Loading...
20160413 BMMIAMIBEACH Gity Commission Meeting City Hall, Gommission Ghambers, 3'o Floor,1700 Convention Genter Drive April 13,2016 Mayor Philip Levine Commissioner John Elizabeth Alem5n Commissioner Ricky Arriola Comm issioner Kristen Rosen Gonzalez Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visif us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Ghapter 2, Articte Vlt, Division 3 of the City Gode of Miami Beach, entitled "Lobbyists," requires the iegistration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with tlie City Commission, any Gity Board or Committee, or any personnel as defined in the subject Gode sections. Copies of the City Code sections on lobbyists laws are available in the Offite of the City Clerk. Questions regarding the provisions of the Code should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabitities, and/or any accommodation to review any document or participate in any city-sponsored proceedings, catl 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; ffY users may call via 711 (Florida Relay Service). ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to an alternate meeting date. tn addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Consent Aqenda: C2 - Competitive Bid Reports C4 - Commission Committee Assignments C6 - Commission Committee RePorts C7 - Resolutions AGENDA KEY Reqular Aoenda: R2 - Competitive Bid RePorts R5 - Ordinances R7 - Resolutions R9 - New Business & Commission Requests Rl0 - City Attorney Reports We are committed to providing excellent pubtic service and safety to all who live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, April '13, 2016 AGENDA 1. Call to Order - 8:30 a.m. 2. lnspirational Message and Pledge of Allegiance 3. Requests for Additions, Withdrawals, and Deferrals 4. Recess for lunch at approximately 12:00 p.m. CONSENT AGENDA G2 - Competitive Bid Reports C2A Request Approval To lssue Request For Qualifications (RFO) 2016-107-WG For Hosted Automatic Call Distribution Service. (ProcuremenUFinance) CzB Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational Requirements. (Procurement) C2C Request Approval To lssue Request For Qualifications (RFO) 2016-11s-AK For Noise, Acoustic And Sound Consulting Services. (ProcuremenUPlanning) C2D Request For Approval To lssue Request For Qualifications (RFO) 2016-108-WG For A Surveil lance Security System Consultant. (ProcuremenUEmergency Management) C2E Request For Approval To lssue A Request For Qualifications (RFO) No. 2016-124-KB For Architectural And Engineering Design Criteria Professional Services For Mixed-Use Parking Garages. (ProcuremenUCapital lmprovement Projects) G4 - Commission Committee Assiqnments C4A Referral To The Land Use And Development Committee - Discussion Pertaining To A Paperless Agenda System For All Of The City Land Use Boards. (Planning) 2 Commission Agenda, April 13,2016 C4B Referral To The Land Use And Development Committee To Discuss Future Rooftop And Deck Accessory Bar Uses In The Sunset Harbour Neighborhood. (Sponsored by Commissioner Michael Grieco) C4C Referral To The Land Use And Development Committee To Discuss Operational Regulations For Alcoholic Beverage Establishments South Of Fifth Street. (Sponsored by Commissioner Michael Grieco) C4D Referral To Neighborhood/Community Affairs Committee: Discussion And Action Plan Related To Combatting lllegal Short Term Rentals Citywide. (Sponsored by Commissioner Michael Grieco) C4E ReferralTo The Land Use And Development Committee: Discussion Regarding lncentivizing The Retention, Raising And/Or Relocation Of Historic/Architecturally Significant Single Family Homes (sFH). (Sponsored by Commissioner Michael Grieco) C4F Referral To The Sustainability And Resiliency Committee To Discuss Drafting A Resolution Asking Miami-Dade To Ban Flubendiamide Within lts Agricultural lndustry. (Sponsored by Commissioner Ricky Arriola) C4G Referral To The Land Use And Development Committee And The Planning Board An Amendment To Sec 142-111 1 Of The City Code To Address The Eligibility Requirements For The Short-Term Rental Of Apartment Units Within The Collins Waterfront Local Historic District. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) C4H Referral To The Finance And Citywide Projects Committee To Consider And Explore The lmpact Of A Car Sharing Pilot Program. (Sponsored By Commissioner Kristen Rosen Gonzalez) C4l Referral To The Finance And Citywide Projects Committee - A Review Of The Fine Schedule For Littering On The Beach. (Sponsored by Commissioner Joy Malakoff) C4J Referral To The Planning Board - Proposed Amendment To Chapter 142 Of fhe Land Development Regulations Of The City Code Pertaining To Hall For Hire Establishments ln The Museum Historic District. (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) 3 Commission Agenda, April 13, 2016 C4K Referral To The Planning Board - Proposed Amendment To Chapter 142 Of fhe Land Development Regulations Of The City Code Pertaining To Short Term Rentals On Harding Avenue ln North Beach. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) C4L Referral To The Land Use And Development Committee And The Planning Board - Proposed Comprehensive Plan Amendment Related To Sea Level Rise And Compliance With 2015 Florida Senate Bill 1094, Entitled "Peril Of Flood." (Planning) C4M Referral To The Finance And Citywide Projects Committee And The Cultural Arts Council A Discussion Regarding Miami New Drama Becoming The Resident Theater And Venue Manager For The Colony Theater As A Pilot Program. (Sponsored by Vice-Mayor Micky Steinberg) C4N Referral To The Sustainability And Resiliency Committee A Discussion Regarding How Green lnfrastructure lncluding Living Or Hybrid Shorelines Can Complement Grey lnfrastructure ln Our Climate Adaptation On Going Work. (Sponsored by Vice-Mayor Micky Steinberg) C4O Referral To The Neighborhood/Community Beach Conducting A Design Competition Ocean. (Sponsored by Commissioner Ricky Arriola) C4P Referral To The Finance And Citywide Projects Committee To Discuss The Creation Of The City Of Miami Beach Transportation Fund. (Sponsored by Mayor Philip Levine) Affairs Committee To Discuss The City Of Miami For An lconic Crosswall</lntersection On 12th And 4 Commission Agenda, April 13, 2016 G6 - Gommission Committee Reports C6A C6B Report Of The March 30,2016 Land Use And Development Committee Meeting: l.Discussion Regarding A Proposed Zoning Ordinance Amendment To Allow A'Hall For Hire'As A Conditional Use Within Existing Religious lnstitutions Located Within The Museum Local Historic District And ln The RM-2 Zoning District. 2. Proposed Ordinance Setting Forth Demolition Procedures For All Single Family Homes, Regardless Of The Year Of Construction. 2a. Discussion: Proposed Ordinance Pertaining To Demolition Procedures. 2b. Discussion: Potential Fiscal And Review Process lmpacts Of Having All New Single Family Home Construction Reviewed By The Design Review Board. 3. Discussion Pertaining To A Proposed Ordinance Amendment To Create Operational Regulations For Alcoholic Beverage Establishments Adjacent To The Palm View And West Avenue Residential Areas. 4. Discussion Regarding Short Term Rentals ln North Beach. 5. Discussion Regarding A Complete Review Of Sign Ordinances. 6. Discussion Regarding The Removal Of Carlos Zapata "Wing" Structure On Lincoln Road. 7, Discussion Regarding lncentivizing Workforce Housing ln The Private Sector. 8. Discussion On Air Rights. 9. Discussion Regarding The City Of Miami Beach's Building Permit Application Process. 10. Discussion Regarding The lmpact Of A Partial Modification Of Ordinance 2014-3876 As lt Relates To A FAR lnterpretation. Report Of The March 11,2016 Neighborhood/Community Affairs Committee Meeting: 1. Discussion Regarding Revisions To The Beachfront Concession Rules And Regulations. 2. Discussion Regarding Citywide Street Light And Coverage Audit. 3. Discussion Regarding Proposed Beach Concession East Of South Pointe Park. 4. Discussion Regarding Proposed Site Options For New Fire Station No. 1.5. Discussion Regarding lmplementing A Rainbow Crosswalk At The lntersection Of Ocean Drive And 12th Street On Miami Beach. 6. Discussion Regarding A Commercial Use Permit Fee For City-Owned Property And City Parks Facilities. 7. Discussion On Encroachments ln The Public Right-Of-Way. 8. Monthly Progress Reports For The Following Miami Beach Feeder Pattern Schools: Feinberg Fisher; Biscayne Elementary; Treasure lsland; And Nautilus Middle School. 9. Report From Miami-Dade County Public Schools On The Status Of The Action Plan Related To Nautilus Middle School And Progress To Date. 10. Discussion Regarding Naming The Accessible Beach And Playground At Allison Park, 65th Street And Collins Avenue, "sabrina's Beach And Playground At Allison Park". 11. Wellness Center Update. 12. Monthly Crime Update. 13. Discussion On Public Waterborne Transportation Concession Services. 14. Traffic Management Alternatives Discussed At The February 24, 2016 Commission Workshop On Traffic Management. 15. Discussion On Traffic Calming Efforts On Prairie Avenue And ln Bayshore Neighboihood. 16. Discussion Regarding lmproving 72nd Street, Between Abbott And Dickens (Near The North Shore Youth Center), lncluding Adding Crosswalks, Lighting, Angled Parking And Fixing Sidewalks. 5 Commission Agenda, April 13, 2016 C6C Report Of The March 18,2016 Finance And Citywide Projects Committee Meeting: 1. Discussion Regarding Whether Or Not To Pursue Food And Beverage Concessions For Soundscape Park, Collins Park, And The Miami Beach Botanical Garden. 2. A. Discussion Regarding Parking Demand Analysis/Walker Parking Consultants; B. Discussion Regarding A Public Private Partnership For A Two-Story Parking Structure To Be Erected Over Both City Parking Lot P62 And A Private Parking Lot, On 42nd Street, Between Jefferson Street And Meridian Avenue; C. Discussion Regarding The Construction Of A Parking Garage At The 27th Street And Collins Avenue Parking Lot; D. Discussion Regarding A Potential Public-Private Partnership With 1234 Partners, LTD. ForA Parking Garage On The 1200 Block Of Washington Avenue.3. Discussion Regarding Proposed Site Options For New Fire Station No. 1. 4. Discussion Regarding Nonpayment Of Stormwater Fees By Miami Dade County Public Schools. 5. Discussion Seeking Citywide Wi-Fi Solutions And CMB Becoming lts Own lnternet Service Provider. 6. Discussion Regarding Time Capsule 2066. 7. Discussion Regarding The Creation Of The Ocean Court Green Alley Espafrola Way (East) Green Alley. 8. Discussion Regarding lmplementing An Open Data Policy. 9.Discussion Regarding The Use Of Community Development Block Grant (CDBG) Funds As Rent Subsidy For Tenants Of The Allen Apartments. COD Report Of The March 30,2016 Sustainability And Resiliency Committee Meeting: 1) Mayor's Blue Ribbon Panel On Flooding And Sea Level Rise - Update. 2) Sustainability Committee - Update. 3) Resiliency Strategy - Update. 4) Discussion On lmplementing City Wide Textile And Electronic Recycling. 5) Discussion On Prohibiting Contractors From Using Roundup And Other Chemicals Labeled As Carcinogens ln Public Spaces. 6) Discuss The Elimination And/Or Phasing Out Of Gas-Powered Leaf Blowers. 7) Discussion Regarding Green Corridor Program As Authorized Under Section 163.01, Florida Statutes, NKIA The Green Corridor Property Assessment Clean Energy (PACE) District. 8) Discussion On Miami-Dade County's Grease Discharge Permitting Program Within Miami Beach. 9) Discussion On The Seabin Project As An Option To Reduce Litter ln The City's Waterways. 10) Update On The Woosh Smart Water Stations Pilot Program. 6 Commission Agenda, April 13,2016 C7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager, Or His Designee, To Apply For, Accept, And Appropriate Funding (lncluding Matching Funds And Any Related City Expenses), And Execute Any And All Documents Or Agreements ln Connection With The Following Grants And Funding Requests: 1) US Department Of Transportation, Transportation lncome Generating Economic Recovery Program (TIGER) ln The Approximate Amount Of $10 Million For Miami Beach Recreational Corridor; 2) US Department Of Transportation, Transportation lncome Generating Economic Recovery Program (TIGER) ln The Approximate Amount Of $10 Million For The City's lntelligent Transportation System And Parking Management System; 3) US Department Of Homeland Security Fiscal Year 2016 Port Security Grant Program ln The Approximate Amount Of $120,000; And Renewal Of The Following Two Grants: 4) Children's Trust Youth Enrichment, Employment And Support Grant Program ln The Approximate Amount Of $312,550; And 5) Children's Trust Countywide Community Partnership (Service Partnership) Program ln The Approximate Amount Of $425,000; And Retroactive Approval Of The Following Applications: 6) Florida Department Of Transportation, Transportation Alternatives Program (TAP) ln The Approximate Amount Of $400,000 For Protected Bike Lanes; 7) Florida Department Of Transportation, Transportation Alternatives Program (TAP) ln The Approximate Amount Of $1,000,000 For North Shore Open Space Beachwalk; 8) Florida lnland Navigation District (FIND), Watenruays Assistance Program ln The Approximate Amount Of $1 Million For The lndian Creek Shoreline And Greenway Project; 9) Florida lnland Navigation District (FIND), Watenvays Assistance Program ln The Approximate Amount Of $142,007 For The North Beach Kayak Launch Dock. (Budget & Performance lmprovement) C7B A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute An Underground Easement Agreement For Florida Power & Light Company (FPL), Attached Hereto As Exhibit 1, For The Undergrounding Of Existing Utilities And Utility Lines, And To Grant FPL A Non-Exclusive Underground Utility Easement At The Altos Del Mar Park, Located At 7600 Collins Avenue, For The Operation And Maintenance Of Associated Underground Utility Facilities lncluding, But Not Limited To, Cables, Conduits, Appurtenant Equipment, And Appurtenant Above-Ground Equipment, Along The Proposed 10 Foot Wide Easement, Between 76'n Street And 77th Street Along The Western Portion Of Atlantic (Airoso) Way. (Capital lmprovement Projects) 7 Commission Agenda, April 13,2016 C7C Reappointment Of Chief Special Master 1.A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30-36 Of The Code Of The City Of Miami Beach, Concerning The Reappointment Of Enrique Zamota, Esq., To Serve As Chief Special Master, For A Term Commencing On April 24,2016 And Ending On October 23, 2016; Provided Further That Chief Special Master Zamora Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further lncorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, lncluding, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master. (Office of the City Clerk) A Resolution Approving And Reappointing, Pursuant To Section 102-356 Of The City Code, Enrique Zamota, Esq. (Chief Special Master Reappointed Pursuant To Resolution No.-AsTheCityManager,s..Designee,,UnderSection102-356ofTheCity Code; Said Designation Commencing With Mr. Zamora's Term As Chief Special Master On April 24,2016 And Ending On October 23,2016. (Office of the City Clerk) C7D A Resolution Approving The Affordable Housing Program Operations And Management Manual (Tenancy Manual) Attached To This Resolution To Be Utilized ln The Ongoing Operation Of City- Owned Affordable Rental Apartments. (Housing & Community Services) C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 4 To The Agreement, Dated October 10, 2014, Between The City Of Miami Beach And Tyler Technologies, lnc., For The Replacement Of The City's Enterprise Resource Planning (ERP) System, To Amend (1) The ERP System "Go-Live" Dates, (2) The Provisions Regarding Professional Services, And (3) The Maximum Number Of Hours For Custom Report Development Services, ln An Amount Not To Exceed $206,550. ( lnformation Technology) C7F A Resolution Authorizing The Mayor And City Clerk To Execute A Memorandum Of Understanding (MOU), Substantially ln The Form Attached To This Resolution, Between The City Of Miami Beach, The Miami Beach Chamber Of Commerce, North Bay Village, The Town Of Bay Harbor lslands, The Town Of Surfside, And Bal Harbour Village To Support And Enhance The Nurse lnitiative ForThe 2016-2017 School YearAnd Authorizing The Appropriation Of $15,400 From The Miami Beach Education Compact Fund For The City Of Miami Beach's Proportionate Share Of Funding For The Nurse Enhancement lnitiative Subject To Approval ln The City's FY 2016117 Annual Budget. (Organ ization Development Performance I n itiatives ) 2. 8 Commission Agenda, April 13, 2016 C7G A Resolution Supporting The United States Coast Guard's Proposed Modification Of The Operating Schedule Of The 63'd Street Bascule Bridge Across lndian Creek To Be Set Forth ln 33 CFR Part 1 17, Section 117 .293. (Sponsored by Vice-Mayor Micky Steinberg/Office of the City Manager) (Legislative Tracking: Transportation) C7H A Resolution Adopting The Certificate Of The Results Of The March 15,2016 Special Election For The City Of Miami Beach, And Declaring The Results Thereof. (Office Of The City Clerk) c7t A Resolution Authorizing The City Manager And City Clerk To Execute A Five Year Agreement, And Any Amendments For Adjustments To Scope Of Work, With Big Wireless LLC, For The Maintenance, Monitoring And End Of Life Technology Migration Of The Law Enforcement Wireless lnformation Network, Formally Known As The Citywide Wireless Network, For Use By The Miami Beach Police Department, Following The Recent Completion Of Phase 1, Such Maintenance, Monitoring And End Of Life Technology Migration To Be Known As Phase 2, As Authorized By Resolution 2015-28959 Of The Mayor And City Commission On March 11,2015, ln An Amount Not To Exceed $475,000. (Police) C7J A Resolution Authorizing The City Manager And City Clerk To Execute A Renewed Agreement Between The City Of Miami Beach And The Town Of Medley, For The Purpose Of The Miami Beach Police Department Conducting Firearms Training At The Medley Police Outdoor Firearms Training Center Located At 9700 NW 97 Avenue, Medley, Florida. (Police) C7K A Resolution Authorizing The City Manager And City Clerk To Execute A Renewed Memorandum Of Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And Miami-Dade County, On Behalf Of The Miami-Dade Police Department, To Participate ln Operation Stonegarden, A Waterborne Law Enforcement lnitiative. (Police) C7L A Resolution Authorizing The City Manager And City Clerk To Execute An lnterlocal Cooperation Agreement Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And Miami-Dade County, On Behalf Of The Miami-Dade Police Department, For Shared Use Of The Automated Fingerprint ldentification System Operated By The Miami-Dade Police Department. (Police) 9 Commission Agenda, April 13,2016 C7M A Resolution Authorizing The lssuance Of lnvitation To Negotiate (lTN) 2016-084-WG For The Administration Of The City's Following Ancillary Health Benefits For Employees, Retirees And Their Dependents: Family And Medical Leave Act (FMLA) Administration; Long-Term Disability Coverage For Defined Contribution Retirement Plan (401a) Participants And Voluntary Short- Term And Long-Term Disability; Group Dental Coverage; And Group Term Life And Accidental Death & Dismemberment Coverage; And Further Authorizing The Retroactive Extension Of The Agreement With Unum And The Month-To-Month Extensions Of The Existing Agreements With Unum, Metropolitan Life lnsurance Company And Hartford Life And Accident lnsurance Company, Until Such Time As The ITN Can Be Awarded. (ProcuremenUHuman Resources) C7N A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee And Denying The Request From Boucher Brothers Miami Beach LLC (Concessionaire)To Activate A New Beachfront Concession At South Pointe Park Beach. (Tourism, Culture & Economic Development) C7O A Resolution Requesting That Miami-Dade County Designate, Pursuant To City Of Miami Beach Resolution No. 94-21216,21't Street Between Washington Avenue And Collins Avenue As "Jose Marti Street," ln Addition To The "Collins Park South" Designation, And Requesting That Miami- Dade County lnstall New Street Signs Reflecting Both Co-Designations Of 21't Street. (Transportation) C7P A Resolution Accepting The Recommendation Of The Land Use And Development Committee To Remove The Carlos Zapata "Wing" Structure On Lincoln Road. (Property ManagemenUOffice of the City Manager) C7Q A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Pursue New Garage Development lnitiatives lncluding The lncorporation Of Workforce Housing. (Parking) C7R A Resolution Authorizing The City To Co-Sponsor The American Cancer Society's Relay For Life Event To Be Held At Lummus Park On April 16, 2016 From 4:00 p.m. To 10:00 p.m., And Waiving The City's Facility Usage Fee For The Event. (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Office of the City Attorney) '10 10 Commission Agenda, April 13, 2016 C7S A Resolution Accepting The Written Recommendation Of The City Manager (As Set Forth ln The City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City, And Approving And Authorizing The Mayor And City Clerk To Execute An Agreement, ln An Amount Not To Exceed $86,000, Substantially ln The Form Attached To This Resolution, Between The City And MWW Group, LLC For Federal Government Lobbying And Consulting Services, Commencing On March 1,2016 And Terminating On December 31 ,2016, Or Until Such Time As The City Executes A New Agreement For These Services Through A Competitive Bidding Process, Whichever Occurs First. (Office of the Mayor) C7T A Resolution Approving And Authorizing The Allocation Of State Housing lnitiatives Partnership Program (SHIP) Funds From FY 2014-2015 And FY 2015-2016 ln The Amounts Of $17,138, And $26,371, Respectively, To Miami Beach Community Development Corporation/MBCDC: The Jefferson, lnc. (MBCDC) For The Rehabilitation Of This Affordable Housing Property Located At 542 Jefferson Avenue; To lnclude The Replacement Of The Roof And Upgrades To The Nine Units Located On The Third Floor Of The Property; And Further Authorizing The Mayor And City Clerk To Execute The SHIP Program Agreement Between MBCDC And The City. (Ho-using & Comrunity Services) C7U A Resolution Reaffirming The City's Longstanding Position Regarding Cuba And Therefore Not Welcoming/lnviting A Cuban Consulate. (Sponsored by Commissioner Michael Grieco) C7V A Resolution Establishing A Policy Of The City Commission To Oppose Any Sale, Lease, Transfer, Or Change ln Use Or Zoning Designation Of Rebecca Towers, As Well As Any Current Or Future Elderly Housing Projects Owned By The City Of Miami Beach, For Any Purpose Other Than Affordable Housing For The Elderly. (Sponsored by Mayor Philip Levine) (Legislative Tracking: Office of the City Attorney) (ltem to be Submitted in Supplemental) End of Consent Aqenda 11 11 Commission Agenda, April 13,2016 REGULAR AGENDA R2 - Gompetitive Bid Reports R2A Request For Approval To Authorize The lssuance Of A Request For Qualifications (RFQ) No. 2016-116-KB For Architectural And Engineering Design Services For New Bus Shelters. ( Procu rem e nVTra nspo rtati on ) R5A R5 - Ordinances Vacant Storefront Covers An Ordinance Amending Chapter 138 Of The Miami Beach City Code, Entitled "Signs," Article lV Entitled "Temporary Signs," At Section 138-140 Entitled "Vacant Storefront Covers And Signs" To Mandate That All Vacant Storefront Windows And Doors Be Wrapped ln Non-Commercial Paper Designs; Providing For Enforcement And Penalties; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:00 a.m. Second Readinq Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on March 9,2016 - RsG) Minimum Unit Sizes for Historic Hotels An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article ll, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Section 142-155 To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The RM-1 District; By Amending Section 142- 217 To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The RM-2 District; By Amending Section 142-246 To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The RM-3 District; By Amending Chapter 142, "Zoning Districts And Regulations", Article ll, "District Regulations", Section 142-306, "Development Regulations" To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The CD-2 District; And By Amending Section 142-337, "Development Regulations And Area Requirements" To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The CD-3 District; Providing For Codification; Repealer; Severability; And An Effective Date. 10:05 a.m. Second Readinq Public Hearinq (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on March 9,2016 - RsH) R5B 12 12 Commission Agenda, April 13, 2016 RsC An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article lV, "Uses ln Public Rights-Of-Way," By Amending Division 5, "sidewalk Cafes," By Amending Subdivision ll, "Permit," By Amending Section 82-382, Entitled "Application," And Section 82-383, Entitled "Permit Fee; Penalties For Late Payment; Review Of Fee; Exception," To Abate Sidewalk Cafe Permit Fees, lncluding Annual Permit Application Fees And Squaie Footage Fees, For Businesses On Washington Avenue From 6th Street To Lincoln Road, Until September30, 2019; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:f 0 a.m. Second Reading Public Hearinq (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on March 9,2016 - Rsl) RsD Freeboard And Development Regulations - Grade Elevations And Height 1,An Ordinance Amending Subpart A - General Ordinances, Of The City Code, By Amending Chapter 54 "Floods" At Section 54-35, "Definitions," By Amending The Definitions For Base Flood Elevation, Crown Of Road, And Freeboard, And By Creating Definitions For Centerline Of Roadway, Critical Facility, Future Crown Of Road, Minimum Freeboard, Maximum Freeboard, Green lnfrastructure, Low lmpact Development (LlD), And Surface Stormwater Shallow Conveyance; By Amending Section 54-45, "Permit Procedures," To Require A Stormwater Management Plan; By Amending Section 54-47, "General Standards," To Prohibit Septic Sewage Systems, And lnclude Requirements For Storage Of Hazardous Materials; By Amending Section 54-48, "Specific Standards," To Clarify The Minimum Elevation Of The Lowest Finished Floor For Residential And Non- Residential Construction, And Requiring A Minimum Elevation For Garage Entrances; By Amending Section 54-51, "standards For Coastal High Hazard Areas (V-Zones)," To Clarify The Minimum Elevation Of The Lowest Floor Of All New Construction And Substantial lmprovements; Providing Codification; Repealer; Severability; And An Effective Date. EE!_BgeCjl3 (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking : Planning) An Ordinance Amending The City's Land Development Regulations, By Amending Chapter 114, "General Provisions," At Section 114-1, "Definitions," By Amending The Definitions For Grade, Future Adjusted Grade, And Building Height, And To Establish By Reference To Chapter 54-35 Definitions For Base Flood Elevation, Crown Of Road, Future Crown Of Road, Freeboard, Minimum Freeboard, Maximum Freeboard, Green lnfrastructure, Future Adjusted Grade, And Surface Stormwater Shallow Conveyance; By Amending Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS- 3, RS-4 Single-Family Residential Districts," By Amending And Clarifying The Maximum Elevation Within A Required Yard And Providing A Minimum Elevation Requirement For New Construction, And Amending How Maximum Building Height ls Calculated; Providing Codification; Repealer; Severability; And An Effective Date. First Readinq (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking: Planning) 2. 13 13 Commission Agenda, April 13, 2016 RsE Unified Development Sites And FAR Distribution An Ordinance Amending Chapter 118, Entitled "Administration And Review Procedures," Article I Entitled "ln General" At Section 1 18-5, Entitled "Unity Of Title; Covenant ln Lieu Thereof;" Chapter 114, Entitled "General Provisions," At Section 114-4, Entitled "Compliance With Regulations Required;" And Chapter 142, Entitled "Zoning Districts And Regulations," Article ll Entitled "District Regulations," Division 1, Entitled "Generally," At Section 142-73, Entitled "lnterpretation Of District Boundaries;" ln Order To Clarify Procedures For The Movement Of FAR Within Unified Development Sites With Differing Zoning Districts; Providing For Enforcement And Penalties; And Providing For Repealer, Codification, Severability, And An Effective Date. First Readinq (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Planning) RsF Alton Road West And 17th Street South Alcoholic Beverage Establishment Regulations An Ordinance Amending Chapter 142, "Zoning Districts And Regulations", Article ll, "District Regulations," (1) At Division 4,"CD-1 Commercial Medium lntensity District," Section 142-272, "Main Permitted Uses;" (2) Section 142-273, "Conditional Uses;" (3) Section 142-274, "Accessory Uses;" (4) Section 142-279, "Additional Regulations For Alcoholic Beverage Establishments;" (5) At Division 5, "CD-2 Commercial Medium lntensity District," Section 142-302, "Main Permitted Uses;" (6) Section 142-303, "Conditional Uses;" (7) Section 142-304, "Accessory Uses;" (8) Section 142-310, "Additional Regulations For Alcoholic Beverage Establishments;" And (9) At Division 6, "CD-3 Commercial Medium lntensity District," Section 142-332, "Main Permitted Uses;" (10) Section 142-333, "Conditional Uses;" And (11) Section 142-334, "Accessory Uses;" And (12) Section 142-340, "Additional Regulations For Alcoholic Beverage Establishments;" To Amend The Hours Of Operation, Location And Use Restrictions For (A) Properties On The West Side Of Alton Road And East Of Alton Court, From 6th Street To Collins Canal, (B) Properties On The East Side Of West Avenue From Lincoln Road To 17th Street, And (C) Properties Within 100 Feet To The South Of 17th Street, Between Lenox Avenue And Meridian Avenue; Providing For Codification; Repealer; Severability; And An Effective Date. 10:35 a.m. First Readinq Public Hearinq (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) RsG An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled "Administration," Article Vl, "Procurement," Division 3, "Contract Procedures," By Creating Section 2-376, Entitled "Fair Chance Requirement For City Contractors," And Amending Chapter 62, "Human Relations," By Creating Article V, To Be Entitled The "Fair Chance Ordinance," To Provide Regulations Regarding The Consideration By The City And By City Contractors Of The Criminal History Of Applicants For Employment, And To Provide Limiting Provisions; And Providing For Repealer, Severability, Codification, And An Effective Date.E6!_Beadjlg (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney) R5H Ethics Ordinance. First Readinq (Sponsored by Commissioner Kristen Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (ltem to be Submitted in Supplemental) 14 14 Commission Agenda, April 13, 2016 R7 - Resolutions R7A A Resolution Adopting The Fourth Amendment To The Capital Budget For Fiscal Year 2015116. 10:15 a.m. Public Hearinq (Budget & Performance lmprovement) (ltem to be Submitted in Supplemental) R7B A Resolution Approving, By 5/7th Vote, Following A Duly Noticed Public Hearing, The Naming Of The Stage ln The North Shore Park Bandshell ln Honor Of Mr. Clark Douglas Burris. 10:25 a.m. Public Hearinq (Sponsored by Vice-Mayor Micky Steinberg & Commissioner Joy Malakoff) (Legislative Tracking: Offlce of the City Attorney) R7C A Resolution Authorizing Three (3) Waivers Of Development Regulations, By A 5/7 Vote Of The City Commission, After Public Hearing, Pursuant To Section 142-425(d), Of The City's Code, For The Altos Del Mar Park Project, And Adjacent Parking Lot, Parking Lot No. P-106, Located At 75th Street And Collins Avenue, Within The Harding Townsite/South Altos Del Mar Historic District And Within The Altos Del Mar Neighborhood: (1) A Waiver Of Section 142-802(3), Of The City Code ln Order To Reduce The Required Oceanfront Overlay Side Setback From 15 Feet To 10 feet; (2) A Waiver Of Section 142-802(3). Of The City Code ln Order To Reduce The Required Rear Setback From 10 Feet From The Bulkhead Line To One (1) Foot, Four (4) lnches ln Order To ConstructThe Proposed Bathroom And Storage Building Within Parking Lot No. P-106; And (3) A Waiver Of Section 142-802(7), Of The City Code, As The Existing Parking Lot (P-106) And Proposed Bathroom Exceed The Oceanfront Overlay Minimum Requirement That At Least 50 Percent Of The Required Rear Yard Setback Be Open To The Sky And Landscaped. 10:30 a.m. Public Hearinq (Capital lmprovement Projects/Planning) R7D A Resolution Pursuant To Section 82-37(a), Of The City Code, Setting A Public Hearing To Approve The Vacation Of Atlantic Way (Arioso Way), Between 76th Street And 77th Street, Consisting Of A Thirty (30) Foot Wide RighlOf-Way, Containing Approximately 9,000 Square Feet ln Total Area, Attached Hereto As Exhibit A, As Shown On The Corrected Plat "Altos Del Mar No. 1," Recorded ln Plat Book 3'1 At Page 40, Of The Public Records Of Miami-Dade County, And Lying ln A Portion Of Government Lot 2, Section 2, Township 53 South, Range 42 East, City Of Miami Beach, Said Vacation ln Favor Of The Adjacent Property Owners, The City Of Miami Beach And The Owners Of 7605 Collins Avenue; Further Waiving, By 5l7th Vote, The Competitive Bidding And Appraisal Requirements Pursuant To, Respectively, Sections 82-39(a) And (b) Of The City Code, Finding That The Public lnterest Would Be Served By Waiving Such Conditions; And Conditioning The Vacation On (1) The lssuance Of A Quit Claim Deed To The City Of Miami Beach And To The Owners Of 7605 Collins Avenue; And (2) Requiring The Owners Of 7605 Collins Avenue's To Execute A Covenant Running With The Land That The Vacated Property ldentified ln Exhibit B, Not Be Constructed With Habitable Space Due To The Existing Non-Exclusive Perpetual Easement Along The Length Of The Vacated Area; And Referring This ltem To The Finance And Citywide Projects Committee, As Required By Section 82-37(a)(1), Of The City Code. (Office of the City Attorney/Capital lmprovement Projects) 15 15 Commission Agenda, April 13, 2016 R7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals With Respect To Phase ll Of The RFP Selection Process, Pursuant To Request For Proposals (RFP) No.2015-133-YG, For Design Build Services For Neighborhood No.8: Central Bayshore South Right-Of-Way lnfrastructure lmprovements; Authorizing The Administration To Enter lnto Negotiations With Ric-Man lnternational, lnc.; And Should The Administration Not Be Successful ln Negotiating An Agreement Within The Available Budget With Ric-Man lnternational, Inc., Authorizing The Administration To Terminate Negotiations And Enter lnto Negotiations With Lanzo Construction Co.; And Should The Administration Not Be Successful ln Negotiating An Agreement With Lanzo Construction Co., Authorizing The Administration To Terminate Negotiations, And That The City Manager Provide A Recommendation For Further Review By The City Commission; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. ( Procu rement/Capital I m provements Projects) R7F A Resolution Approving And Adopting The City Of Miami Beach Local Housing Assistance Plan (LHAP), Attached To This Resolution, For The State Housing lnitiatives Partnership (SHIP) Program For Fiscal Years 201612017,201712018, And 201812019, As Required By The State Housing lnitiatives Partnership Program Act, Subsections 420.907 - 420.9079, Florida Statutes; Authorizing The Mayor And City Clerk To Execute The Necessary Certifications; Authorizing The Administration To Submit The LHAP To The Florida Housing Finance Corporation (FHFC) For lts Review And Approval; Authorizing The Appropriation Of SHIP Program Funds For Fiscal Years 201612017,201712018 And 201812019,|n Amounts To Be Determined By The State Of Florida Or Such Final Allocation Amounts As Adjusted By The FHFC; And Further Authorizing The Appropriation Of Any lnterest Accrued Thereon For Eligible Activities Under The SHIP Program Rules. (Housing & Community Services) R7G A Resolution Authorizing The City Manager And City Clerk To Execute Short Form Lease With The Florida Department Of Transportation ("FDOT") For The Continued Use Of Land Within FDOT Right-Of-Way Along The Julia Tuttle Causeway, Which Lease ls Attached Hereto As Exhibit 1. (Public Works) R7H A Resolution Accepting Recommendation Of The City Manager Regarding The Existence Of A Public Emergency And, Accordingly, Waive, By 5l7th Vote, The Competitive Bidding Requirement, Finding Further That The Best lnterest Of The City Would Be Served By Such Waiver; Authorizing The City Manager Or His Designee To Negotiate Amendment No. 5 To The Design-Build Agreement Between The City And Lanzo Construction Co. ("Lanzo"), Which Original Agreement Was Approved Pursuant To Resolution No. 2014-28765, For The Sunset Harbour Pump Station Retrofit And Drainage lmprovements Project; Said 5th Amendment, ln The Not To Exceed Amount Of $3,875,322, ls Needed ln Order To (1) Bring Parking Lot No. 46, The Purdy Boat Ramp, And The Purdy Marina Parking Lot, Located AtWestAvenue From 18th StreetTo Dade Boulevard, To 3.7 Feet NAVD Elevation; (2) Expand Pump Station No. 2; And (3) Construct Of A Discharge Outfall Pipe, lncluding Associated Water, Sewer, Landscaping, Lighting And lrrigation For Parking Lot 46, Purdy Parking Lot, And West Avenue; Further Authorizing The Mayor And City Clerk To Execute The Sth Amendment, Upon Completion Of Successful Negotiations. (Public Works) (ltem to be Submitted in the Supplemental) 16 16 R7t Commission Agenda, April 13,2016 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Second Amendment To The Residential Solid Waste Agreement ("Second Amendment") With Progressive Waste Solutions Of FL, lnc.; Which Second Amendment Agreement ls Attached Hereto As Exhibit 1, And ls Scheduled To Commence On September 1 , 2016; And Further Terminating The Pending Solicitation Under RFP No.: 2015-258-WG. (Public Works) R7J A Resolution Approving Amendment No. 3 To The Management Agreement Between The City And Live Nation Worldwide, lnc. (Live Nation) For The Management And Operation Of The Jackie Gleason Theater Of The Performing Arts, Now Named And Known As The Fillmore Miami Beach At The Jackie Gleason Theater. (Tourism, Culture & Economic Development) R7K A Resolution Authorizing The City Manager To Exercise Two (2) One (1) Year Renewal Terms Of The Agreement Between The City Of Miami Beach And Service America Corporation DIBIA Centerplate ("Centerplate") For Catering Concessions At The City Of Miami Beach Convention Center; Further Accepting The City Maniger's Recommendation And Waiving, By 5/7th Vote, The Competitive Bidding Requirement Pursuant To Section 2-367 Of The City Code, For The Limited Purpose Of Approving An Additional Two (2) Year And Three (3) Month Renewal Term, And Finding Such Waiver To Be ln The Best lnterest Of The City; And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 Of Said Agreement, With Said Agreement Having A Term Commencing On July 1,2016, And Ending On September 30, 2020. (Tourism, Culture & Economic Development) R7L A Resolution Accepting The Recommendation Of The Neighborhood And Community Affairs Committee (NCAC) And Approving, ln Concept, A Pilot Program For Water Taxi Services At The Purdy Avenue Dock; Authorizing The Administration To Negotiate An Agreement With Water Taxi Miami, lnc. For The Pilot Program, Pursuant To lnvitation To Negotiate (lTN) 2014-326-JR For A Public Waterborne Transportation Concession; Said Agreement Having A Term Of One Year, Based Upon The Essential Terms Set Forth ln This Resolution; And Further Authorizing The City Manager To Execute The Final Negotiated Agreement. (Transportation) R7M Resolutions Adopting The Transportation Master Plan, Bicycle-Pedestrian Master Plan And Street Design Guidelines.1. A Resolution Adopting The City Of Miami Beach Transportation Master Plan Final Report Attached Hereto As Exhibit A. (Transportation) 2. A Resolution Adopting The City Of Miami Beach Street Design Guidelines Attached Hereto As Exhibit A. (Transportation) 3. A Resolution Adopting The City Of Miami Beach Bicycle Pedestrian Master Plan Attached Hereto As Exhibit A. (Transportation) 17 17 Commission Agenda, April 13, 2016 R7N A Resolution Accepting The Recommendation Of The City Manager And Authorizing The City Manager To Execute A Work Order With Metro Express lnc., For The Renovation Of Two (2) Surface Lots P59 And P91 Utilizing The Competitively Bid National Joint Powers Alliance (NJPA) Cooperative Contract, ln The Not To Exceed Amount Of $1,515,960, Plus Ten Percent Owner's Contingency ln The Amount Of $151,596, ForA Total Amount Of $1,667,556; A Copy Of The NJPA Contract ls Attached Hereto As Exhibit 1; Which NJPA Contract Shall Partially Utilize Previously Appropriated Funds And Funding From The Proposed 4th Amendment To The FY 15116 Capital Budget Scheduled For The April 1 3,2016 City Commission Meeting. (Capital lmprovement Projects) R9 - New Business and Gommission Requests RgA Board And Committee Appointments. (Office of the City Clerk) RgAl Board And Committee Appointments - City Commission Appointments. (Office of the City Clerk) RgA2 Three (3) Available City Appointments To The Miami Design Preservation League, lnc. (MDPL) Executive Committee. (Office of the City Manager) RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.) RgC Convention Center Headquarter Hotel Options. (Office of the City Manager) RgD Presentation By Fire Chief Virgil Fernandez Regarding A Smart Phone Pre-Arrival CPR/AED App (Pulsepoint). (Fire) RgE Presentation Of A $10,000 Contribution From The Miami Beach Chamber Of Commerce To The City For lB Teacher Training. (Sponsored by Vice-Mayor Micky Steinberg) RgF Discussion Regarding The Waiver Of Water And Sewer Fees For The Miami Beach Development Corporation (MBCDC) For One Year. (Sponsored by Commissioner Kristen Rosen Gonzalez) 18 18 Commission Agenda, April 13, 2016 RgG Discuss Having ADA Accessible Playground Components ln All City Parks. (Sponsored by Vice-Mayor Micky Steinberg) (Legislative Tracking: Parks & Recreation) RgH Middle Beach lntermodal Facility (lntercept Garage) Feasibility Study And Alternate Sites For Debris Storage Update. (Transportation) Rgl Discussion Regarding Adding Questions To The Community Survey Addressing Resident Satisfaction With The Police Department And The City Commission. (Sponsored by Commissioner Ricky Arriola) RgJ Discuss Moving Fonruard With The Placement Of Storm Water Drainage And Pump Stations ln A Critical Area Near Mount Sinai Medical Center As Expeditiously As Possible To Protect The Safety, Health And Welfare Of Our Residents And Visitors. (Sponsored by Commissioner Joy Malakoff) RgK Discussion Regarding Mitch Novick's "Minority" Report, And Recommendation Concerning The Deterioration Of The Quality Of Life ln The MXE District, Ocean Drive, Collins Avenue And The Surrounding Neighborhood. (Sponsored by Commissioner Kristen Rosen Gonzalez) RgL Discussion On Status And Direction Regarding Resolution 2016-29277 On Strategic Actions To Address Homelessness ln Our Community. (Sponsored by Commissioner John Elizabeth Alemdn) RgM Discussion To Consider The Closed Captioning For The Hearing lmpaired Of The City's Video- Recorded Meetings And Events. (Sponsored by Commissioner John Elizabeth Alem6n) RgN Discussion Regarding The March 22, 2016 New York Times Article Entitled "Nuclear Plant Leak Threatens Drinking Water Wells ln Florida," Which Reported That Turkey Point's Cooling Canal System Was Leaking Polluted Water lnto Biscayne Bay. (Sponsored by Commissioner Kristen Rosen Gonzalez) RgO Discuss Waiver Of Outstanding Parking Lieu Fees For Red Steakhouse, 119 Washington Avenue. (Sponsored by Commissioner Michael Grieco) RgP Discussion Regarding l-95 Express Lane Access To The Julia Tuttle Causeway. (Sponsored by Commissioner Michael Grieco) 19 19 Commission Agenda, April 13, 2016 RgQ Discussion Regarding Active Enforcement Of Bicycle Lane Obstruction. (Sponsored by Commissioner Michael Grieco) RgR Discussion Regarding lnterior Flooding At The Byron Carlyle Theater. (Tourism, Culture & Economic Development) RgS Discussion To Consider Adopting The Disability Access Committee's Request For The City To Support Power Access lnc. For Disability Awareness Events. (Sponsored by Commissioner Ricky Arriola) RgT Discussion Regarding The Collins Park Parking Garage Project. (Capital lmprovement Projects) RgU Discussion Regarding The Convention Center Hotel. (Sponsored By Commissioner Kristen Rosen Gonzalez) RgV Discussion And Update On The North Beach Pilot Program For Designated Residential Zones Limiting On-Street Parking To Cars And Trucks. (Sponsored by Commissioner John Elizabeth Alem5n) RgW Discussion On lnitiating A North Beach Site Comparison For A Family-Friendly Skate Park ln Advance Of Completing The North Beach Master Plan. (Sponsored by Commissioner John Elizabeth Alem6n) RgX Discussion To Consider The Adoption Of The Miami Beach United Resolution Calling For The City Of Miami Beach To Engage With Residents And Neighborhood Associations When Considering Alternatives For The Convention Center Hotel. (Sponsored by Commissioner Ricky Arriola) RgY Discussion And Referral To Sustainability And Resiliency Committee Regarding The Creation Of Voluntary Smoke Free Zones/Block On The Beach Sand. (Sponsored by Commissioner Michael Grieco) RgZ Discussion Regarding Regulating AirBnB. (Sponsored by Commissioner John Elizabeth AIem5n) R9AA Discussion Regarding Expansion Of The City's Nurse Enhancement lnitiative To Provide Enhanced Behavioral Health Services To Public Schools ln Miami Beach With Limited Behavioral Health Services (Miami Beach Senior High School, Nautilus Middle School, South Pointe Elementary, Fienberg Fisher K-8 Center, And Biscayne Elementary). (Sponsored by Vice-Mayor Micky Steinberg) 20 Commission Agenda, April 13, 20'16 R9BB Discussion Regarding A Waiver Of Fees For The South Beach Jazz Festival, December 9 And 11,2016, At The Colony Theater ln The Amount Of $3,430.00. (Sponsored by Commissioner Joy Malakoff) R9CC Discussion Regarding Traffic Calming Efforts On Prairie Avenue And ln Bayshore Neighborhood. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking : Transportation) R10 - Gitv Attornev Reports R10A City Attorney's Status Report. (Office of the City Attorney) R10B Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, April 13,2016, ln The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. R10C Notice Of Closed City Commission Executive Session Pursuant To 768.28, Florida Statutes, A Closed Executive Session Will Be Held Pursuant To City's Risk Management Program Relating Solely To An Offer Of Compromise Of A Claim. Reports and lnformational ltems 1. Reports and lnformational ltems (see LTC 147-2016) 2. List of Projects Covered by the Cone of Silence Ordinance - LTC No. 139-2016. (Procurement) 3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months From Their Referral Date. (Office of the City Clerk) End of Reqular Agenda 21 21 22 2016 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA) MEETING DATES Commission/RDA Meetings Presentation & Awards/Commission Meetings (Start at 8:30 a.m.) (Start at 5:00 p.m.) January 13 (Wednesday) January 27 (Wednesday) February 10 (Wednesday) February 24 (Wednesday) March 9 (Wednesday) March 16 (Wednesday) April 13 (Wednesday) April 27 (Wednesday) May 11 (Wednesday) May 18 (Wednesday) June 8 (Wednesday) No Meeting July 13 (Wednesday) July 20 (Wednesday) August - City Commission in recess September 14 (Wednesday) September 27 (Tuesday) 2nd Rdg Budget October 19 (Wednesday) October 26 (Wednesday) November 9 (Wednesday) No Meeting December 7 (Wednesday) December 14 (Wednesday) Unless noticed otherwise, meetings are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month. The Forum will be split into two (2) sessions, 8:30 a.m. and 1:00 p.m. Approximately thirty (30) minutes will be allocated per session for each of the subjects to be considered, with individuals being limited to no more than three (3) minutes. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 23 c2 COMPETITIVE BID REPORTS 24 COMMISSION ITEM SUMMARY lntended Outcome Su Streamline The Deliverv Of Services Throuoh All rtments Data Environmental Scan. etc: N/A Condensed Title: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUAL|FICAT|ONS (RFO) 2016-107-WG FOR HOSTED AUTOMATIG CALL DISTRIBUTION SERVICES. T:IAGENDA\2016\April\Procurement\RFQ 2016-107-WG Hosted Automatic Call Distribution Services-lssuance\RFQ 2016-107-WG Hosted ACD Service - ISSUANCE SUMMARY.doc AGE',TBA ITEM DATE Item Summary/Recommendation: The current agreement with lnktel Contract Solutions, LLC (lnktel), for call center services, pursuant to RFP 022-2013-ME, expires on April 25,2016. A monthto-month extension has been authorized until such time as the Finance and Emergency Management Departments are prepared to bring the contracted services in-house. ln order to provide call center services in-house, the acquisition of a hosted automatic call distribution (ACD) service is required. The City of Miami Beach seeks statements of qualifications from experienced firms to provide a hosted automatic call distribution (ACD) service, where the Agents will be provided by the City. The ACD service shall ensure our callers are connected to the right agent or method of service, quickly and effectively. An automated call distribution system is a device or system that distributes incoming calls to a specific aroup of terminals or agents based on the customer's selection, customer's telephone number, selected incoming line to the system, or time of day the call was processed. The system will be used to provide optimum levels of customer service, 24 hours a day, 7 days a week, including holidays, in the handling of phone calls and will be earmarked for processing the following types of inquiries/transactions:o Finance Department Utility Billing, Resort Tax, Business Tax, etc.;. Parking Department;o Building Department;r Transportation Department; and. Department of Emergency Management-City Warning Point. ADMINISTRATION RECOMMEN DATION Authorize the issuance. Board Recommendation: Financial lnformation: The annual cost associated with the hosted automatic call distribution service N/A is subiect to the funds availa throuoh the Citv's bud Source of Funds: Amount Account 1 uA.2 Total Financial lmpact Summarv: Alex Denis, Extension 6641 # rt*IAltAIBilACH 25 MIAMIBEACH City of Miomi Beoch,1700 Convention Center Drive, Miomi Beoch, Florido 33.1 39, www.miomibeochfl.gov TO: FROM: DATE: SUBJECT:REQUEST FOR APPROVAL TO I REQUEST FOR QUALTFTCATTONS (RFa) 2016-1O7.WG FOR HOSTED rIG CALL DISTRIBUTION SERVICES. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BAGKGROUND The current agreement with Inktel Contract Solutions, LLC (lnktel), for call center services, pursuant to RFP 022-2013-ME, expires on April 25,2016. A month-to-month extension has been authorized until such time as the Finance and Emergency Management Departments are prepared to bring the contracted services in-house. ln order to provide call center services in-house, the acquisition of a hosted automatic call distribution (ACD) service is required. The ACD service shall ensure our callers are connected to the right agent or method of service, quickly and effectively. An automated call distribution system is a device or system that distributes incoming calls to a specific group of terminals or agents based on the customer's selection, customer's telephone number, selected incoming line to the system, or time of day the call was processed. The system consists of hardware for the terminals and switches, phone lines, and software for the routing strategy. The routing strategy is a rule-based set of instructions that tells the ACD how calls are handled inside the system. SCOPE OF SERVICES The City of Miami Beach seeks statements of qualifications from experienced firms to provide a hosted automatic call distribution (ACD) service, where the Agents will be provided by the City. The system used to provide the service should be highly configurable, flexible and scalable for single location, multi-site and home agent users, and should have reporting capabilities. The system will be used to provide optimum levels of customer service in the handling of phone calls and will be earmarked for processing the following types of inquiries/transactions: o Finance Department: Utility Billing, Resort Tax, Business Tax, etc.;. Parking Department;o Building Department;o Transportation Department; and. Department of Emergency Management-City Warning Point. The successful firm's software will be required to have the following capabilities in order to facilitate City provided services: ISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager April 13,2016 the City 26 City Commissioner Memorandum -Hosted Automatic Call Distribution Services. April 13,2016 Page 2 ot 2 . Hosted Environment o Skill-based routing. Predictive routingo Multi-location and at-home agent capabilities/remote logino lnbound/Outbound call blendingo Automatic call back. Supervisor Monitor/Coach/Barge. Call Recording. Email, Chat and Voice interaction capabilities. Audio redaction of credit card information for PCI compliance The hosted ACD service will provide comprehensive customer service, 24 hours a day, 7 days a week, including holidays, while also making the most effective use of employee productivity. The hosted ACD service should afford the City Administration with the solution which best allocates our resources to process customers, answer phone calls, respond to emails, and perform daily working functions, and most importantly, provide excellent customer service to the residents and businesses of Miami Beach. o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFQ 2016-107-WG for hosted automatic call distribution services. o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFQ 2016-107-WG for hosted automatic call distribution services. . CRITERIA FOR EVALUATION. Please Reference Section 0400, RFQ 2016-107-WG for hosted automatic call distribution services. GONGLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2016- 107-WG for hosted automatic call distribution services. ATTACHMENTS Attachment A: RFQ 2016-107-WG Hosted Automatic Call Distribution Services. JLM/MT/AW/AD/WG T:\AGENDA\2016\April\Procurement\RFQ 2016-107-WG Hosted Automatic Call Distributlon Services-lssuance\RFQ 2016-107-WG Hosted Automatic Call Distribution Services - ISSUANCE MEMO- 3.18.16.doc 27 REQUEST FOR eUALtF|CATIONS (RFe) HOSTED AUTOMATIC CALL DISTRIBUTOR (ACD) SERVICE 2016-107-WG RFQ ISSUANCE DATE: APRIL 13,2016 STATEMENTS OF QUALIFICATIONS DUE: MAY 31,2016 @ 3:00 PM ISSUED BY: g MIAMIBEACH Williom Gqrviso, Procurement Conlrocting Officer ll PROCU REMENT DEPARTMENT 1755 Meridion Avenue,3'd Floor, Miomi Beoch, FL 33.l39 305.673.7000 x665O I www.miomibeochfl.gov 28 g rvlrAMlBEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NoT uTtLtzED ......... .......... N/A O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ..........3 O3OO SUBMITTAL INSTRUCTIONS & FORMAT ,....,.,,..,,12 0400 EVALUATTON PROCESS ......... ............14 APPENDICES:PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ,.......16 APPENDIX B "NO BID" FORM .....23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ,,,.,....,,,.......25 APPENDIX D SPECIAL CONDITIONS ........... ......,,,,,,..,32 APPENDIX E INSURANCE REQUIREMENTS ..............34 RFQ 20 I 6-I OZ.WG 29 g /'/tAMtBEACH INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach seeks statements of qualifications from experienced firms to provide a hosted automatic call distribution service, where the Agents will be provided by the City. The system should be highly configurable, flexible and scalable for single location, multi-site and home agent users, and should have reporting capabilities. 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: sEcTtoN 0200 Procurement Contact: William Garviso, CPPB Telephone: 305 673-7000 # 6650 Email: williamqarviso@miamibeachfl .qov The tentative schedule for this solicitation is as follows: Solicitation lssued April 13,2016 Pre-Submittal Meeting April 29, 2016 Deadline for Receipt of Questions I'llay 21,2016 @ 3:00PM Responses Due May 31 ,2016 @ 3:00PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. RFQ 20 I 6.1 OZ WG 30 g MIAMIBEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department - 3ro FIoor Conference Room 1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions, Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code, Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelqranado@miamibeachfl.qov Rt-Q 20 t6- t0,/WG 31 h l,AlAMlBEACH 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http ://web. miami beachfl .qovlorocu remenUscroll. aspx?id=235 1 0 . CONE 0F S|LENCE.... CITY CODE SECTION 2486 o PROTEST PROCEDURES CITY CODE SECTION 2-371 . DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2485.3. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES... CITY CODE SECTIONS 2481 THROUGH 2406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487 . CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT ISSUES..... ..... CITY CODE SECTION 2488 o REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2-37 o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE. DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374r FALSE CLAIMS 0RD|NANCE.... CITY CODE SECTION 70-300. ACCEPTANCE OF GIFTS, FAVORS & SERVICES. .. CITY CODE SECTION 2449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287 .017 , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution N0,2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities, For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. RFa 201 6-t Oz-wc 32 b i\^IAA iBEACH 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase, 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. tz, Mt*t,ltcEAeH B^s 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section2-374, the City shallgive a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount), Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and othenruise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s) s/he deems to be in the best interest of the City or may recommend relection of all proposals. The City Manage/s recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 6RFA 20I6IOZWG 33 b ,\,"iArViiBEACH 21. PostponemenUCancellation/Acceptance/Reiection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or re1ect all proposals within one-hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. ln compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet (MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a propose/s responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26. TMES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be consistent with Purchase Order format, RIO 2U IO IU,/ WG 34 b MIA/'ilIBEACH 29. COPYRIGHT. PATENTS & ROYALTIEI Proposer shatl indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties, Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof. 34. DEMONSTRATION 0F COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. Rt-ci 2u t6- tu,/-wG 35 b AAIAMIBEACH D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City, 36. LAWS. PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, Iosses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors, The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or othenrrrise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided, The above indemnification provisions shall survive the expiration or termination of this Agreement. 9RTQ 2U IO- IU,/-WG 36 g MIAMIBEACH 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Arl.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS T0 RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal, The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFO). RFQ 20 I 6.I OZ.WG t0 37 b MIAMIBEACH 48. ACCEPTANCE OF GIFTS, FAVORS, aERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendo(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. lf these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendo(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). ln some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Pase lfientionallv Left Blank RIQ 2U IO IU,/ WG 'IItt 38 g MiAlvriBEACH SECTION ()3()() SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be relected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references, Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered, Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum ualifications requirements established in Appendix C, Minimum Requirements and Specifications. nce & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. 2.2 References. Submit at least three (3) references as evidence of similar experience. For each reference, the following is required: projecUscope of work description, agency name, agency contact, contact telephone & email, and yea(s) and term of engagement. 2.3 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' q ualifi cations, A resume of each key individual, including licensure, education, experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract, Financial Capacity. Upon request of the City, each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: RFA 20I6IOZWG 12 39 b MIAAAIBTACH https:/lsupplierportal.dnb.com/webapp/wcslstores/servleUSupplierPortal?storeld=1 1696 Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at800-424-2495. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFA 2OI6IOZWG t3 40 b t'AlAl'IIBEACH SECT]ON O4()() STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be fonruarded to the City Manager who will utilize the results to make a recommendation to the City Commission. ln the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Proposals shall be evaluated in accordance with the following evaluation criteria (in no particular order or weight):o Similar project experience. References. Team member qualifications o or Other Factors or lnformation under this RFQ 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Veterans Preference RFA 20 I 6-1 0Z WG 14 41 &AAIAMIBEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Committee Member'l Step 1 Points 82 76 80 Step 2 Points 22 15 12 Total 104 91 92 Rank 3 2 Committee Member 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Total '10'1 100 84 Rank 1 2 3 Commiftee Member 2 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Total 102 89 78 Rank 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Rto 2u l6-tO,/-wG t(IJ 42 APPENDIX A b :MIAMIBEACH Response Certificotion, auestionnoire & Req uire me nts Affi,C ovit RFQ 201 6-1OZ-WG HOSTED AUTOMATIC CALL DISTR!BUTOR SERVICES PROCU REMENT DEPARTMENT,l755 Meridion Avenue Miomi Beoch, Florido 33139 Rt-Q 2U tO- t0,/ WG t6 43 Solicitation No: RFQ 2016-107-WG Solicitation Title: Hosted Automatic Call Distributor (ACD) Services Procurement Contact: William Garviso. CPPB Tel: 305 673-7000 # 6650 Email: williamoarvisotOmiamibeachfl .oov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proooser lnformation.General Proposer lnformation. FIRM NAME: No of Years in Business:No of Years in Business Locally: I No of Employees OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST ,IO YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE:ZIP CODE: TELEPHONE NO.: TOLL FREE NO,: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE:ZIP (.;UUE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 20 I 6.I OZ.WG t7 44 3. Veteran Owned Business. ls Proposer claiming a veteran owned business status?f--l vrs f--l ruo SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,andchild)whoisalsoanemployeeoftheCityofMiamiBeach. Proposersmustalsodisclosethenameof any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services Provided. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency?f--l ves [-ll ruo SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a conkolling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl .gov/procuremenU. Rt-Q 20 t6- 1O,/-wG t8 45 8. The City Cemmissien appreved Ordinanee 2014 3897 en September 30, 2014 inereasing the living wage rate te The living wage rate and health eare benefits rate may, by Reselutien ef the City eemmissien be indexed annually fer inflatien @ Prepesers' failure te eemply with this previsien shall be deemed a material breaeh under thrsprepesal' under whieh the Ctty may; ies is SUBMITTAt REQUIREMENT; Ne additienal submittal is required, By virtue ef exeeuting this affidavit deeument' Prepeser agrees @ Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a conkact pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. 'Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? l.__l vrs [-_-l r,ro B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? f--_-] vrs [---] trto C. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal Benefi ts requirement is available at www.miamibeachfl .gov/procuremenU. RI-Q 20 I6.IO,/.WG t9 46 q Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the conskuction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. lnitial to Confirm Rccnint lnitial to Confirm Recnint lnitial to Confirm Remint Addendum 1 Addendum 6 Addendum 1 1 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover. 10. RFA 20 I 6.] OZ-WG 20 47 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. lt is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable deflnitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Governmenfin-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFG 20 I 6-I OZ-WG 21 48 I hereby certify that. l, as an authorized agent of the Proposer , am submltting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is paft of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative:Title of Proposer's Authorized Represenhtive: Signature of Proposer's Authorized Representative:Date: State of _)On this -day of -, 20-, personally appeared before me County of _) stated that (s)he is the of-,acorporation,andthattheinstrumentWaSSignedinbehalfof the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: RFa 201 6 r o/ wG aaLL 49 APPENDIX B g MIAMIBEACH "No Bid" Form RFQ 201 6-107-WG HOSTED AUTOMATIC CALL DISTRIBUTOR SERVICES PROCU REMENT DEPARTMENT,l755 Meridion Avenue Miomi Beoch, Florido 33139 RFQ 2U I6- IO,/-WG IJ 50 WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THrS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive - Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements -Do not offer this producUservice -OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCU REMENT DEPARTMENT ATTN: WILLIAM GARVISO, CPPB STATEMENTS OF QUALI FICATIONS #201 6.1 O7.WG 1755 MERIDIAN AVENUE MIAMI BEACH, FL 33139 RFA 20]6IOZWG 24 51 APPENDIX C g MIAMIBEACH Minimum Requirements & Specificotions RFQ 201 6-1OZ-WG HOSTED AUTOMATIC CALL DISTRIBUTOR SERVICES PROCU REMENT DEPARTMENT 1755 Meridion Avenue Miomi Beoch, Florido 33.l39 RIQ 2U IO.IO,/-WG 25 52