99-23079 RESO
RESOLUTION NO. 99-23079
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REJECTING ALL PROPOSALS RECEIVED,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 22-98/99 FOR
MARKETING PROFESSIONALS TO ASSIST THE MIAMI BEACH
CUL TURAL ARTS COUNCIL IN DEVELOPING AND IMPLEMENTING A
MARKETING PLAN AND, IN THE ALTERNATIVE, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
MIAMI BEACH CULTURAL ARTS COUNCIL MARKETING.
WHEREAS, the City issued Request for Qualifications (RFQ) No. 22-98/99 for Marketng
Professionals to Assist the Miami Beach Cultural Arts Council in Developing and Implementin.~ a
Marketing Plan; and
WHEREAS, specification packages for RFQ No. 22-98/99 were issued on Decemb~r~2,
1998, resulting in the receipt of two (2) responsive proposals; and
WHEREAS, an Evaluation Committee was appointed to review the proposals received a ld,
during the evaluation process, it was determined that the proposals should be rejected and a R~:qt:.;:st
for Proposals be issued instead; and
WHEREAS, accordingly, the Administration would recommend that the Mayor and City
Commission reject all proposals received pursuant to the RFQ, and direct the Administration to is~ ue
a Request for Proposals.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND Cr'y
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Cty
Commission herein authorize the Administration to reject all proposals received pursuant to RFQ
No. 22-98/99, for Marketing Professionals to Assist the Miami Beach Cultural Arts Council in
Developing and Implementing a Marketing Plan and, in the alternative, direct the Administration to
issue a Request for Proposals for Miami Beach Cultural Arts Council Marketing..
PASSED and ADOPTED this 3rd day of March, 1999. .AA It
1ikt~ p~ MA?~ (
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1fcJt*- '
~ 14Y1Q
Do1e /
CITY OF MIAMI BEACH
RFP NO. 35-98/99
REQUEST FOR PROPOSALS FOR
Miami Beach Cultural Arts Council Marketing
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 8:30AM
on Thursday April 8, 1999, in the City Manager's Large Conference Room,
4th Floor, City Hall, 1700 Convention Center Drive, Miami Beach
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN Friday, April 23, 1999 AT 4:00 PM
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
1
CITY OF MIAMI BEACH
RFP NO. 35-98/99
Sealed proposals will be received by the City of Miami Beach Procurement Director, 170)
Convention Center Drive, Miami Beach, Florida, 33139, unti14pm on Friday, April 23, 1999 fo':
Miami Beach Cultural Arts Council Marketing
At time, date, and place above, proposals will be publicly opened. Any proposal received after 1im~
and date specified will be returned to the proposer unopened.
A Pre-Proposal Conference is scheduled for Thursday April 8, 1999, in the City Manager's Larg?
Conference Room.
Proposal documents may be obtained upon request from the Procurement Division, telephon.~
number (305) 673-7490, Bid Clerk.
You are hereby advised that this RFP is subject to the "Cone of Silence, " in accordance wit 1
Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendatior,
there is a prohibition on communication with the City's professional staff. The ordinance does ne t
apply to oral communications at pre-bid conferences, oral presentations before evaluati:m
committees, contract discussions during any duly noticed public meeting, public presentations mad.~
to the City Commission during any duly noticed public meeting, contract negotiations with the 5ta1 f
following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications i 1
writing at any time with any city employee, official, or member of the City Commission un les;
specifically prohibited. A copy of all written communications must be filed with the City Cl,~d .
Violation of these provisions by any particular bidder or proposer shall render any RFP award, BF<.~
award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer s 1aIl
not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods o.~
services for a period of one year.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the he5 t
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The Cit;i 0 f
Miami Beach may reject any and all proposals or bids.
CITY OF MIAMI BEACH
Michael A. Rath, CPPB
Procurement Director
RFP NO: 35-98/99
DA TE: 3/4/99
CITY OF MIAMI BEACH
2
T ABLE OF CONTENTS
I. OVERVIEW AND PROPOSAL PROCEDURES
II. SCOPE OF SERVICES
III. PROPOSAL FORMAT
IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
V. GENERAL PROVISIONS
VI. SPECIAL TERMS AND CONDITIONS
VII. A TT ACHMENTS
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The Miami Beach Cultural Arts Council supports the visual and performing arts of tl e
community, primarily through grant awards, community outreach, and marketing. n e
marketing component is overseen by the Council's Marketing Committee, which s
comprised of Council members and community advisors. The Marketing Committee s
seeking expert advice in developing and implementing a plan to make best use of tl e
Council's marketing budget. Goals include promoting the City's cultural arts groups ard
elevating awareness of Miami Beach as an important cultural center.
Mission: The Miami Beach Cultural Arts Council shall have the purpose c{
developing, coordinating, and promoting the peiforming and visual arts in the Cily c{
Miami Beach for the enjoyment, education, cultural enrichment, and benefit oj the
residents of and visitors to the City,
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
Wednesday, March 3,1999
Deadline for receipt of questions
Thursday, April 1, 1999
Pre-Proposal Conference
Thursday, April 8, 1999, 8:30am
Deadline for receipt of proposals
Friday, April 23, 1999, 4:00pm
Evaluation committee meetings
Thursday, May 6 to Thursday, May 13,1991
Commission approval and authorization
of negotiations
Wednesday, June 9, 1999
Contract negotiations
June 10-11,1999
Projected award date
Wednesday, June 23,1999
Projected contract start date
Thursday, July 1,1999
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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C. PROPOSAL SUBMISSION
An original and 15 copies of complete proposal must be received by Friday, April 23, i 9S, 9
at 4:00pm and will be opened on that day at that time. The original and all copies mmit 1: e
submitted to the Procurement Division in a sealed envelope or container stating on tl e
outside the proposer's name, address, telephone number, RFP nwnber and title, and Prof os Ll
due date.
The responsibility for submitting a response to this RFP to the Procurement Division on <r
before the stated time and date will be solely and strictly that of the proposer. The City wi]
in no way be responsible for delays caused by the U.S. Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time wit ne It
be accepted and will not be considered.
D. PRE-PROPOSAL CONFERENCE
Thursday; April 8, 1999, 8:30-10:00am, City Manager's Large Conference Room, 4t'i
Floor, City Hall
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490. Propose] s
are advised that from the date of release of this RFP until award of the contract, no cor taco t
with City personnel related to this RFP is permitted, except as authorized by the cortac t
person. Any such unauthorized contact may result in the disqualification of the propmer' s
submittal.
Requests for additional information or clarifications must be made in writing to th~
Procurement Director no later than the date specified in the RFP timetable. Facsimiles wi I
be accepted at (305) 673-7851.
The City will issue replies to inquiries and any other corrections or amendments it de~rr. s
necessary in written addenda issued prior to the deadline for responding to the RFP.
Proposers should not rely on representations, statements, or explanations other than thos~
made in this RFP or in any addendum to this RFP. Proposers are required to acknowle dg .~
the number of addenda received as part of their proposals. The proposer should verify ,'vit 1
the Procurement Division prior to submitting a proposal that all addenda have bee 1
received.
F. PROPOSAL GUARANTY
Not Applicable
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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G. MODIFICA TION/WITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a previous y
submitted proposal up until the proposal due date and time. Modifications received after tl e
proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to tl e
proposal due date or after expiration of (number) calendar days from the openin:~ (f
proposals without a contract award. Letters of withdrawal received after the proposal dl e
date and before said expiration date and letters of withdrawal received after contract aWal d
will not be considered.
H. RFP POSTPONEMENT/CANCELLA TION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and ai,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or wli\ e
any irregularities in this RFP or in any proposals received as a result of this RFP.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or an r
work performed in connection therewith, shall be the sole responsibility of the proposer(~)
and not be reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with the City of Miami Beach Procurement Divis lor;
this will facilitate their receipt of future notices of solicitations when they are issued. A I
proposer(s) must register prior to award; failure to register will result in the rejection ofth.~
proposal. Potential proposers may contact the Procurement Division at (305) 673-7491) t,)
request an application.
Registration requires that a business entity complete a vendor application and submi1 a 1
annual administrative fee of $20.00. The following documents are required:
1. Vendor registration form
2. Commodity code listing
3. Articles of Incorporation - Copy of Certification page
4. Copy of Business or Occupational License
It is the responsibility of the proposer to inform the City concerning any changes, includinl,
new address, telephone number, services, or commodities.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in ths
RFP, and outline what alternative is being offered. The City, after completing evaluation"
may accept or reject the exceptions. In cases in which exceptions are rejected, the City m, y
require the proposer to furnish the services or goods originally described, or negotiat(: al
alternative acceptable to the City.
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to thisll P
will be available for public inspection after opening of proposals, in compliance with ChLptl:r
286, Florida Statutes, known as the "Government in the Sunshine Law".
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, ( r
may require proposers to give oral presentations based on their proposals. The City reserv( s
the right to enter into negotiations with the selected proposer, and ifthe City and the selecte j
proposer cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations and begin negotiations with the next selected proposer. This process ma 'y'
continue until a contract has been executed or all proposals have been rejected. No prop:>st r
shall have any rights in the subject project or property or against the City arising from we]
negotiations.
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendations for contract award b l
sending a formal protest letter to the Procurement Director, which letter must be received n)
later than 5 calendar days after award by the City Commission. The Procurement Directc r
will notify the protester of the cost and time necessary for a written reply, and all c:>s1;
accruing to an award challenge shall be assumed by the protester. Any protests received aft( r
5 calendar days from contract award by the City Commission will not be considered, and th.~
basis or bases for said protest shall be deemed to have been waived by the protester.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and locallcw~,
ordinances, codes, and regulations that may in any way affect the services offered, includin .~
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Unifc>IT 1
Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer
will in no way relieve it from responsibility for compliance.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commis~ ion,
or untimely withdrawal of a proposal before such award is made and approved, may rcsu t
in forfeiture of that portion of any proposal surety required as liquidated damages to the Ci~ ';
where surety is not required, such failure may result in a claim for damages by the City and
may be grounds for removing the proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
All proposers must disclose with their proposal the name(s) of any officer, director, agen,
or immediate family member (spouse, parent, sibling, child) who is also an employee ofth~
City of Miami Beach. Further, all proposers must disclose the name of any City employe.~
who owns, either directly or indirectly, an interest of ten (10%) percent or more in th.~
proposer or any of its affiliates.
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examination;
necessary to ascertain all conditions and requirements affecting the full performance of th .:
contract. Ignorance of such conditions and requirements resulting from failure to make sue. 1
investigations and examinations will not relieve the successful proposer from any obligajo:l
to comply with every detail and with all provisions and requirements of the cont:ac:
documents, or will be accepted as a basis for any claim whatsoever for any monel ar: .
consideration on the part of the proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered tc b...
an independent contractor and that neither the proposer nor the proposer's employees :mL
agents shall, under any circumstances, be considered employees or agents of the City.
T. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a convic1ior
for public entity crimes may not submit a bid on a contract to provide any goods or service~
to a public entity, may not submit a bid on a contract with a public entity for the constructior
or repair of a public building or public work, may not submit bids on leases of real propfrt)
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 busines~
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convictec
vendor list.
RFP NO: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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SECTION II - SCOPE OF SERVICES
Pursuant to the mission of the City of Miami Beach Cultural Arts Council:
1. Promote the image of Miami Beach as a diverse and exc,iting cultural community, ar d
as an innovative force in the arts.
2. Build audiences for cultural events in Miami Beach (locaL regional, national, ar d
international) for individuals and arts organizations.
3. Promote the City's cultural arts groups through a marketing strategy focusing en
Miami Beach as a "cutting edge" cultural destination.
4, Establish a high-profile identifier for the Miami Beach Cultural Arts Council, mins
its logo and a slogan such as "Celebration of the Arts," "Artistic Vision," or othu
alternative by proposer.
Propose marketing projects incorporating 1-4 above, using three target annual bud~;et::
$50,000; $100,000; and $150,000.
Consider the following parameters while preparing a marketing plan:
Capitalize on the non-traditional image of Miami Beach, using bold and innovativ.~
concepts.
Consider collaborating with the private sector and the entertainment industr):
fashion, film, recording, and television.
Consider how the Council's future not-for-profit corporation, Miami Beach Friend;
of the Arts (MBF A), could benefit from your proposals. The MBF A will be 1
membership organization whose primary purpose will be to raise funds for th:
Council.
Include a quantifiable method to evaluate the success of your proposals.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as requi"ec.
Proposals which do not include all required documentation or are not submitted in the requin d
format, or which do not have the appropriate signatures on each doc1ol1l1ent, may be deemed to Ie
non-responsive. Non-responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures. A II
pages must be consecutively numbered and correspond to the table of contents,
2. Proposal Points to Address:
Proposer must respond to all minimum requirements listed below, and pro ,'ice
docwnentation which demonstrates ability to satisfy all of the minimum qualificatic n
requirements. Proposals which do not contain such documentation may be dee:nei
non-responsive.
3, Price Proposal
Proposer must include price which will be charged to the City.
3. AcknowledlZment of Addenda and Proposer Information forms (Section VIII)
4. Anv other document required by this RFP. such as a Questionnaire or ProPI)Sc!
Guaranty .
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
1. Firm's Experience:
Indicate the firm's number of years of experience in providing marketing services.
2. Project Manae:er's Experience:
Provide a comprehensive summary of the experience and qualifications of the individual;
who will be selected to serve as the project managers for the City. Individuals must haue.l
minimum of five years experience in marketing, and have served as project manager 0] 1
similar projects on a minimum of three previous occasions.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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3. Previous similar Projects:
A list of a minimum of five similar projects must be submitted. Information should incl ud .::
* Client Name, address, phone number.
* Description of work.
* Year the project was completed.
* Total cost of the project.
4. Qualifications of Project Team:
List the members of the project team. Provide a list of the personnel to be used on th s
project and their qualifications. A resume including education, experience, and any ether
pertinent information shall be included for each team member, including subcontractors, 1 J
be assigned to this project.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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SECTION IV - EV ALUATION/SELECTION PROCESS: CRITERIA FOR EV ALUATI(O~
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3, Opening and listing of all proposals received.
4. An Evaluation Committee comprised of the Miami Beach Cultural Arts Council's Marh:tir g
Committee shall meet to evaluate each proposal in accordance with the requirements of th s
RFP. If further information is desired, proposers may be requested to make additi)nd
written submissions or oral presentations to the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or propcsa s
acceptanc~ of which the Evaluation Committee deems to be in the best interest of the Cit: '.
The Evaluation Committee shall base its recommendations on the following factors
Firm's Experience
Project Manager's Experience
Previous Similar Projects
Qualifications of Project Team
Ability to Implement the
Proposed Plan
Creativity and Effective
use of Marketing Resources
Demonstrated Ability to
Provide Quantifiable Results
6. After considering the recommendation(s) of the Evaluation Committee, the City Man~.ge~~
shall recommend to the City Commission the proposal or proposals acceptance of which th .:
City Manager deems to be in the best interest of the City.
7, The City Commission shall consider the City Manager's recommendation( s) in light of th:
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, appr:w:
the City Manager's recommendation(s). The City Commission may reject City Managl.~r';
recommendation(s) and select another proposal or proposals. In any case, City Commissiol Il
shall select the proposal or proposals acceptance of which the City Commission deems to hi:
in the best interest of the City. The City Commission may also reject all proposals.
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CITY OF MIAMI BEACH
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8. Negotiations between the selected proposer and the City Manager take place to arrive at a
contract. If the City Commission has so directed, the City Manager may proceed to negotiae
a contract with a proposer other than the top-ranked proposer if the negotiations with the to: 1-
ranked proposer fail to produce a mutually acceptable contract within a reasonable peric,d Ilf
time.
9. A proposed contract or contracts are presented to the City Commission for approvd,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by tl e
City Commission, the Mayor and City Clerk sign the contract(s) after the selectf d
proposer(s) has (or have) done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree thalt no
property interest or legal right of any kind shall be created at any point during the aforeiai 1:1
evaluation/selection process until and unless a contract has been agreed to and signed by hot lit
parties.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultant" (Ir
assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any cr a 11
of its right, title, or interest therein, or its power to execute such contract to ar y
person, firm, or corporation without prior written consent of the City. A.r y
unauthorized assignment shall constitute a default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harrr.le~ s
the City of Miami Beach and its officers, employees, and agents, from and agLin:t
any and all actions, claims, liabilities, losses and expenses, including but not lirrite:l
to attorneys' fees, for personal, economic or bodily injury, wrongful death, lo~s ( f
or damage to property, in law or in equity, which may arise or be alleged to Ita, e
arisen from the negligent acts or omissions or other wrongful conduct of tie
successful proposer, its employees, or agents in connection with the performance ( f
service pursuant to the resultant Contract; the successful proposer shall pay all ~:UC!1
claims and losses and shall pay all such costs and judgments which may issue frOll
any lawsuit arising from such claims and losses, and shall pay all costs expended b y
the City in the defense of such claims and losses, including appeals.
C. TERMINATION FOR DEF AUL T
If through any cause within the reasonable control of the successful proposer, it ~ha I
fail to fulfill in a timely manner, or otherwise violate any of the covenmt:,
agreements, or stipulations material to the Agreement, the City shall thereupon ha\i .~
the right to terminate the services then remaining to be performed by giving writte 1
notice to the successful proposer of such termination which shall become effectiv.~
upon receipt by the successful proposer of the written termination notice.
In that event, the City shall compensate the successful proposer in accordance wit 1
the Agreement for all services performed by the proposer prior to termination, m:t (f
any costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful proposer shall not be relieved ofliabJit 1
to the City for damages sustained by the City by virtue of any breach of th.~
Agreement by the proposer, and the City may reasonably withhold payments to th.~
successful proposer for the purposes of set off until such time as the exact amour!t c f
damages due the City from the successful proposer is determined.
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DATE: 3/4/99
CITY OF MIAMI BEACH
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining t,) t e
performed at any time without cause by giving written.notice to successful proI=os .:r
of such termination, which shall become effective thirty (30) days following recei >t
by proposer of such notice. In that event, all finished or unfinished documents ar d
other materials shall be properly delivered to the City. If the Agreement s
terminated by the City as provided in this section, the City shall compensatE t1 e
successful proposer in accordance with the Agreement for all services actual. y
performed by the successful proposer and reasonable direct costs of succe~:st1Ll
proposer for assembling and delivering to City all documents. No compensaticn
shall be due to the successful proposer for any profits that the successful proposc:r
expected to earn on the balanced of the Agreement. Such payments shall be the i:Ottl
extent of the City's liability to the successful proposer upon a termination as providEd
for in this section.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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SECTION VI - SPECIAL TERMS AND CONDITIONS
None
SECTION VII - ATTACHMENTS
1. Cone of Silence, Ordinance No. 99-3164
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
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\
\
ORDINANCE NO. 99-3164
AN ORDINAt'fCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA ESTABLISHING A "CONE
OF SILENCE" FOR CITY COMPETITIVE
BIDDING PROCESSES, BY AMENDING
CHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI BEACH ENTITLED
'"ADMINISTRATION," BY AMENDING
ARTICLE VII THEREOF ENTITLED
"ST ANDARDS OF CONDUCT," BY CREATING
DIVISION 4 ENTITLED "PROCUREl\tIENT,"
BY CREATING SECTION 2-486 ENTITLED
"CONE OF SILENCE" BY PROVIDING FOR A
DEFINITION, PROCEDURES, AND
PENAL TIES; PROVIDING FOR REPEALER,
SEVERABILITY, INCLUSION IN THE CITY
CODE, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach are desirou~ of
adopting a "Cone of Silence" procedure to protect the professional integrity of the Citr's
competitive bidding process by shielding the City's professional staff; and
\VHEREAS, the policy proposed herein recognizes the importance of requiring perscns or
businesses who are part of the City's competitive processes to disclose all communications ....ith t le
City's professional staff; and
WHEREAS, communications between elected officials and the City's appointed staff during
a competitive bidding process should be in writing so that it becomes a part of the public record, at.d
WHEREAS, the proposed policy protects the rights of individuals to petition:h~ lr
government and their elected officials; and
WHEREAS, the policy proposed herein enhances the spirit of Florida's Government in tre'
Sunshine Law.
NOW. THEREFORE. BE IT ORDAINED BY THE MAYOR AND C rTY
COi\iIMIssro:\- Of THE CITY OF MIAMI BEACH:
SECTTON I. S~c(ion 2--/.26. of Division -/. of ::.1..rtick VII of Chapcc:[ .2 of che Miami BeJch :icv
Code i? n~reby cre:lC~d ru reJd as t;)1I0l.'iS:
Article nI. St:lndards of Conduct
*
.<
Division..l PiOc:remem
Sec. ~--/.~6. Cone of Silence
L
onrract5 tor the rovision of croods and serv'ices other thJn audit ,
PI: .;]'cc Sc~~ar fruvccMr Cc;,!cf"al :rrSrC) contracts.
W '"Cone of Silence" is hereby defined to mean a prohibition on: (au~
cOr.1munication re~ardin!! a particular Request for Proposal ("RFP"). ReQY!st
for Qualifications ("RFO") Request for letters of Interest ("RFU"). elL! id
bef\veen a potential vendor. service provider. bidder. lobbyist. ;r consult"nr
and the City's professional staff including. but not limited to. theJ:.1Y
Mana~er and his or her staff: and (b) an\- communication re~arding..2:
Particular RFP, RFO. RFU. or bid between the Mavor. City Comrnissiones.
or their respective staffs. and any member or the Citv's professional ~Jf
inc!udin~. but not limited to. the Citv Mana~er and his or her ~:taI.
Notwithstanding the fore!Zoin~. the Cone of Silence shall not ap,pJ!L.;fr-..
competitive processes for the award of CDBG. HOME. SHIF...u1d Sl[!g~
Funds administered bv the Miami Beach Office of Community Developmer6
and communications with the City Ar:tomev and his or her staff
:'ttt..~
ili.2 Procedure
ill A Cone of Silence shall be imposed upon each RFP. RFO. RFLL an,i
bid after the advertisement of said RFP. RFO, RFU. or bid. At th~
time of imoosition of the Cone of Silence. the CitV' Mana~er or his c:
her desi~nee shall provide for public notice of the Cone of Silence..
The Cit\( Mana!Zer shall include in anv oublic solicitation for ~ood i
and serv'ices a statement disc!osin~ the reauirements of :hi.:
ordinance.
@ The Cone of Silence shall terminate a) at the time the Citv lvrana~
makes his or her ..vritten recommendation as to selection 0 f ,
2
particulJr RFP, RFO, RFLL or hid to the City Commission: pfCIvi.kd
---..
ho"vever, tl1JC if the (it-; Cnmmission refers the l\fJr~~r's
recommend:uion hack to the (it\( ~f:1na,;er or "w.1f tor timher r~v'~
the Cone 11t' Silence shall he reimoosed until such time lirhe
:\.L1na~er mJh:es asuhsequent wrirren recnmmendJtion. or b) inthe
eVent or" COnfr:1cts tor less than S II).nonn/) "vhen the (it\( ~r::na~
c:\ecutes the conrr:lcr.
Ie) E\CeDtions. The nrn'!isions or-" this ordinJ.nce shall not J.rmlv to (ral
c,~r:municJtions at Dre-bid cl)nferenc~s. or::1I oresentations bet;)re ~~..~
e':aluJtion commirrees. contrJ.ct n';"",)(:..:ri,;nJ discussions durin,; :lnv dlb:
ilc'ticed oublic meetin~. oublic rJresenL1tions made to the (itv Cl')mmission::-s
durin~ Jnv dul'! noticed Dub/ic meeting. conrrJ.ct negotiations '.vith Cil:\i st Iff
t~)f!o\,l'/inq the J"vard ofan RFP. RFO. RFU. or bid hv the Cif\'" Commi~si(n.
i'r communicJrions in \vri[inQ J.[ anv time with :In'! Cirv e:-nplovee. official Jf
me:nber or" [he Citv Commission. unless soeci ficall\( Nohibited h" t~
aooiicable RFP. RFO. RFU. or bid documents The bidder or pr0cosersh:jl
tile J CODV of anv "'vTirren communications with the Cirl': Cler!..:. The Ci:;:
Cle,!..: shal! make copies aVJilable to an" oerson uoon request.
"'l
.-\udic ..:.~-: ~:-'srG ComrJcts,
La} "Cone of Silence" is hereby defined to mean a r;'rohibition on: (:1) ar;:
communicJtions re~ardin~ J oarricular RFP. RFO. RFU. or hid bet\ve~n .a
pore;'1[ial vendor. service provider. bidder. !obb"'ist. or consultant and th.~
0,[a\(or. Cit\. Commissioners or [heir resoecti"'e staffs. and any member orth~
([tv's Drofessional stJ.tfincludinq. bur not limited to the Citv Mana~er an I
his or her staff and (b) an'" oral communication re~arding a parricular RFF,
RF(). RFU. or bid bet\veen the ~favar. Citv Cammissione:-s ar t!lei:
respective staffs and an'" member of the Citv's professional staff including,
bur not [imired roo rhe Cirv' Manager and his or her staff ~'ot\vithstandingrhl..
forezoin!? the Cone of Silence shaH not applv to communications with thi
Citv A.rrome'l and his or her,staff
(b) Exce;;J[ as oravided in subsections 7(C) and 2(d) hereof. a Cone of Silence
shall be imposed upon each RFP. RFO. RFU. or bid for audit .:;;d rr~~
ser",ices after the advertisement of said RFP. RFO. RFU. or bid. A.t the time
or' the imoosition of the Cone of Sile:1ce. the Citv \lrana~er or his or her
des!'lnee shal! Drovide for the Dub/ic notice of the Cone of Silence. The Cone
of Silence sha!l terminate v.. he., :11.: C:r-: .\ rJ.I...~e. ~".:.::~t.::: J. ;:.:r::.::~l.:. '::'L:,~
01: ~~src .::"IL:,....C~ a) at the time the eiev Manager makes his ar her "'vT1t:t~n
recommendation as ro the selection of a particular RFP, RFO. RFU. or Cia
to the Ciev Commission: provided. however. thar if the Citv Commission
refers the Mana!?er's recommendation back to the Citv Mana~er or staff hr
h.lrther review. the Cone or'Silence "hall he reimposed until such time a; the
v(JJ1aqer makes a subsequent "vritten recommendation. or b) or in th,: event
of COntracts for less than $10.00000. when the City Manaqer execllte.: the
contract.
uJ \iIHhin<; COntained herein sh<111 [Jrohihit Jnv hidder or proposer: II t"om
mo.kin!.?' Dublic oresentJrions Jt dulv noticed pre-hid conferences or be'ore
duh noticed selection evaluation committee meerin~s: (ii) from enga~ti.n~ in
Contract :1c';6tiation3 discussions during :1Ov dulv noticed public meetirlg,;.'iii)
from enqaq:ing in contract neQ'otiations "vith Citv staff followin!5 the J\'iar I of
an RFP. RFO. RFLL or bid for audit bv the City Commission:or (iv) riQIIl
communic.:uinq: in writin<; \vith any (it\. em[llovee or or'ticial for ourpose: of
seeking clarification or Gdditional int()rmation from the City or resoc,ndng
w the (i['l."s reauest for clarific:uion or additional informacion. subiecr:o .:he
pn:\\'isions of the apolicable RfP. RFO. RfU. or bid documents. The )id jer
or oroooser shall tile a copv of any w'ritten communication with th(~ C .ini
Clerk. The Cin' Clerk shall make copies available to the ~eneral publie.1U on
request.
@ 0iothinq contained herein shall prohibit any lobbyist. bidder. prooos~r. QI
other nerson or entity from oublic!\' addressinq the CiN Commissi)n,'rs
durin!? Gn\' dul\' noticed oublic meeting regarding action on an\" audit .e-r
fE5f6. contract. The City Manager shall include in any public so!icitaticn 1.:)r
auditin~ 1)r IrSfB services a statement disclosin~ the requirements 0: ths
ordinance.
3. Violations/Penalties and Procedures. In j,dclitieft to the pCftaltic.3 prt}\'idcci if'! Sc'~n
~ A11 alIeged violarion of this Section ~ bv a particular bidder or oracos .~
shall subject said bidder or proposer to the same procedures set forth in Sect:or.:i
2-457 2 and 3). shall render any RFP award. RF award. RFLI award. or bid a'vaJQ
to said bidder or oroposer void:Wfe.. and said bidder or proposer shall not t.~
considered for anv RfP. RFO. RFLI or bid for a contract for the provision of gooe.~
or services for a period of one year. Anv oerson who violates a provision of th.;i
ordinance shall be orohibited from servin~ on a Citv compctiti-,.c Jc~..::;tion evaluatiol
committee. r IT addition to any other [lenaltv orovided bv law. violation of an.~
provision of this ordinance bv a (it'\' employee shan subiect said emp!ove:: t2
disciplinar\' action up to and includin~ dismissal. AdditionaIlv. any oerson who ha i
personal know[ed!?e ofa violation of this ordinance shall reoort such violation ta th:
Stare ArrameI,' Gnd/or mav tile a comolaim with the Miami-Dade Count\' Ethic:
Commission.
4
S€CTrON 2. REPEALER.
That all Ordinances or pam of Ordinances in connict herewith be and the same are lereby
repealed.
SECTrON 3. SEVER.-\B1LfTY.
[f any section. subsection. clause or provision of chis Ordinance is held invalid. the rem, inder
shall noc be affecced by such invalidity,
SECTION ~. co 0 rFlc.-\ TION.
[c is the intention of the Mavor and Cirl,( Commission ofche Cicv of Miami Be"cch.. and
'. .
it is hereby ordained that the provisions of this ordinance shall become and be made a part 0: the
Code of the City of Miami Beach. Florida. The sections of chis ordinance may be renumbered or
relettered to accomplish such intention. and the word "ordinance" may be changed to "secti m",
"article," or orher appropriate word,
SECTION ~. EFFECTIVE DATE.
This Ordinance shaLl take effect oathe 16r:h day of January
, 1999.
PASSED and ADOPTED chis 6r:h day of January
, 1999.
~( f~c0-
11
MAYOR
ATTEST:
CITY CLERK
~- - \ rnt. n '.s 11.U."'\'''C.:C,:fl''(.~c...-1'U
APPRO\-'ED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Isr: reading 12/16/98
2nd reading 1/6/99
)
#;~
Ci4y AHorn.ay
~J~9~
t)~~
SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
17
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and akl
proposals, to make awards on all items or any items according to the best interest of the C it) ,
and to waive any irregularities in the RFP or in the proposals received as a result of the RFF.
It is also understood and agreed by the proposer that by submitting a proposal, proposer shaHI
be deemed to understand and agree than no property interest or legal right of any kind shaj,:(
be created at any point during the aforesaid evaluation/selection process until and unleHs :,l
contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
18
REQUEST FOR PROPOSALS NO. (Number)
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part lor Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection wi'h
this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No, 4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of staff
Date
(Proposer - Name)
(Date)
(Signature)
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
19
DECLARATION
TO: Sergio Rodriguez
City Manager
City of Miami Beach, Florida
Submitted this
day of
,1998.
The undersigned, as proposer, declares that the only persons interested in this proposal are nameI
herein; that no other person has any interest in this proposal or in the Contract to which this prop)s(; 1
pertains; that this proposal is made without connection or arrangement with any other person; anI
that this proposal is in every respect fair and made in good faith, without collusion or fraud,
The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beac 1
docwnent for the purpose of establishing a formal contractual relationship between the proposer an 1
the City of Miami Beach, Florida, for the performance of all requirements to which the propl)sc l
pertains.
The proposer states that the proposal is based upon the documents identified by the followin.~
number: RFP No. (Number)
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
20
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Foreie:n Corooration:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
RFP NO.: 35-98/99
DATE: 3/4/99
QUESTIONNAIRE
CITY OF MIAMI BEACH
21
Ouestionnaire (continued)
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by proposer for a project similar to the propmed
project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify a'~ a
responsible bidder, refused to enter into a contract after an award has been made,
failed to complete a contract during the past five (5) years, or been declared to be in
default in any contract in the last 5 years?
If yes, please explain:
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
22
Ouestionnaire (continued)
4. Has the proposer or any of its principals ever been declared bankrupt or reorganb':ec'
under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deem ed
necessary.
5. Person or persons interested in this bid and' Qualification FOI"m
(have) (have not) been convicted by a Federal, State, County, or
Municipal Court of any violation of law, other than traffic violations. To includ~
stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the proposer and/or any of Its
principals:
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this proposal:
(If none, so state.)
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
23
8, Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships whlich
would constitute a conflict of interest, either actual or perceived, with any propost,r
and/or individuals and entities comprising or representing such proposer, and in an
attempt to ensure full and complete disclosure regarding this contract, all Proposl~r~
are required to disclose all persons and entities who may be involved with this Propm:al.
This list shall include public relation firms, lawyers and lobbyists. The Procurement
Division shall be notified in writing if any person or entity is added to this list after
receipt of proposals.
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
24
The proposer understands that information contained in this Questionnaire will be relied upon by tht C ty in
awarding the proposed Agreement and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish such additional information, prior to acceptance of any pro )Osal
relating to the qualifications of the proposer, as may be required by the City Manager.
The proposer further understands that the information contained in this questionnaire may be cOllfhmed
through a background investigation conducted by the Miami Beach Police Department. By submittin~ this
questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily Iimit~d to
fingerprinting and providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
Signature
(General Partner)
(Print Name)
(print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
Secretary
(CORPORA TE SEAL)
RFP NO.: 35-98/99
DATE: 3/4/99
CITY OF MIAMI BEACH
25
CITY OF MIAMI BEACH
:;ITY HALL 1700 CONVENTION CENTER DRIVE 'HilMI BEACH, FLORIDA 33139
lttp 1 I Ici. miami-beach, fI us
COMMISSION MEMORANDUM NO. I &,7. -~
TO:
Mayor Neisen O. Kasdin and
Members of the City Co mission
DATE: March 3, 199)
FROM: Sergio Rodriguez
City Manager
SUBJECT: A Resolution ayor and City Commission of the City of Miami Be~llcIJ,
Florida, Rejecting All Proposals Received, Pursuant to Request foe
Qualifications (RFQ) No. 22-98/99 for Marketing Professionals to Assist th~
Miami Beach Cultural Arts Council in Developing and Implementinl:~ ;1
Marketing Plan and, in the Alternative, Authorizing the Administration t, 'I
Issue a Request for Proposals (RFP) for Miami Beach Cultural Arts COUJ!lcil!
Marketing.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Miami Beach Cultural Arts Council (MBCAC) issued a Request for Qualifications 01..
December 22, 1998, with an opening date of January 11, 1999. Twelve (12) notices and eight (8 II
specifications were issued, resulting in the receipt of proposals from the following three (3) firns
Bridge House
Kelley Swofford Roy, Inc.
Vortex Communications *
*Vortex Communications failed to submit their proposal in compliance with the RFQ requirements
therefore, was considered non-responsive.
The purpose of the Request for Qualifications is for marketing professionals to assist the MBC <\C
in developing and implementing a marketing plan to promote the City's visual and performing art
groups and elevate awareness of Miami Beach as an important cultural center.
AGENDA ITEM
DATE
c.. ~ J\
3-3- '11 ~
RFQ No. 22-98/99
Page Two
March 3, 1999
BACKGROUND (continued)
The Miami Beach Cultural Arts Council supports the visual and performing arts of the communit {
primarily through grant awards, community outreach, and marketing. The marketing component: s
overseen by the Council's Marketing Committee, which is comprised of Council members an j
community advisers. The Committee is seeking expert advice in developing and implementing il
plan to make best use of the Council's marketing budget.
ANALYSIS
An Evaluation Committee, consisting of the following persons, met on January 21, 1999 to re" ie1 '"
the proposals and conduct interviews with the two (2) responsive proposers: Bridge House ani
Kelley Swofford Roy, Inc.
The Evaluation Committee members included:
Alvaro Fernandez, Cultural Arts Council Member, Committee Chair
Raquel Vallejo, Cultural Arts Council Member
Pauline Winick, Cultural Arts Council Member
Nancy Wolcott, Cultural Arts Council Member
Mark Arnold, New World Symphony, Marketing Director
Renny Tirador, A vanti Case-Hoyt, Creative Director
The proposals were evaluated based on the following criteria: Firm's Experience, Project Manager s
Experience, Previous Similar Projects and Qualifications of the Project Team.
The Committee unanimously recommends that, although both firms were qualified, it is in the
best interests of the City to reject the proposals received. Issuing a Request for Proposals wi.l
address the marketing goals of the Council outlined in the Cultural Arts Masterplan. These g:>a s
include development and implementation of a marketing plan that promotes the image of Mian i
Beach as a city-wide cultural district, builds audiences for cultural groups, and increases W Ie
awareness of Miami Beach as an innovative force in the arts. The RFQ did not address these iterr s
with any specificity.
In accordance with the terms of the RFQ, the City Manager has reviewed the Evaluatia 11
Committee's recommendation and concurs with its recommendation.
CONCLIISlON
The City Commission should adopt the Resolution to reject all proposals received and authoriz{ the
issuance of the attached Request for Proposals.
w~~
SR:RS~W:MR:CC