an actual protest as provided in
subsection 18'1O4(a).The notice ofintent toprotest and the actual protest must each betimely received
by the chief procurement officer and must comply with all requirements set forth in subsection 18-
1O4(a).Fai|uretosubmitthenequirednoticeofintenttoprutestandtheactua|protestvvithinthe
specified dmeframeswill result inanadministrative 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 beheard.
(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,
tothe mailing address ofthe 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 protestor 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
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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 asnecessary toensure that the
hearing shall not exceed atotal ufone 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
acondusion.
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
tothe denial orgranting ofthe protest, asapplicable.
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.
(d 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)' abuve, 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 seekjudicial
relief without first having followed the procedure set forth in this section.
(d) Stay of procurements duringprotests. 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 nrwelfare.
(e) Costs. All costs accruing from aprotest shall beassumed bythe protestor.
Ul 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 (e) 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.
Sec. 18-105. - Resolution of contract disputes.
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(a) Authority to resolve contract disputes. The city manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the contractual party and the city which arise under, or by
virtue of, a contract between them; provided that, in cases involving an amount greater than $ZS.00O.UU.the
city commission must approve the city manager's decision. Such authority extends, without limitation, to
controversies 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 bythe city commission orthe city manager
which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting
party, along with a notice of such party's right to seekjudicial 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.
Sec. 18-106. - Remedies prior to award.
|fprior 0ocontract award it is determined that a solicitation or proposed award is in violation of law, then the solicitation
or proposed award shall be canceled by the city commission, the city manager or the chief procurement officer, as may be
applicable, or revised to comply with the law.
Sec. 18-107. - Debarment and suspensions.
(a) Authority and requirement todebar and suspend. After reasonable notice toanactual orprospective
contractual party, and after reasonable opportunity for such party to be heard, the city manager, after
consultation with the chief procurement officer and the city attorney, shall have the authority to debar a
contractual party, for the causes listed below, from consideration for award of city contracts. The debarment
shall be for a period of not fewer than three years. The city manager shall also have the authority to suspend a
contractual party from consideration for award of city contracts if there is probable cause for debarment,
pending the debarment determination. The authority to debar and suspend contractors shall be exercised in
accordance with regulations which shall be issued by the chief procurement officer after approval by the city
manager, the city attorney, and the city commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1)
(2)
ED
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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.
Conviction under state orfederal statutes ofembezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, orany other offense indicating a lack ofbusiness
integrity or business honesty.
Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals.
Violation of contract provisions, which is regarded by the chief procurement officer to be indicative of
nonresponsibility. 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.
City of Miami, Florida Hearing Officer Agreement
EXHIBIT "B"
ANTI -HUMAN TRAFFICKING AFFIDAVIT
23
City of Miami
ANTI -HUMAN TRAFFICKING
AFFIDAVIT
1. The undersigned affirms, certifies, attests, and stipulates as follows:
Hearing Officers
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 pD ,¢
Nongovernmenyr Entity: A Z U`'e SCE (v k I:!I �L S 1/ J
Name. q��� z�,—I n Officer Title: T -UA+
Signature of Officer
Office Address: //a / /U / 7 ,'/ / /V frict I 2
Email Address:Se kt G'Zc-Y -CsOlditiYJs•6' ain Phone Number: — 7 76 ---cS4
FEIN No.B -f /Q--f /1/577
STATE OF
COUNTY OF
The foregoing instrume wa s, m to d subsc ibe before me by means of [� physical presence or O online notarization, this
day of f y Iavail 2 O 1, as the authorized officer or representative for the nongovernmental entity..
He/she is personally known to me or has produceL"Gn
(NOTARY PUBLIC SEAL)
My Commission Expires:
S
as identifi
.
4 OfI .4
dI I I MIL/Jr J
i0i�� 6
(Printed, Typ
, or Stamped N
jif% Notary Public State of Florida
Jaqueline Casey
My Commission HH 143932
mod Expires 09/04/2025
ary Public)
AGENDA ITEM SUMMARY FORM
File ID: #17992
Date: 08/11/2025
Commission Meeting Date: 09/11/2025
Type: Resolution
Subject: Establish - Hearing Officers Pool
Purpose of Item:
Requesting Department: Department of
Procurement
Sponsored By:
District Impacted: All
The nature of this item is to authorize a Resolution of the Miami City Commission, with
attachments, , pursuant to Ordinance No. 13629, approving the City Manager's
recommendation to create a Pool of Hearing Officers, attached and incorporated hereto
as Exhibit "A," to resolve protests filed under Chapter 18 of the Code of the City of
Miami, Florida, as amended ("City Code"); authorizing the City Manager to execute a
Professional Services Agreement ("PSA"), in a form acceptable to the City Attorney,
with each Hearing Officer; further authorizing the City Manager to negotiate and execute
any and all documents, including any amendments, renewals, and extensions subject to
all allocations, appropriations, prior budgetary approvals, and in compliance with all
applicable provisions of the Code, of the City of Miami, Florida, as amended ("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, in forms 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:
The City is seeking to create a pool of Hearing Officers to resolve protests arising under
Ordinance No. 13629 and Chapter 18-104 of the City Code. Ordinance No. 13629,
adopted on September 8, 2016, amended Chapter 18, Article III, Section 18-104(b) of
the City Code, to provide for the adjudication of bid protests and awards, arising under
Chapter 18 of the City Code. Furthermore, Ordinance No. 13629 provides for the list of
potential Hearing Officers to be pre -approved by the City Commission.
The engagement of Hearing Officers is excluded from the procurement ordinance as
legal services per Sections 18-72(b)(16) and 18-104 (b)(1) of the Procurement Code.
Procurement, on behalf of the Office of the City Attorney ("City Attorney") contacted
members of the local legal community to gauge interest in participating in the Hearing
Officer Pool. The persons contacted included qualified Attorneys, as well as, current
and former City of Miami ("City") Hearing Officers, and Special Masters. Additionally,
several Miami -Dade County Hearing Officers were contacted. In response, the City
received seven (7) positive affirmations from individuals for inclusion in the Hearing
Officer Pool.
Due diligence was conducted to determine the eligibility of potential Hearing Officers
including Florida Bar status and eligibility to practice Law in Florida. Furthermore,
Procurement confirmed the qualifications of each potential Hearing Officer vis-a-vis the
qualification requirements of Chapter 18- 104 of the City Code. No performance or
compliance issues were found and there were no adverse findings related to any of the
potential Hearing Officers' responsibilities. Eligibility reviews will be conducted
periodically and prior to the engagement of any Hearing Officers throughout the term of
each Hearing Officer's Professional Services Agreement ("PSA").
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Department of Procurement
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Reviewed B
Annie Perez
Calvin Fifer
Mabel Betancourt
Marie Gouin
Erica T. Paschal
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Thomas M. Fossler
George K. Wysong III
Maricarmen Lopez
Procurement Review
Budget Analyst Review
Budget Analyst Review
Budget Review
ACM Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Completed 08/19/2025 4:41 PM
Completed 08/22/2025 9:54 AM
Skipped 08/19/2025 4:17 PM
Completed 08/22/2025 3:32 PM
Completed 08/25/2025 1:06 PM
Completed 08/25/2025 1:21 PM
Completed 08/27/2025 7:03 AM
Completed 08/27/2025 3:32 PM
Completed 09/02/2025 9:10 AM
Completed 09/02/2025 5:07 PM
Completed 09/11/2025 9:00 AM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0332
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17992 Final Action Date:9/11/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 18-104(B) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), APPROVING THE LIST OF HEARING
OFFICERS, ATTACHED AND INCORPORATED HERETO AS EXHIBIT "A," TO
RESOLVE PROTESTS FILED UNDER CHAPTER 18 OF THE CITY CODE;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
PROFESSIONAL SERVICES AGREEMENTS ("PSA"), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH EACH HEARING OFFICER; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND
IN COMPLIANCE WITH ALL 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, IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") is seeking to create a pool of Hearing Officers to
resolve protests arising under Ordinance No. 13629 and Chapter 18-104 of the Code of the City
of Miami, Florida ("City Code"); and
WHEREAS, Ordinance No. 13629, adopted on September 8, 2016, amended Chapter
18, Article III, Section 18-104(b) of the City Code, titled "Finance/City of Miami Procurement
Ordinance/Resolution of Protested Solicitations and Awards/Authority to Resolve Protests," and
Chapter 18, Article V, Section 18-176.3 of the City Code, titled "Finance/Sale or Lease of City's
Real Property/Procedures for Resolution of Protested Unified Development Proposals ("UDP's")
and Awards," to provide for the adjudication of bid protests and awards, arising under Chapter
18 of the City Code, through Hearing Officers; and
WHEREAS, Ordinance No. 13629 provides for the list of potential Hearing Officers to be
pre -approved by the City Commission, and the engagement of Hearing Officers is excluded
from the procurement ordinance as legal services per Sections 18-72(b)(16) and 18-104(b)(1) of
the Procurement Code; and
WHEREAS, the Department of Procurement ("Procurement"), on behalf of the Office of
the City Attorney ("City Attorney") contacted members of the local legal community to gauge
interest in participating in the Hearing Officer Pool. In response, the City received seven (7)
positive affirmations from individuals for inclusion in the Hearing Officer pool; and
WHEREAS, due diligence was conducted to determine the eligibility of the potential
Hearing Officers including Florida Bar status and eligibility to practice Law in Florida.
Furthermore, Procurement confirmed the qualifications of each potential Hearing Officer vis-a-
vis the qualification requirements of Chapter 18-104 of the City Code;
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 18-104(b) of the City Code, the list of Hearing Officers,
attached and incorporated hereto as Exhibit "A," to resolve protests filed pursuant to Chapter 18
of the City Code, is approved.
Section 3. The City Manager is hereby authorized' to negotiate and execute
agreements, in a form acceptable to the City Attorney, with each Hearing Officer.
Section 4. The City Manager is further authorized1 to negotiate and execute any and all
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, as may be
deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
Olivera, Rosemary
From: Gandarilla, Aimee
Sent: Monday, September 29, 2025 12:21 PM
To: Hannon, Todd
Cc: Olivera, Rosemary; Ewan, Nicole; Brown, Sadie
Subject: Executed Hearing Officer Sarah Zabel (Matter 25-461)
Attachments: Hearing Officer Sarah Zabel (Matter 25-461).pdf; 5 Hearing Officers - Executed PSA's
(Matter ID Nos. 25-464; 25-453; 25-460; 25-461; 25-1612
Good afternoon Todd,
Please find attached the fully executed copy of an agreement from DocuSign that will be considered an
original agreement for your records.
Thank you,
Aimee
Procurement Assistant
City of Miami Procurement Department
444 SW 2nd Avenue, 6th floor, Miami, FL 33130
P (305) 416-1906 F (305) 400-5073 E agandarilla@miamigov.com
"Serving, Enhancing, and Transforming our Community"
i