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HomeMy WebLinkAbout25770AGREEMENT INFORMATION AGREEMENT NUMBER 25770 NAME/TYPE OF AGREEMENT ROY L. WEINFELD DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/HEARING OFFICER/FILE I D : 17992/R-25-0332/MATTER I D : 25-1612 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: Roy L. Weinfeld 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 Roy L. Weinfeld 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, 2C25 Annie Perez, CPPO 114:18:55 EDT SIGNATURE: [ --ee? , SUBMITTED TO RISK MANAGEMENT September 18, 2025 David Ruiz 114:32:26 EDT SIGNATURE: ,,,,, H,,,, TO CITY ATTORNEY matter 25-1612 September 25, 2025 GSUBMITTED 115: 4:or_ge29 EI Tong III SIGNATURE: an T sb,,-2 °1 o; 9. s APPROVAL BY ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER September 26, 2JZ5'I:'1?:�I'E'Dl—arling, Er p hail CPA SIGNATURE: �"`ta'n°`ti"` 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 September 26, 2025 Natasha Colebrook -Williams 112:16:37 EDT SIGNATURE: Gra— �^Qak w a RECEIVED BY CITY MANAGER September 29, 2025 Arthur Noriega V 107:16:24 ED ey SIGNATURE: aZ rioh SUBMITTED TO THE CITY CLERK Todd Hannon SIGNATURE: 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 9/17/2025 Date: Procurement Requesting Client (305) 416-1949 Telephone Legal Service Requested: Matter 25-1612: PSA for Hearing Officer Roy L. Weinfeld 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 Roy L. Weinfeld 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 Roy L. Weinfeld, an individual over the age of 21 years ("Hearing Officer"), whose address is 2665 SW 37th Ave., Apt 805, Miami, FL 33133-2753. 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 Page 1 of 23 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. Page 8 of 23 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. Page 10 of 23 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: Roy L. Weinfeld 2665 S. Douglas Road, Suite 805 Miami, FL 33133-2753 TO THE CITY: Arthur Noriega, V City Manager City of Miami 444 SW 2nd Avenue, 10t" Floor Miami, FL 33130-1910 Annie Perez, CPPO Director / Chief Procurement Officer City of Miami 444 SW 2nd Avenue, 6t" Floor Miami, FL 33130-1910 George K. Wysong III City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 Daivd Ruiz Interim Director Risk Management Department 444 SW 2nd Avenue, 9t" Floor Miami, FL 33130 Page 12 of 23 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 Page 13 of 23 on behalf of the City. All changes and/or modifications to this Agreement shall be approved in 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 Page 14 of 23 available to employees of the City are not available to Hearing Officer, its employees, or any 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: Page 15 of 23 Hearing Officer hereby understands and agrees that in no event shall the City be liable 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: Page 16 of 23 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. 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, Page 17 of 23 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. 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 Page 18 of 23 such termination and that CBRE shall be liable for any additional costs incurred by the City because 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. Page 19 of 23 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. "Hearing Officer" Roy L. Weinfeld, an individual over the age of twenty-one (21) years. ATTEST: By: By: / Name: Sofia Bullrich Name: , L, `C Legal Administrative Assistant 4&1T-fli���G�,L/ Title: Title:�// ATTEST: DocuSigned by By: Todd B. Hannon City Clerk Signed by: "City" CITY OF MIAMI, a Florida municipal corporation No iw By: 850CF6C372DD42A_. CDnnuSigned by Q Arthur Noriega V City Manager d APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: DocuSigned by: at,brl. i` OJLjSbin..1 111 -R8776E9FE88248R DS REQUIREMENTS: DocuSigned by: By. 27395C6318214E7 George K. Wysong III 25-1612 David Ruiz, Interim Director City Attorney Risk Management Page 20 of 23 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 Page 21 of 23 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. Page 22 of 23 ATTACHMENT A 9/25/2020 Miami, rLCode ovOrdinances 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. ATTACHMENT A 9/25/2020 Miami, rLCode ovOrdinances 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. ATTACHMENT A 9/25/2020 Miami, rLCode ovOrdinances (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 ATTACHMENT A 9/25/2020 Miami, rLCode ovOrdinances 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. ATTACHMENT A 9/25/2020 Miami, rLCode ovOrdinances (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 pH 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 Hearing Officers 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: <.\ d 4 Name: I.\ (9(? W (/ t Officer Titer Signature of Officer: Office Address: �� �.(� S S , b®CAL ct o JJ '4- 70S fc-(s �L /' 33/3 Email Address: I LIA( 6 okitiL/1w, am Phone Number: 7W, FEIN No. 9/,I/()/j/L/'/1/_ 5 STATE OF FIOrtUG ) COUNTY OF KAI c rv►L — DadC The foregoing instrument was sworn to and subscribed�before me by means of l5;�physical presence or O online notarization, this 19h day of 3 Lt (y 2025 by boy4rt t v( �( , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: 5("1 I2D2-1 INDRA BELTRAN Notary Public • State of Florida P' Commission # NH 387650 •.`oFFl?.., My Comm. Expires May 7, 2027 Bonded through National Notary Assn. Signature of Person Taking Oath Yn ci irCi 'B-e-1'1 f ci -r (Printed, Typed, or Stamped Name of Notary Public) City of Miami Hearing Officers EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) City of Miami Hearing Officers Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or City of Miami Hearing Officers 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. City of Miami Hearing Officers 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. City of Miami Hearing Officers (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: #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 12:22 PM To: Hannon, Todd Cc: Olivera, Rosemary; Ewan, Nicole; Brown, Sadie Subject: Executed Hearing Officer Roy Weinfeld (Matter 25-1612) Attachments: Hearing Officer Roy Weinfeld (Matter 25-1612).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