20170111 SM2MIAMIBEACH
Gommission Meeting
su PPLEMENTAL MATERTAL 2 (1 t9t2017l
City Hall, Gommission Chambers,3'd Floor, 1700 Convention Center Drive
January 11,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Gommission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G2 - Competitive Bid Reports
c2c REQUEST FORAPPROVAL TO |SSUE REQUEST FOR PROPOSALS (RFp) NO.2017-074-WG,
FOR INTERACTIVE DIGITAL MEDIA KIOSKS.
Public Works / Procurement
Supplemental updated on 11912017
(Memorandum)
G7 - Resolutions
C7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH,
FLORIDA, OPPOSING ANY RELIGIOUS-BASED OR NATIONALITY-BASED REGISTRATION OF
PERSONS ENTERING THE UNITED STATES OF AMERICA.
Office of the City Attorney
Commissioner Michael Grieco
Supplemental updated on 11912017
(Revised Resolution)
1
Supplemental 2, January I 1, 2017
R9 - New Business and Commission Requests
R9 L REPORT REGARDING THE RECENT BANKACCOUNT FRAUD.
Office of the City Manager
Supplemental updated on 11912017
(LTG No.009-2017)
Rg V DISCUSS URGING THE FLORIDA LEGISLATURE TO COLLECT A 1o/o TAX ON FOOD AND
BEVERAGE CONSUMPTION TO FUND EFFORTS TO END HOMELESSNESS.
Commissioner Ricky Arriola
Supplemental updated on 11912017
(Draft Resolution)
2
Competitive Bid Reports - C2 C
COMMISS ION ME TIIIORAN D U M
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
January 11,2017
AAIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: REQUEST FORAPPROVALTO ISSUE REQUEST FOR PROPOSALS (RFP) NO.
2017-074-WG, FOR INTERACTIVE DIGITAL MEDIA KIOSKS.
RECOMMENDATION
Ar.rthorize the issuance of the RFP.
ANALYSIS
The City cunently has ten static informational directories on Lincoln Road through an agreement
with a contractor from April 18, 2001. This agreement expired in 2A13 and is operating on a
month to month basis terminable by the city, for convenience and without cause, upon thirty days
prior written notice to the contractor.
The City Commission has directed staff to develop a project to modemize, enhance and
improve these informational directories with digital media interactive kiosks on Lincoln Road, as
well as other areas throughout the City as may be deemed appropriate. The most effective way
procure these kiosks is through the request for proposals method of solicitation.
SCOPE OF SERVICES
The successful proposer shall be responsible for the design, fabrication, installation and
operation of interactive digital media kiosks at the public right-of-way, principally located on
sidewalks and other public areas, which will serve to improve the experience of pedestrians and
visitors within Miami Beach. The interactive kiosks will proMde wayfinding and routing
information to civic and cultural institutions throughout the City; businesses, including restaurants
and retail shops; and comprehensive event listings; with an emphasis on localized content.
Additionally, the kiosks will serve as a critical dissemination point of city messages during
emergencies, communicate the Miami Beach brand as leader in technology and urbanism, and
provide a surveying tool to solicit feedback from residents and visitors.
o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 25, RFP
2017-074-WG for lnteractive Digital Media Kiosks (attached).
. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFP
2U7-474-WG for lnteractive Digital Media Kiosks (attached).
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o CRITERIA FOR EVALUATION. Please Reference Section 0400, Paqe 14, RFP
2U7-A74-WG for lnteractive Digital Media Kiosks (attached).
CONCLUSION
The City Manager recommends that the Mayor and Commission authorize the issuance of the
RFP 2017-074-WG for lnteractive Digital Media Kiosks, which is subject to funds availability
approved through the City's budgeting process.
KEY INTENDED OUTCOMES SUPPORTED
Enhance ExternalAnd lnternal Communication FromAnd Within The City
FINANCIAL INFORMATION
Grant funding will not be used for this project. This contract is intended to create revenue for
the City.
Legislative Tracking
Public Works / Procurement
ATTAGHMENTS:
Description
n Draft Solicitation
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REQUEST FOR PROPOSALS (RrP)
INTERACTIVE DIGITAL MEDIA KIOSKS
2017-074-WG
RFP ISSUANCE DATE:=JANUARY.,,,,., 2017.=.::, .: .:..:..:::.T_
PROPOSALS DUE: FEBRUARY 1NOT7 @ 3:OO PM
:
ISSUED BY:
# MIAMIBHACH
Williqm GErviso, Procuremenl Confrocting Officer ll
PROCUREMENT DEPARTME NT
1755 Meridion Avenue, 3'd Floor, Miomi Beoch, FL 33,l 39
305.673.7000 x 6650 | www.miomibeochfl.gov
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TABLE OF CONTENTS
SOLIGITATION SECTIONS: PAGE
0100 NoT uTtLtzED ............ ....................N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ..............3
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ,.......12
0400 PRoPoSAL EVALUAT]oN .......,.. .....14
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........16
APPENDTX B "NO PROPOSAL" FORM ......................23
APPENDIX C SPECIFICATIONS ........ ......25
APPENDTX D SPECTAL COND|T|ONS.............. ..........30
APPENDIX E REVENUE PROPOSAL FORM ......,....,.32
APPENDIX F INSURANCE REQUIREMENTS .,.......,.34
RFP 2017-07A-WG
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sEcTroN 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (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
Proposers and, subsequently, the successful Propose(s) (the "contractor[s]') if this RFP 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 RFP. Any prospective
Proposer who has received this RFP by any means other than through PuhlicPurchase must register immediately
wilh PuhlicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach, leader in technology and urbanism, seeks proposals from qualified firms for the design,
fabrication, installation and operation of interactive digital media kiosks (the "kiosks") in the public right-otway,
principally located on sidewalks and other public areas (as authorized by the City Manager). lt is the desire of the
City Administration that the kiosks will improve the experience of residents and visitors within Miami Beach by:. providing information on transit options; and. providing wayfinding information to civic and cultural institutions, restaurants, retail and other business; and. providing information on localevents; and. serving as a critical dissemination point for City messages during emergencies; and. serving as a surveying tool to solicit feedback from residents and visitors.
To offset the costs of the kiosks and provide a source of revenue to the City, the selected proposer may sell
advertising on the kiosks as stipulated herein, including (but not limited to):. the City shall relain25o/o of advertising availability (space and time)for its purposes;o all advertising shall comply with City regulations.
3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows:
4. PR0CUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
RFP lssued January XX,2017
Pre-Proposal Meeting January XX,2017 @ 10:00AM
Deadline for Receipt of Questions February XX,2017 @ 3:00PM
Responses Due February XX,2017 @ 3:00PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
RFP 20r7 074-WG
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Procurement Contact noted below:
Procurement Contact:
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.
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 RFP Timetable section above at the following
address:
City of Miami Beach
Procurement Department -3rd Floor
Gonference Room C
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: 5804578
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP 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. 0nly 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 RFP by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFP. 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 RFP Timetable section.
7. CONE OF SILENCE. This RFP 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 2486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the Ciiy'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 rafaelgranado@miamibeachfl.gov
Rl-P 20 I /-O/A-VYG
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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:/lweb.miamibeachfl .qov/procuremenUscroll.asox?id=2351 0
. C0NE OF SILENCE..... CITY CODE SECTION 2486. PROTEST PROCEDURES. CITY CODE SECTION 2-371. DEBARMENT PROCEEDINGS CIW CODE SECTIONS 2-397 THROUGH 2-485.3r LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.................. CIW CODE SECTIONS 2481 THROUGH 2-406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
r CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENTISSUES........... CITY CODE SECTION 2488. REQUIREMENT FOR Clry CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...,.. CIW CODE SECTION 2.373
CITY CODE SECTIONS 2 4OT THROUGH 2 410
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES. CITY CODE SECTION 2-374
o FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 70-300
r ACCEPTANGE 0F 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 RFP 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 RFP 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 2406 of the City Code.
'12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP 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 2487
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.
RFP 201/-O/A-WG
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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
298/.
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.
17. 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 RFP, 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 RFP or oral or written request for quotation, and such proposals are
responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the
service-disabled veteran business enterprise.
18. 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)
sihe deems to be in the best interest of the City or may recommend rejection 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 Manage/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.
6RFP 20 I /-O/A-WG
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19. 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.
20. 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 RFP; postpone or cancel, at any time, this RFP
process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable
efforts will be made to either award the proposer the contract or reject 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.
21. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposershall 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,
andior 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.
22. 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.
23. 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 proposalmust
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 wanant such determination in the opinion of the
City. Proposer shall submit with its proposal, a complete history of all citations andior 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.
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26. TAXES. 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 RFP. 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.
29. COPYRIGHT. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, andior 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 conkact. 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, andlor 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
discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, and age or disability.
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34. DEMONSTRATION OF COMPETENCY. The cig 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 Propose/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 demonskate 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.
D. The terms "equipment and organization", as used herein shall, be conskued 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 othenrvise 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 govemment
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 govemmental 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. Thesolicitation; then
D. The Propose/s proposal in response to the solicitation.
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40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses 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
subconkactors. 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 othenruise 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.
41. CONTRACT EXTENSION. The City reserves the right to require the Conkactor 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), Art. 1 of the State Constitution untilsuch 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 1'19.0701 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 RFP (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 nd 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 0r more in the Proposer entity or any of its affiliates.
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* /',1|/rrViSfACi-"|
45. MODIFICATIONMITHDRAWALS 0F PROPOSALS. A Proposer may submit a modified Proposalto 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 inevocable 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.
46 EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, 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. ln 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 RFP to which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
47. ACCEPTANCE OF GIFTS. FAVORS. SERVICES. 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.
48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers
at any time during the RFP solicitation process, unless othenrvise noted herein.
49. 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.
50. JOINT VENTURES: Joint Ventures are not allowed. The City will contract with a Prime Contractor only. Each
proposal shall be submitted by the Prime Contractor only. However, proposals may include sub-contractors or sub-
consultants to the Prime Contractor.
Balance of Pase lntentionallv Left Blank
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&tuitAfl"l,iBrAilH
SECTION O3OO PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (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. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Bid Proposals 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 proposals 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. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals 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. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications Reouirements
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 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
and executed.
& 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. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 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' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assiqned to this contract.
& Services
Submit detailed information addressing the equipment and services proposed, including how Proposer will achieve
each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements
and Specifications, including detailed information, as applicable, which addresses, but need not be limited to:. Kiosk Design. Proposers shall include full drawings of proposed exterior design, including customization
for Miami Beach.. Equipment. How the proposed equipment meets or exceeds all applicable building code requirements,
capability to resist graffili, ADA compliancy, weatherproof, including abilig to operate at high heat and
humidity. Whether the hardware employed is proprietary (owned by respondent). Describe relationship
from which hardware will be purchased, as the respondent will be dependent on them to perform.
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connectivity to smart phones, touchscreen capabilities, customized mapping and way finding to points of
interest, real time public transit, surveying tools and integration of social media, games and other
applications used to encourage user engagement, pedestrian counting, air quality monitoring and other
Smart City technologies. Also address whether the software employed is proprietary (owned by
respondent). Describe relationship from which software will be purchased, as the respondent will be
dependent on them to perform. Proposers shall demonstrate durinq the evaluation process the user
experience bv providinq a actual fullv functional kiosks (final desiqn not necessary) and not solelv a
representation of what the technoloqv will look like.. Other Value Added Offerings. Submit any other unique offerings that will enhance the user experience
and the Miami Beach brand as a world class destination and leader in urban technology.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to a fullv review and score the of services.
* t'*rAtu{rBrAtFl
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (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
reviewediaudited financial statements with the auditors notes for each of their last two complete fiscal years).
Revenue
Submit a Revenue Prooosal Form E).
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lAlvtlmffief H
sEcTloN 0400
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals 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 proposals 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. The City, in its discretion, may
utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals.
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 Proposal 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.
Proposer Experience and Qualifications
Equipment and Service Proposed
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1,
as follows.
Revenue Proposal
& ,o,Ji
PROPOSAL EVALUATION
Veterans Preference
4. Revenue Proposal Evaluation, The revenue proposal points shall be developed in accordance with the following
formula:
Sample Obiective Formula for Cost
Vendor Revenue
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual poinls are noted
above.)
Formula for Calculating Points (highest
revenue share perATM transaction paid
the City / revenue proposal being
evaluated X maximum allowable points =
awarded points)
Round to
Total
Points
Awarded
Vendor A $200.00 25 $1001$200X25=25 25
Vendor B $150.00 25 $100/$'150X25=16 16
Vendor C $100.00 25 $1001$100X25=13 13
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# trrrtAMi*r&Cu
S.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:
. 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.
lllii, E
Com-mittee-
MEmbert=
Step 1
Points 82 76 80
Step 2
Points 25 16 '13
Total 107 92 93
Rank I 3
::ri::\\ii::,1':ll'?
Step 1
Points 79 85 72
Step 2
Points 25 16 13
Total 104 101 85
Rank 1 ?3
Step 1
Points 80 74 66
Step 2
Points 25 16 13
Total 105 90 79
Rank i::i\\\ir! rii I 3
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APPENDIX A
* /UlA&Al mr&CM
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
2017-074-WG
INTERACTIVE DIGITAL MEDIA KIOSKS
PROCUREMENT DEPARTMENT
I755 Meridion Avenue, 3'd Floor
Miomi Beoch, Florido 33,l39
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Solicitation No:
RFP 2017-074-WG
Solicitation Title:
lnteractive Dioital Media Kiosks
Procurement uontact:
William Garviso, CPPB
Tel:
(305) 673-7000 # 6650
Email:
williamoarvisoOmiamibeachfl .oov
PROPOSAL CERTIFICATION, QU ESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and conkactual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME:
No of Years in Business:NoofYearsinBusinessLocally: I NoofEmployees
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
F/t( NO.:
FIRM LOCAL ADDRESS:
UI IY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EMAIL;
FEDERAL T/t)( IDENTIFICATION NO.:
the riqht to seek additional information from Proposer or other source(s), including but not limited to:
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.
The City reserves including any firm or principal
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21
4.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
I--_] vgs 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 Uniied 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, and child) who is also an employee of the City of Miami Beach. Proposers must also 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
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-oerformance bv anv oublic sector aoencv?f-l ves 'f--l
r,ro
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 wiih, the City's Campaign Finance Reform
laws, as codified in Sections 2487 through 2490 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-consuliants) with a controlling
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 No.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
proposalhesponse 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.
SUBMIfiAL 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.
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8.
t iving wage, Pursu
r Gemmeneing with Gity fiseal year 2012 13 (Oeteber 1 , 2012); the heurly fiving rate will be $1 1 ,28/hr with health
@
The living wage rate and health eare benefits rate may, by Reselutien ef the City Gemmissien be indexed annually fer inflatien
usi
same{in++a*ieutaryear)=
and fines, as previded in the eity's tiving Wage Ordinanee, as amended, Further infermatien en the tiving Wage requirement is
@
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 full time 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 contract 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 Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the conkact 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?
I---_-] vrs [_-l No
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---] ves [---l tto
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 0r
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
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domesiic 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
Benefits requirement is available at www.miamibeachfl.goviprocuremenV.
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9.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.
Non-Discrimination. Pursuant to City Ordinance N0.2016-3990, the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycoft as defined in Section 2-375(a) of the City Code, including the
blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
Moratorium on Travel to and the Purchase of Goods or Services from North Garolina and Mississippi. Pursuant to
Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and
Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no
travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be
sourced from these states.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Resolution 2016-29375.
Financial Capacity. At the Request of the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report (SQR) 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 ihe SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt 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.
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
Rpnpinl
lnitial to Confirm
Receiot
lnitial to Confirm
Pc.Fint
Addendum 1 Addendum 6 Addendum 1'l
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.
11.
12.
13
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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 Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, 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 proposals, may accept or reject proposals, and
may accept proposals 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 Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, withoui 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 Proposers. 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. Proposers should
rely exclusively on their own investigaiions, interpretations, and analyses. The solicitation is being provided by the City without any wananty
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 agenis that any Proposal 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 lerms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
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 Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive 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 Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals 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. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, 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 Proposal, 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 Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers 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.
RFP 2017-O7A-WG
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25
I hereby certify that l, as an authorized agent of the Proposer, am submitting 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 Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and infonnation contained in this proposal,
inclusive of the Certification. Questionnaire and Affidavit are true and accurate.
Name of Propose/s Authorized Representatve:Title of Proposeis Authonzed Representative:
Signature of Proposer's Authorized Representative:Date:
State of On this _day of
-,
20-, personally
appeared before me who
County of ) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
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:
RFP 2017-07A-WG
Page 96 of 751
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26
APPENDIX B
&
':MI&1\AIBTAfrh*
"No Bid" Form
2017-074-WG
INTERACTIVE DIGITAL MEDIA KIOSKS
PROCUREMENT DEPARTMENT
IZ55 Meridion Avenue, 3'd Floor
Miomi Beqch, Florido 33,l39
Rt-P 2U I /-O/4-WG
Page 97 of 751
23
27
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON{S) CHECKED AND/OR TNDTGATED 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 Gompany 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
DEPT. PROCUREMENT DEPARTMENT
ATTN: William Garviso, CPPB
PROPOSAL#2017-074-WG
1755 Meridian Avenue, 3'd Floor
MIAMI BEACH, FL 33139
Rt-P 20 I /{/A-WG
Page 98 of 751
24
28
APPENDIX C
&
"ry E&I&MI tsTACh{
Minimum Requirements
& Specificotions
2U7-074-WG
INTERACTIVE DIGITAL MEDIA KIOSKS
PROCUREMENT DEPARTMENT
I755 Meridion Avenue, 3d Floor
Miomi Beqch, Florido 33,l39
RFP 2017Q7A-WG
Page 99 of 751
ZJ
29
C1. General Statement of Work Required, The selected proposer shall be responsible for the
design, fabrication, installation and operation of interactive digital media kiosks (the "kiosks") in the
public rightof-way, principally located on sidewalks and other public areas (as authorized by the
City Manager), including all permits and approvals, and coordination with other public or private
agencies as may be required. lt is estimated that a minimum fifteen to thirty units will be installed
initially, including Lincoln Road, Convention Center, Ocean Drive, 41st Street area, and the North
Beach area, as well as other key points throughout the City. Additional units and locations may be
considered by the City to include potential bus shelters at key transfer points. Respondent will be
responsible for 100% for all costs of the kiosks program, with portion of revenue to be shared with
the City
It is the desire of the City Administration that the kiosks improve the experience of residents and
visitors within Miami Beach through the use and implementation of "Smart City" technology. A
"Smart City" is an urban development vision to integrate multiple information and communication
technology and lntemet of solutions in a secure fashion to manage a city's assets. The goal of
building a smart city is to improve quality of life by using urban informatics and technology to
improve the efficiency of services and meet residents' needs.
C2. Specifications
1. Interactive kiosk units shall:. Be freestanding, installed in exterior location and capable of exceeding all
applicable building codes. Electrical and communication connections shall be
installed as part of the kiosk by the contractor.
. Be weatherproof, including ability to operate at high heat and humidity.
. Be graffiti+esistant and durable including procedures for preventing and rectifying
damage from inclement weather, dirt and vandals. Removal of any graffiti shall be
the responsibility of the contractor. Failure to remove any graffiti may cause the
city to remove such graffiti and/or coverlremove the kiosk and charge the
contractor for such work.
Be fully American with Disabilities Act (ADA) compliant, including adjusting height
of content and interactive features for users in wheelchairs. Each kiosk must meet
American with Disabilities Act (ADA) regulations including approach heighUreach
requirements and accessibility for visually impaired.
lnclude a directory that allows for opportunities to incorporate accessible
technologies for the visually impaired and be equipped with the ability to connect
with smart phones that can direct user to a web based information center.
Be interactive with users allowing for the navigation of screens and applications by
employing touchscreen technology as primary interface of device.
Allow for the display of advertising, as approved by the City, when passive, but
upon engagement by a user, the advertising must be minimized or eliminated to
Rl-P 20 I /{/A-WG
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26
30
take a secondary position to interactive content. 25% of total advertising space
shall be available to the City to place public service advertisements at no cost to
the City.
Be location aware, providing customized mapping and wayfinding to points of
interest nearby and through-out the City, inclusive of options for walking and public
transit, including real time arrival and departure information.
Provide filtering to search by category of activity, including transit options; civic
and cultural institutions, restaurants, retail and other business; local events, City
messaging and surveying. Should include rational sorting protocol including
proximity and type (such as by cuisine, where appropriate). Must include
procedure for ensuring this contact is up to date, accurate and relevant. Must
include transfer protocol to share mapping information with user's mobile devices.
Provide surveying options, including ability to pose questions to users, collect
answers and disseminate to City.
lnclude the option of integration of social media, games and other applications to
encourage user engagement.
Provide pedestrian counting and air quality monitoring.
Have the ability to switch between English and Spanish, with support for other
languages if required at later date.
The software for this project must provide for remote, easy and efficient additions
and deletions of data and content, including graphics and photographs. The
respondent will be charged with the daily management of content on these kiosks.
Some content will be static (i.e. attractions). Some will change periodically (i.e.
names of stores and businesses, goods and services). Some will change
constantly, even daily (i.e. promotions and events).
lntegrate the City's existing graphical palette into the program/software. Copies of
some of the City's logo and graphic palette can be viewed on the City of Miami
Beach web site (www.miamibeachfl.gov).
The respondent will also provide the content for the kiosk project. This includes all
photographs and images, narratives, business and building names and addresses,
goods and services provided by business, as well as attractions and events. lt is
expected that the selected vender will adapt these files for interactive touch screen
mapping.
The respondent shall propose a custom design of exterior of unit to create design
unique to Miami Beach.
RFP 2017{74-WG
Page 101 of751
l/
31
ADVERTISING GUIDELINES
A. All advertising accepted for placement will comply with Federal, State, Miami-Dade
County, and existing City of Miami Beach laws, rules and regulations. The City will retain
the right and ability to identify the quantity and location of any proposed advertising
program. The City reserves the right to approve or disapprove of any advertising and can
request that it be removed at any time.
B. The Contractor shall neither accept for display, install, nor maintain any advertisement
that falls within one or more of the following categories:
1. Unlavvful or illegal goods, services or activities.
2. Tobacco or tobacco related products.
3. Firearms4. Sexual services, programs or products
5. Political candidates or political issues
6. An advertiser that is a competing brand of non-alcoholic beverage to Coca-Cola
(Please see category exclusion portion below)
C. Advertising for alcoholic beverages shall not be permitted within 250 feet of any school,
day care or house of worshiP.
D. Any such prohibited material displayed or placed shall be immediately removed by
Contractor upon notice from the City.
CATEGORY EXCLUSION
Pursuant to an exclusive non-alcoholic beverage partnership approved with Coca-Cola
Refreshments on July 13,2A11, the advertising of competitive products is not permitted in
any city facility or property (e.g. garage, parking lots, building, elevator). This includes
compeiitive energy drinks, sparkling beverages, protein drinks, iced teas, coffees, etc. The
selected proposer may contact Coca-Cola Refreshments to discuss any potential
advertising oppo(unities for their various brands
MINIMUM GUARANTEE (MG)
ln consideration of the City executing an agreement and granting the rights provided in the
agreement, the successful contractor shall guarantee and pay to the City a monthly
minimum fee to be paid on a quarterly basis. ln the event that the City chooses to extend
the term of the concession agreement for any renewal term(s), the MG may be increased
in a manner to be negotiated between the City and successful contractor.
PERCENTAGE OF GROSS (PG)
The City reserves the right to negotiate a Percentage of Gross Revenue due to the City
during contract negotiations. lf the annual PG amount is greater than the annual total MG,
the successful proposer shall pay to the City the difference between the annual MG
amount and the annual PG amount within 30 days of the anniversary date of the
Agreement. lf the annual PG amount owed to the City is less than the sum of all minimum
monthly guarantee payments, no further payments will be required of the Conkactor.
Likewise, the City shall not reimburse the Contractor any portion of the minimum monthly
guarantee.
Page 102 ot 751
32
7.
INSTALLATION AND MAINTENANCE
The successful contractor will be responsible for the design, fabrication, installation and
operational investment of the kiosks, Contractor shall maintain kiosks in good condition
and repair and shall be solely responsible for the maintenance, cleaning, repair and
replacement. ln the event a kiosk is damaged or defaced in any manner it must be
removed or repaired by the contractor within 3 days.
Depending on the extenUcontent of the graffiti/damage, the City may request immediate
covering of the kiosk and removall repair within 12 hours. Should the Conkactor fail to
correct damages in the event of incident within the specified time frames, the City may
repailremove the kiosks and charge the contractor all costs associated with non-
performance.
PERFORMANCE BOND OR ALTERNATE SECURIW
The successful contractor shall furnish the City with a security deposit, in an amount
agreed to by the City. Said security shall serve to secure the successful contractor's
performance in accordance with the installation and maintenance provisions of the
agreement. ln the event the successful proposer fails to perform in accordance with said
provisions, the City may retain said security, as well as pursue any and all other legal
remedies provided in the agreement, or as may be provided by applicable law.
RFP 2017{7A-WG
Page 103of751
29
33
APPENDIX D
g &AIA&AImf;,&f,h{
Speciol Conditions
2017-074-WG
INTERACTIVE DIGITAL MEDIA KIOSKS
PROCUREMENT DEPARTMENT
1755 Meridiqn Avenue, 3'd Floor
Miomi Beoch, Florido 33,l39
Rt-P 201/{/A-WG
Page 104 of 751
JU
34
1.
2.
3.
4.
5.
TERM OF CONTRACT. The contract shall commence upon effective date of fully executed
agreement and shall be effective for ten (10) years. The successful proposer shall complete
installation and be ready to offer services to the public within ninety (90) days after the
commencement of the contract.
OPTION TO RENEW. The City, through its City Manager, will have the option to extend for one ('1)
additional five-year period at the City's sole discretion. The successful contractor shall maintain, for
the entirety of any renewal period, the same revenue share, terms, and conditions included within
the originally awarded contract. Continuation of the contract beyond the initial period, and any
option subsequently exercised, is a City prerogative, and not a right of the successful contractor.
PROTECTION OF PROPERTY. The Successful Conkactor will at all times guard against damage
to or loss of property belonging to the City of Miami Beach. lt is the responsibility of the Successful
Contractor to replace or repair any property lost or damaged by any of its employees. The City of
Miami Beach may withhold payment or make such deductions as it might deem necessary to
ensure reimbursement for loss or damage to property through negligence of the Successful
Contractor, its employees or agents.
LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits
and inspection fees required for this project; and shall mmply with all laws, ordinances, regulations
and building code requirements applicable to the work contemplated herein related to the
installation and proper functioning of the kiosks machines. Damages, penalties and or fines
imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall
be borne by the contractor.
EXAMINATION OF SITE RECOMMENDED. Prior to submitting its offer it is advisable that the
vendor visit the site(s) of the proposed work and become familiar with any conditions which may in
any manner affect the work to be done or affect the equipment, materials and or labor required.
The vendor is also advised to examine carefully the specifications and become thoroughly aware
regarding any and all conditions and requirements that may in any manner affect the work to be
performed under the contract. No additional allowances will be made because of lack of
knowledge of these conditions.
DEMONSTRATION OF EQUIPMENT REQUIRED DURING EVALUATION. The user experience
of an actual fully functional Kiosk must be brought to the City for inspection and testing during
which the demonstration will be highly illuminating in evaluating suitability of technology at no
additional cost. Responses shall be judged based upon the performance during the actual
demonstration and not representations of what the technology could do in the written response.
The purpose of this demonstration is to observe the equipment in an operational environment and
to verify its capability, suitability and adaptability in conjunction with perfonnance requirements
stipulated in this solicitation, The City will notify the vendor of such in writing and will specify the
date and time and location of the demonstration. The City shall be the sole judge of the
acceptability of the equipment in conformance with the specifications and its decision shall be final.
The Equipment used for the demonstration shall be the same manufactures model identified in the
vendors offer. Accordingly, the equipment used in the demonstration shall create an expressed
warranty that the actual equipment to be provided during the contract period shall conform to the
equipment used in the demonstration.
6.
Rt-P 20 t /{/A-WG
Page 105of751
a1
35
APPENDIX E
g MIAEAIBTACp{
Revenue Proposol Form
2017-074-WG
INTERACTIVE DIGITAL MEDIA KIOSKS
PROCUREMENT DEPARTMENT.l755 Meridion Avenue, 3'd Floor
Miomi Beoch, Florido 33139
RFP 2017{74-WG
Page 106 of 751
36
APPENDIX E
REVENUE PROPOSAL FORM
This Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form
completed in pencilshall be deemed non-responsive. All corrections shall be initialed.
t The proposed Minimum Guarantee (MG) provided to the City shall be utilized to allocate points in the
Evaluation Process.
Comoanv:
Authorized Representative:
Address:
Teleohone:
Email:
Authorized Reoresentative's Siqnature :
12 Months
RFP 2017Q7A-WG
Page 107 of 751
a't
37
APPENDIX F
lnsuro nce Requirements
2017-074-WG
INTERACTIVE DIGITAL MEDIA KIOSKS
PROCUREMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33139
Rt-P 20 I /{/A-WG
Page 108 of751
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38
&
:&At&,&At mffi&cH
Before beginning any work and throughout the term of the contract (including renewal periods), the Provider shall
indicate that insurance coverage has been obtained which meets the requirements as outlined below:
A.Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's
Liability lnsurance in an amount not less than $1,000,000.
B.Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single
limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional
insured with respect to this coverage.
C.Automobile Liability for all owned, non-owned and hired vehicles used in connection with this agreement, in an
amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage.
D. Professional Liability lnsurance in an amount not less than $1,000,000.
The insurance coverage required above must include a waiver of subrogation in favor of the City.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by
companies authorized to do business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B+" as to management, and no less than "Class Vll" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or
its equivalent, subject to the approval of the City Risk Management Division.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3rd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this
section or under any other section of this agreement.
35RFP 2017-O7A-VVG
Page 109 of 751
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THIS PAGE INTENTIONALLY LEFT BLANK
40
Agendaltem C? R
Date /-/l - l)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, OPPOSING ANY RELIGIOUS.BASED OR
NATIONALITY-BASED REGISTRATION OF PERSONS ENTERING THE
UNITED STATES OF AMERICA.
WHEREAS, President-Elect Donald Trump has expressed that he is in favor of the strict
immigration screening of Muslims; and
WHEREAS, some supporters of President-Elect Donald Trump are calling for the
registration of all Muslims entering the United States of America; and
WHEREAS, Donald Trump supporter, Carl Higbie, defended the proposed registry of
immigrants from Muslim countries by citing the \AAffll internment of over 110,000 Japanese-
Americans as legal precedent; and
WHEREAS, in 1943, President Franklin Delano Roosevelt stated, "Americanism is a
matter of the mind and heart; Americanism is not, and never was, a matter of race or ancestry";
and
WHEREAS, President Roosevelt's statement was in response to the patriotism of the
442nd Regimental Combat Team which grew to approximately 14,000 Americans of Japanese
ancestry, and which became the most decorated military unit for its size and length of service in
the history of American warfare. The "Go For Broke" 442nd Regimental Combat Team and its
100th lnfantry Battalion (the "One Puka Puka") accumulated the following reported
achievements: 8 Major Campaigns in Europe, 8 Presidential Unit Citations, 9,486 Casualties
(Purple Hearts), 18,143 individual decorations including: 21 Congressional Medals of Honor, 52
Distinguished Service Crosses, 1 Distinguished Presidential Unit Citation, 1 Distinguished
Service Medal, 560 Silver Stars, and 28 with Oak Leaf Clusters (in lieu of a second),22 Legion
of Merit Medals,4,000 Bronze Stars and 1,200 with Oak Leaf Clusters (in lieu of a second), 12
French Croix de Guerre with 2 Palms (representing second awards), 15 Soldiers' Medals, 2
Italian Crosses for Military Merit, and 2ltalian Medals for Military Valor; and
WHEREAS, in 1988, President Ronald Reagan signed into law the Civil Liberties Act,
which apologized for the internment on behalf of the United States Government and stated that
government actions were based on "race prejudice, war hysteria and a failure of political
leadership." The United States Government eventually disbursed approximately 1.6 billion
dollars in reparations to 82,219 formerly interned Japanese Americans and their heirs; and
WHEREAS, the following entry was reported to have been found in the personal diary of
King Christian X of Denmark following World War ll:
When you look at the inhumane treatment of Jews, not only in Germany but
occupied countries as well, you start worrying that such a demand might also be
put on us, but we must clearly refuse such this due to their protection under the
Danish constitution. I stated that I could not meet such a demand towards Danish
41
citizens. lf such a demand is made, we would best meet it by all wearing the Star
of David; and
WHEREAS, after a successful nationwide collective resistance of Danish citizens,
clergy, and governmental officials to save Danish Jews from planned Nazi deportation, an
excerpt from the Danish King's diary and a Swedish cartoon are purported to have given rise to
the myth that the Danish King said that all Danish citizens would wear the yellow star if the
Nazis required Danish Jews to wear it. A Swedish cartoon of that era depicted Denmark's
former prime minister asking Danish King Christian X what he would do if the present Nazi-
approved prime minister made all the Jews wear yellow stars, and in the cartoon the King
responds, 'We will all have to wear yellow stars"; and
WHEREAS, American history is replete with examples of members of one ethnic group
fighting for the liberties of other ethnic groups, such as: the Quaker opposition to the Mexican-
American War, Quaker participation in the Underground Railroad, American Catholic and
Jewish participation in struggles during the Civil Rights Era, and most recently the host of "The
Daily Show," Trevor Noah, has suggested that all Americans should sign up on any registry
required of Muslims.
NOW THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
Section 1. The Mayor and Commission of the City of Miami Beach hereby oppose any
religious-based or nationality-based registration of persons entering the United States, and urge
all Americans to sign up on any registry required of persons based on religious affiliation or
nationality, should such registration be required.
Section 2. The City Clerk is hereby directed to send a copy of this Resolution to all
elected officials throughout Florida.
PASSED AND ADOPTED this _ day of January, 2017.
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
LANGUAGE
EXECUTION
F:\ATTO\TURN\RESOS\Reso opposing religion-based and nationality-based registration
CityAttomey #,,
42
MIAMIBEACH
OFFICE OF THE CITY MANAGER
No' LTC # oo9-20{z
Agenda nem RQ L
g71s l-ll-l?
LETTER TO COMMISSION
TO:Mayor Philip Levine and Members of City Com sron
FROM: Jimmy L. Morales, City Manager
DATE: January 9,2017
SUBIECT: Report regarding the theft of funds a City bank account
The purpose of this Letter to Commission is to provide a more detailed report to the City
Commission regarding (i) how the funds were stolen from the account, (ii) the steps we
are taking to recapture the funds, and (iii) the steps we have taken to ensure that our
internal controls and cash management procedures provide the highest level of
protection going fonruard. ln preparing this report, I am being careful not to discuss
information that could in any way compromise the criminal investigation that the U.S.
Attorney's office, the FBI and Miami Beach Police are spearheading.
Exptanation of the theft
The account in question is the core account in the system of the general depositary
account that the City maintains with SunTrust Bank (the "Account").1 The Account dates
back to 1995, and was most recently renewed pursuant to a competitive RFP in2012.
The average daily balances in the Account range from $46 million to $144 million. This
account is where all funds received by the City are deposited daily either from a direct
deposit or from an overnight sweep from five (5) receiving sub-accounts (Parking, Resort
Taxes, Liens, Red Light Camera and Parks & Recreation) Although most of the
transactions in the Account consist of deposits to the Account, there are some
disbursements from the Account to third parties (approximately 300 monthly), mostly
consisting of electronic transfers to other governmental entities and fees and charges
paid to banks for credit charges and related items. When the City has to pay vendors for
good and services, payroll and claims, funds from the Account are transferred to the
applicable zero balance account (ZBA) disbursement account for payment therefrom.
The web of accounts that collectively comprise the City's general depository account has
approximately 1 ,500 incoming transactions and 1 ,100 outgoing transactions per month.
The theft in question took place pursuant to the electronic transfer of funds under the
Automated Clearing House (ACH) system. Under that system (regulated by Federal
statute), correspondent banks engage in electronic funds transfers on behalf of their
customers. All requests have to be processed within 24 hours. lf you have ever
authorized the electronic transfer of funds from your checking account to pay a utility bill,
1 The City maintains 27 accounts with SunTrust, including the Account. The average daily
balance in allaccounts with SunTrust is approximately $171 million.
43
for example, you recall that you provided the account number and the A.B.A. routing
number for your account (often by a cancelled check that contains said information) and
the required authorization form for the electronic debits.
What occurred in this instance (and apparently is a fairly common and widespread form
of fraud) is that third parties obtained the account number and A.B.A. routing number for
the Account. They then provided that information to various vendors, and represented
that this was their bank account. The vendors then provided this information to their
respective banks, and when the time came to pay invoices, those banks sent electronic
requests for funds transfer to SunTrust, believing that the Account was actually the
account of the customer of the vendor in question. SunTrust processed the request and
electronically transferred the funds to the banks in question. This took place over a six
month period with numerous transactions, resulting in the transfer of over $3.6 million in
funds from the Account. Finance department staff discovered the transfers in
December, and I learned of these transfers on December 19th.
As a result of the mechanism utilized, we actually know specifically which banks
requested and received the transfers, and which bank customers (vendors) had initiated
the request for transfers. We also have alleged names for the individuals or entities that
provided the false account information to the vendors. All of this information has been
provided to law enforcement and they are investigating. Finance staff also alerted
SunTrust, who immediately stopped any further electronic transfers under the ACH
system for our accounts. We have since reviewed all activity in the Account, as well as
all our other accounts at SunTrust and other financial institutions, and we have not
identified any other fraudulent activity. The activity appears to be limited to the Account.
One question that comes up is how the Account information became available to the
third parties that perpetrated the theft. While the criminal investigation may shed light on
that (including whether any City employee was complicit in this fraud), it is also possible
that we may never truly know. Bank account numbers and A.B.A. routing numbers are
usually in the possession of a wide array of individuals. Any check ever written contains
the information. Any wire transfer senUreceived contains the information. Any valid
electronic transfer senUreceived contains the information. Given the level of activity in
the Account and the age of the Account, the number of individuals that have, at some
point, had access to the information is too large to measure.
Another question is whether this has had an adverse impact on the ability of the City to
provide services, maintain its operations or meet financial obligations (including bonds
and pensions). The answer is no. The City's Pension Funds, for example, are held with
the pension trustees in different bank accounts. They were not impacted. lt is also
important to note that bond proceeds for funding capital projects (including the MBCC)
are not held at SunTrust but in protected investment accounts at other institutions and
considered to be fully secured. The impact of this fraud does not affect the City's ability
to pay obligations and fund payroll pursuant to the approved fiscal budget. Until it is
returned to the City, the $3.6 million is deemed to have been removed from the City;s
contingency funds, which currently has a balance of approximately $48 million.
2
44
Efforts to Recapture the Funds
Once I learned of the theft of our funds, we immediately contacted Miami Beach Police
to investigate the fraud. Within 24 hours, we met with police and the FBl, and staff has
been working with those agencies, providing information as requested. I have also been
in communication with the US Attorney's office on several occasions to discuss the case.
While the goal of any criminal investigation is to identify and bring the culprits to justice,
we also anticipate that information gathered therein will assist us in recapturing funds
and/or assets.
SunTrust also initiated the claims process under the federal statute governing ACH
transactions. Under that statute, if a bank that transfers electronic funds subsequently
discovers (within 60 days from the transfer in consumer cases and 2 days in non-
consumer cases) that the request was not valid, it is entitled to file a claim with the bank
that originated the request. The statute provides that the originating bank shall, within
ten (10) business days of the request, either provide documentation evidencing that the
transaction in question was properly authorized or, if such documentation is not
available, it must return the funds. SunTrust has filed claims with respect to all the
electronic transfers out of the Account. Since none of the bank customers in question
were vendors of the City or in any other way in any relationship with the City, we believe
that there is no way that any documents will be produced that evidence authorization of
withdrawal from the Account. To date, pursuant to the process and also pursuant to due
diligencebytheCity,$69,1,770hasbeenreturnedtotheAccount.
We are in constant communication with officials at SunTrust and are cooperating with
them in the etfort to recapture the funds from the banks that received them. I have met
twice with senior officers of SunTrust, including the South Florida President, and they
are cooperating with the criminal investigation as well as conducting their own internal
analysis of the transactions. The goal, of course, is to recapture as much of the money
as humanly possible. Much work remains to be done in this regard, and all the parties in
question are working collaboratively to reach that goal. Depending on the results of that
effort, we will, of course, examine any other remedies available to us.
Ensurinq the securitv of Citv funds qoinq fotward
:
Just as important as recapturing the dollars is making sure this never happens again.
The steps we have taken include:
. Opened new general depository bank account with SunTrust and in process of
closing current one. Given the number of accounts that pay into the Account, we
cannot just simply close it without a transition time during which we provide
notice to third parties that pay into the account.
. lmplemented ACH Fraud Control on the new and existing account which allows
the City to set parameters for which ACH transactions are allowed.2 This gives
2 Unfortunately, the last time the Account was renewed in 2012, ACH Fraud Control was made
available by SunTrust at no cost to the City, but the Finance staff at that time elected not to apply
it to the Account. The protection was only applied to our disbursement accounts.
45
the City the tools needed to monitor electronic payments and block unauthorized
ACH debits before they post to our account.3 We have similarly made sure that
all other accounts that might be a target also have ACH Fraud Control or some
similar protection.
. Set up UPIC, a unique account identifier issued by financial institutions that
allows organizations to receive electronic payments without divulging confidential
banking information. :
. Unless pre-authorized, discontinued ACH payments for good and services
. Discontinued ACI with MasterCard payments.
. lnstituted a daily review and reconciliation of all non-check disbursements.
. Accepted the resignation of the Treasury Manager and the Accounts Payable
Director.4 As I have indicated publicly, while the theft may not have been entirely
preventable, the amount could have been mitigated by better performance of the
treasury management and account reconciliation process.5 I am continuing to
examine how we could have minimized the extent of the theft and further
personnel decisions may be necessary. Obviously, if the criminal investigation
identifies any employee-related issues, those will be addressed as well.
As I reported to you last week, I used my emergency procurement authority to retain the
accounting firm BDO to conduct a review and risk assessment of our internal controls
and procedures in our Treasury management and disbursement function. We will be
working with both the New York and Miami offices. They also have a cyber security
department that can assist with any issues that may arise with respect thereto. The goal
is to ensure that our internal controls represent best practices going fonruard. We
anticipate that the review will be completed in 4-6 weeks.
I have personally spoken with our financial advisor to determine if she thought that this
event would have any impact on our bond ratings, and she was of the opinion that since
the funds in question do not impact our debt coverage ratios or the City's economic
forecasts, there should be no impact. Finally, I met with our outside independent
auditing firm and have asked them to provide me a time and cost estimate with respect
to expanding the scope of future annual audits to include the effectiveness of our internal
controls with respect to cash management. This is not something that is required by
Florida with respect to the audit of municipal financial statements, but is something that
is done with respect to publicly traded companies.
lf you have any questions, please feel free to contact me.
3 ln fact, the ACH Fraud Control program already prevented an unauthorized ACH transfer last
Friday.
4 The Treasury Manager had been with the City for 14 years and had served as Treasury
Manager for the last 10 years. The Accounts Payable Director similarly served in that capacity for
the past 10 years.
5 We are in the process of hiring a new Treasury Manager who comes to us with many years of
experience as a Finance Director in two other municipalities in Miami-Dade County.
4
46
Agenda tten RQVDate r-ll-t7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF MIAMI BEACH URGING THE FLORIDA
LEGISLATURE TO AMEND SECTION 212.0306, FLORIDA
STATUTES, AND ALLOW FOR THE COLLECTION OF A
ONE PERCENT SALES SURTN( ON ALL FOOD AND
BEVERAGE SALES FOR CONSUMPTION ON PREMISES
EXCEPT HOTELS AND MOTELS WITHIN THE CITY OF
MIAMI BEACH TO ASSIST HOMELESS PERSONS, OR
THOSE AT RISK OF HOMELESSNESS, AND VICTIMS OF
DOMESTIC VIOLENCE
WHEREAS, Section 212.0306, Florida Statutes, authorizes Miami-Dade County
to levy a homeless and domestic abuse tax.
WHEREAS, pursuant to Section 212.0306, this one percent tax is collected on al!
food and beverage sales in much of Miami-Dade County by establishments that are
licensed by the State of Florida to sell alcoholic beverages for consumption on the
premises, except for hotels and motels.
WHEREAS, the homeless and domestic violence tax is collected throughout
Miami-Dade County with the exception of establishments in the cities of Miami Beach,
Surfside and Bal Harbour.
WHEREAS, 85 percent the tax receipts goes to the Miami-Dade County
Homeless Trust, the governing body which oversees the use of portion of the tax
dedicated to homeless programs, and 15 percent goes to Miami-Dade County and is
overseen by the Domestic Violence Oversight Board, for the construction and operation
of domestic violence centers.
WHEREAS, when the homeless tax legislation was enacted in 1993, state
statute exempted cities or towns imposing a municipal resort tax as authorized by
Chapter 67-930 from the homeless and domestic abuse tax.
WHEREAS, Miami Beach wishes to urge the Florida Legislature to amend
Section 212.0306, and allow the one percent homeless and domestic abuse tax to be
collected on all food and beverage sales for consumption on premises in Miami Beach,
except for hotels and motels.
WHEREAS, in accordance with Section 212.0306, and subject to the subsequent
amendment of Miami-Dade County Ordinance No. 94-66 by the Miami-Dade Board of
County Commissioners, 85 percent of tax receipts would go to the Miami-Dade County
Homeless Trust, to assist persons who have become or are about to become homeless,
and 15 percent would go toward the construction and operation of domestic violence
47
centers, ensuring that proceeds are used in a manner which will provide the greatest
benefit to homeless persons and the community as a whole.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT THIS BOARD
Section 1: Urges the Florida Legislature to amend section 212.0306, Florida
Statutes, and allow for the collection of a one percent tax on all food and beverage
sales for consumption on premises within the City of Miami Beach to assist homeless
persons, or those at risk of homelessness, and victims of domestic violence.
Section 2: Directs the City Clerk to transmit a certified copy of this resolution to
the Governor, the Senate President, the House Speaker, and the Chair and Members of
the Miami-Dade County State Legislative Delegation.
Section 3: Directs Miami Beach's state lobbyists to advocate for the legislative
action set forth in Section 1 above, and authorizes and directs Miami Beach's
Legislative Affairs Office to include this item in the 2017 State Legislative Agenda.
PASSED and ADOPTED this _th day of 2016.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
48