2000-23793 RESO
RESOLUTION NO. 2000-23793
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE ISSUANCE OF REQUEST FOR
PROPOSAL NO. 65-99/00 FOR GOVERNMENTAL
REPRESENT A TION AND CONSUL TING SERVICES IN
WASHINGTON, D.C.,FOR THE 200112002 AND 2002/2003
CONGRESSIONAL SESSIONS.
WHEREAS, the City must avail itself of all potential sources of funds; and
WHEREAS, Federal legislation may need to be enacted to protect and enhance the City's
interests; and
WHEREAS, the City's numerous Federal-level needs have been assessed and prioritized;
and
WHEREAS, on October 9, 1996, the Mayor and City Commission awarded a Legislative
Services Agreement to Jorden, Burt, Berenson, and Johnson LLP in response to Request For
Proposals No. 13-96/97; and
WHEREAS, the City is also desirous of obtaining lobbying and consulting services before
Federal agencies located in Washington, D.C. for the 2001/2002 and 2002/2003 Congressional
Sessions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Request for Proposal No.
65-99/00 be issued to solicit proposals for governmental representation and consulting services in
Washington, D.C. for the 2001/2002 and 200212003 Congressional Sessions.
PASSED and ADOPTED this
9th
day of February ,2000.
11ft
Mayor
ATTEST:
~J' rcyck
City Clerk
APPROVED AS TO
FORM & lA.NGU.AGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
COMMISSION MEMORANDUM NO. I ~ ,-0 b
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy JJV1..;
City Manager fI' .
DATE: February 9, 2000
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF
REQUEST FOR PROPOSAL NO. 65-99/00 FOR GOVERNMENTAL
REPRESENTATION AND CONSULTING SERVICES IN WASHINGTON,
D.C. FOR THE 2001/2002 AND 2002/2003 CONGRESSIONAL SESSIONS.
ADMINISTRATION RECOMMENDATION:
A1:lopt the Resolution.
ANALYSIS:
On November 8, 1996, the City issued Request for Proposals No. 13-96/97, in order to provide
governmental representation and consulting services in Washington, D.C. On December 19, 1996,
a Selection Committee comprised of the City Attorney, Deputy City Manager, and representatives
from the Office of the Mayor and City Commission, the Miami Bcach Chamber of Commerce, and
a citizen-at-Iarge from the City, convened to review all proposals submitted in response to the RFP,
with ten (l0) proposals evaluated for compliance with submission requirements, documentation of
qualifications, and experience and capability to provide the necessary services. At its regular
meeting on January 22,1997, the Mayor and City Commission accepted the recommendations of the
Selection Committee, finding the firm of Jorden, Burt, Berenson and Johnson LLP to be the top-
ranked proposer. The Administration and City Attorney's Office negotiated a Professional Services
Agreement with this firm to provide governmental representation and consulting services in
Washington, D.C. An accompanying agenda item recommends that this contract be extended for a
term of one year, ending on February 18,2001.
The Administration recommends that the City Commission issue the attached Request for Proposals.
LAL:~:Rtkc
Attachment
AGENDA ITEM
Rt12
2 -Cl-oo
DATE
CITY OF MIAMI BEACH
RFP NO. 65-99/00
REQUEST FOR PROPOSALS FOR
CONTRACT FOR PROVIDING GOVERNMENTAL REPRESENTATION AND
CONSULTING SERVICES IN WASHINGTON, D.C.
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN APRIL 17, 2000 AT 3:00 P.M.
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.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
I
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673-7490
SUNCOM: (305) 933-7490
FAX: (305) 673-7851
Sealed proposals will be received by the City of Miami Beach Procurement Director, 1700
Convention Center Drive, Miami Beach, Florida, 33139, unti13:00 p.m. on the 17th of April, 2000
for:
CITY OF MIAMI BEACH
RFP NO. 65-99/00
CONTRACT FOR PROVIDING GOVERNMENTAL REPRESENTATION AND
CONSULTING SERVICES IN WASHINGTON, D.C.
At time, date, and place above, proposals will be publicly opened. Any proposal received after time
and date specified will be returned to the proposer unopened.
Proposal documents may be obtained by faxing a request for RFP No. 65-99/00 to the Procurement
Division, facsimile number (305) 673-7851. Please include company name, address, telephone and
facsimile number with your request.
You are hereby advised that this RFQ is subject to the "Cone of Silence," in accordance with
Ordinance No. 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff. The
Ordinance does not apply to oral communications at pre-bid conferences, if held, oral presentations
before evaluation committees, contract discussions during any dwy noticed public meeting, public
presentations made to the City Commission during any duly noticed public meeting, contract
negotiations with the staff following the award of this RFQ by the City Commission, or
communications in writing at any time with any city employee, official, or member of the City
Commission unless specifically prohibited. A copy of all written communications must be filed with
the City Clerk. Violation of these provisions by any particwar bidder or proposer shall render this
RFQ award to said bidder or proposer void, and said bidder or respondent shall not be considered
for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of
one year.
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CITY OF MIAMI BEACH
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The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses;
re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities
in this RFQ or in the responses received as a result of this RFQ, as deemed to be in the best interest
of the City.
CITY OF MIAMI BEACH
~Q(2v-
Michael A. Rath, CPPB
Procurement Director
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
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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. ATTACHMENTS
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City of Miami Beach desires proposals from qualified firms or individuals (hereinafter
"Proposers") interested in providing consulting and lobbying services on the City's behalf,
and in representing the City before all federal agencies in Washington, D.C.
The resulting Contract shall remain in effect for a period of two (2) years and may be
extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by
both parties.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
February 12, 2000
Deadline for receipt of questions
April 6, 2000
Deadline for receipt of proposals
April 17, 2000 at 3:00 p.nt.
Evaluation committee meeting
Week of May 23, 2000
Commission approval and authorization
of negotiations
June 21, 2000
Contract negotiations
June 22 to July 20, 2000
Projected award date
July 26, 2000
Projected contract start date
February 18,2001
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by April 17, 2000 at
3:00 p.nt. and will be opened on that day at that time. The original and all copies must be
submitted to the Procurement Division in a sealed envelope or container stating on the
outside the proposer's name, address, telephone number, RFP number and title, and proposal
due date.
The responsibility for submitting a response to this RFP to the Procurement Division on or
before the stated time and date will be solely and strictly that of the proposer. The City will
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 will
not be accepted and will not be considered.
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CITY OF MIAMI BEACH
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D. PRE-PROPOSAL CONFERENCE
None scheduled.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
Requests for additional information or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFQ timetable. In order to
expedite the receipt of questions and the issuance of clarification addenda, the respondent
may submit questions via facsimile at (305) 673-7851.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the RFQ.
Respondents should not rely on representations, statements, or explanations other than
those made in this RFQ or in any addendum to this RFQ. Respondents are required to
acknowledge the number of addenda received as part of their responses. The respondent
should verify with the Procurement Division prior to submitting a response that all
addenda have been received.
F. RESPONSE GUARANTY
None required.
G. MODIFICATION/WITHDRA W ALS OF SUBMITTALS
A respondent may submit a modified response to replace all or any portion of a
previously submitted response up until the RFQ due date and time. Modifications
received after the RFQ due date and time will not be considered.
Responses shall be irrevocable until contract award unless withdrawn in writing prior to
the RFQ due date or after the expiration of one-hundred twenty( 120) days from the
opening of responses. Letters of withdrawal received after the RFQ due date and before
said expiration date, and letters of withdrawal received after contract award will not be
considered.
H. RFQ POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or
waive any irregularities in this RFQ or in the responses received as a result of this RFQ,
as deemed to be in the best interest of the City.
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CITY OF MIAMI BEACH
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I. COST INCURRED BY RESPONDENTS
All expenses involved with the preparation and submission of responses to the City, or
any work performed in connection therewith, shall be the sole responsibility ofthe
respondent and shall not be reimbursed by the City.
.l. VENDOR APPLICATION
Respondents should register with the City of Miami Beach Procurement Division; this
will facilitate receipt of future notices of solicitations when they are issued. Respondents
may contact the Procurement Division at (305) 673-7490 to request an application.
Registration requires that a business entity complete a vendor application. 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 respondent to inform the City concerning any changes, such
as new address, telephone number, and commodities or services which can be provided.
K. EXCEPTIONS TO RFQ
Respondents must clearly indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what alternative is being offered. The City, after completing
evaluations, at its sole and absolute discretion, may accept or reject the exceptions. In
cases in which exceptions are rejected, the City may require the respondent to furnish the
services originally described herein, or negotiate an alternative acceptable to the City.
L. SUNSHINE LAW
Respondents are hereby notified that all information submitted as part of a response to
this RFQ will be available for public inspection after opening of responses, in compliance
with Chapter 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,
or may require respondents to give oral presentations based on their submittals. The City
reserves the right to enter into negotiations with the selected respondent, and if the City
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CITY OF MIAMI BEACH
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and the selected respondent cannot negotiate a mutually acceptable contract, the City may
terminate the negotiations and begin negotiations with the next selected respondent. This
process may continue until a contract whether expressed or implied, has been executed or
all responses have been rejected. No respondent shall have any rights in the subject
project or property or against the City arising from such negotiations.
N. PROTEST PROCEDURE
Respondents that are not selected may protest any recommendations for award by sending
a formal protest letter to the Procurement Director, which letter must be received no later
than five (5) calendar days after award by the City Commission. The Procurement
Director will notify the respondent of the cost and time necessary for a written reply, and
all costs accruing to an award challenge shall be assumed by the protester. Any protests
received after five (5) calendar days from contract award by the City Commission will not
be considered, and the basis or bases for said protest shall be deemed to have been waived
by the respondent.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Respondents are expected to be or become familiar with and comply with all Federal,
State and local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all other EEO regulations and guidelines.
Ignorance on the part of the respondent will in no way relieve it from responsibility for
compliance.
P. DEFAULT
Failure or refusal of a respondent to execute a contract upon award by the City
Commission, or improper withdrawal of a response before such award is made and
approved, may result in forfeiture of that portion of any surety required as liquidated
damages to the City; where surety is not required, such failure may result in a claim for
damages by the City and may be grounds for removing the respondent from the City's
vendor list.
Q. CONFLICT OF INTEREST
All respondents must disclose with their response the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, child) who is also an
employee of the City of Miami Beach. Further, all respondents must disclose the name of
any City employee who owns, either directly or indirectly, an interest often (10%)
percent or more in the respondent or any of its affiliates.
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R. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All respondents are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Respondents shall ensure that all City of
Miami Beach Lobbyist laws are complied with, and shall be subject to any and all
sanctions, as prescribed herein, in addition to disqualification of their proposals, in the
event of such non-compliance.
S. RESPONDENT'S RESPONSIBILITY
Before submitting a response, each respondent shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the full
performance of the contract. Ignorance of such conditions and requirements resulting
from failure to make such investigations and examinations will not relieve the successful
respondent from any obligation to comply with every detail and with all provisions and
requirements of the contract documents, nor will it be accepted as a basis for any claim
whatsoever for any monetary consideration on the part of the respondent.
T. RELATION OF CITY
It is the intent of the parties hereto that the successful respondent be legally considered as
an independent contractor and that neither the respondent nor the respondent's employees
and agents shall, under any circumstances, be considered employees or agents of the City.
U. 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 a 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 of36 months from the date
of being placed on the convicted vendor list.
v. CONE OF SILENCE
You are hereby advised that this RFQ is subject to the "Cone of Silence," in accordance
with Ordinance No. 99-3164. From the time of advertising until the City Manager issues
his recommendation, there is a prohibition on communication with the City's professional
staff. The Ordinance does not apply to oral communications at pre-bid conferences, if
held, oral presentations before evaluation committees, contract discussions during any
duly noticed public meeting, public presentations made to the City Commission during
any duly noticed public meeting, contract negotiations with the staff following the award
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DATE: 2/10/00
CITY OF MIAMI BEACH
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of this RFQ by the City Commission, or communications in writing at any time with any
city employee, official, or member of the City Commission unless specifically prohibited.
A copy of all written communications must be filed with the City Clerk. Violation of
these provisions by any particular bidder or proposer shall render this RFQ award to said
bidder or proposer void, and said bidder or respondent shall not be considered for any
RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period
of one year.
RFP NO.: 65-99/00
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CITY OF MIAMI BEACH
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SECTION II - SCOPE OF SERVICES
The City of Miami Beach desires proposals from qualified firms or interested in providing consulting
and lobbying services on the City's behalf, and in representing the City before all federal agencies
in Washington, D.C. 'reference willbegiventO finnsbavinganoftice in Washington D.C.
The services to be provided shall require the firm to:
Confer with the Mayor, City Commission, City Manager, City Attorney and other City
personnel on all organizational planning and program activities which have a bearing on
the ability of the City to make the best use of federal programs;
Meet with the Mayor, City Commission, and City Manager or his designee(s) periodically
at mutually agreed upon times;
Maintain liaison with the City's Congressional delegation and assist with the delegation in
any matter which the City determines to be in its best interest;
Counsel with the City regarding appearances by City personnel before Congressional
Committees and Federal Administrative agencies;
Identify and notify the City in advance of opportunities such as grant opportunities and
funding availability for transportation, community and economic development,
environmental matters, beach renourishment, infrastructure improvement, hurricane
recovery efforts, housing and urb(ln development, homeless programs, intermodal
programs and any other areas of interest to the City;
Assist the City in the review of federal executive proposals, legislation under
consideration, proposed and adopted administrative rules and regulations, and other
federal developments for the purpose of advising the City of those items which may have
a significant bearing on City policies, funding, and programs;
Establish and maintain working relationships with the executive and legislative branches
of the federal government that will enhance the City's position with respect to financial
assistance applications, regulatory procedures, legislation, budget authorizations and
appropriations, and other areas of interest to the City;
Consult with the City regarding any proposed formula changes in the Community
Development Block Grant or other major federal programs to determine their impact on
the City, and take the necessary steps as mutually agreed upon to bring changes in the
best interest of the City;
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Upon request of the City, assist the City in any matter related to the Executive Branch of
the State of Florida;
Represent the City at Washington, D.C. area conferences or meetings as requested;
Submit a monthly report to the City's legislative oversight committee to provide the latest
information on issues of interest to the City, and submit an annual report of
accomplishments concerning the Consultant's responsibilities;
Assist in implementing the City's federal legislative agenda.
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SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as required.
Proposals which do not include all required documentation or are not submitted in the required
format, or which do not have the appropriate signatures on each document, may be deemed to be
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. All
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 provide
docwnentation, which demonstrates ability to satisfy all of the minimum qualification
requirements. Proposals which do not contain such documentation may be deemed
non-responsIve.
3. Price Proposal
Proposer must include price which will be charged to the City.
3. Acknowledgment of Addenda and Proposer Infonnation fonns (Section VIII)
4. Any other document required by this RFP. such as a Ouestionnaire or Proposal
Guaranty .
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
1. Organization Staffing and Disclosure:
Describe the Proposer's organization, history and background, tax
status, principals, owners, board of directors and/or board of trustees,
al1d number of professionals employed, by classification;
State number of partners, managers, supervisors, seniors and other
professional staff employed at the office from which the work is to be
performed;
Include a description of how the Proposer proposes to staff this
engagement, and include the name of the principal, the names of
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those members of the firm designated to assist in the various areas of
required expertise, and the qualifications and experience of the
individuals in those areas. If a particular person will be designated as
a main contact for the City, identify that person;
State whether the Proposer is local, regional, or national, and state the
firm's primary location;
Give location of the office from which work is to be performed;
2. Experience and Ability:
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Describe the lobbying and consulting experience of the Proposer;
include resumes for the principal supervisory personnel who will be
assigned to this engagement and describe their relevant experience in
the past three years in providing similar services;
Describe the Proposer's management capacity and system for
coordinating the services to be provided;
List any specific abilities related to performing the above-described
servIces;
Describe the Proposer's approach to representing the City of Miami
Beach in Washington, D.C.;
Describe how the Proposer plans to establish and maintain working
relationships with the executive and legislative branches of U.S.
Government in order to enhance the City's position with respect to
financial assistance, applications, regulatory procedures, legislation,
and budgetary authorizations and appropriations;
Describe how the Proposer researches and coordinates information;
Provide the City with a list of other individuals, municipalities,
associations, or organizations who have retained the Proposer for the
purposes of representation in Washington, D.C., and indicate how
long the relationship has existed.
CITY OF MIAMI BEACH
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3. Past Performance:
Provide the Proposer's most recent and/or current experience in
performing these services;
List the five (5) most significant accomplishments related to these
services performed in the past three (3) years; summarize scope of
services, term of service, engagement partners, and the name and
telephone number of the principal client contact;
Provide samples of past reports, informational materials, and written
correspondence;
Provide details of any lawsuits, indictments, or investigations
involving the Proposer or any of its principals.
4. Fee Proposal:
Each proposal submitted shall include the pricing sheet (page 7)
listing the bid amount for the Proposer to provide legislative lobbying
and consulting services for a period of one year. The proposed fees
shall be based on the following criteria:
Proposed fees for legislative lobbying and consulting services shall
not exceed an aggregate amount of $90,000 for a one-year period;
Any services which would be subject to additional charges must be
described;
Expenses such as pre-approved travel, and incidentals and other costs
associated with performing services shall not exceed an aggregate
amount of $5,000 for a one-year period. (Airfare shall be the most
economical rates available at the time; hotel and meal expenses shall
be in accordance with Runzheimer's rates; expenses shall be prorated
according to percentage of representation for City of Miami Beach in
relation to other clients);
Out-of-pocket expenses will be reimbursed up to an aggregate
amount not to exceed $3,000 for a one-year period after providing to
the City, along with invoices for payment, written monthly progress
reports detailing the services that have been rendered under the
contract;
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RFP NO.: 65-99/00
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All fees and payments will be made on a montWy basis upon receipt
of bills and a detailed report of the Consultant's activities on the
City's behalf.
CITY OF MIAMI BEACH
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SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
I. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the following factors:
a. Personal and professional background and history of Proposer's principals and
personnel;
b. _uperience and qualifications of the Proposer;
c. Experience in providing legislative lobbying services, especially for local governments
in Washington, D.C.;
d. Qualifications and accomplishments of the personnel who would be assigned to work
with the City;
e. Proposalfees;
f. References and degree of satisfaction of present and former clients.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission, in rank order, the proposal or proposals which the
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 the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
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recommendation(s) and select another proposal or proposals. In any case, City Commission
shall select the proposal or proposals acceptance of which the City Commission deems to be
in the best interest of the City. The City Commission may also reject all proposals.
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 negotiate
a contract with a proposer other than the top-ranked proposer if the negotiations with the top-
ranked proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the City
Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has
(or have) done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
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SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants, or
assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all
of its right, title, or interest therein, or its power to execute such contract to any
person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute a default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harmless
the City of Miami Beach and its officers, employees, and agents, from and against
any and all actions, claims, liabilities, losses and expenses, including but not limited
to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or
damage to property, in law or in equity, which may arise or be alleged to have arisen
from the negligent acts or omissions or other wrongful conduct of the successful
proposer, its employees, or agents in connection with the performance of service
pursuant to the resultant Contract; the successful proposer shall pay all such claims
and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs expended by 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 shall
fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon have
the right to terminate the services then remaining to be performed by giving written
notice to the successful proposer of such termination which shall become effective
upon receipt by the successful proposer of the written termination notice.
In that event, the City shall compensate the successful proposer in accordance with
the Agreement for all services performed by the proposer prior to termination, net of
any costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful proposer shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the
Agreement by the proposer, and the City may reasonably withhold payments to the
successful proposer for the purposes of set off until such time as the exact amount of
damages due the City from the successful proposer is determined.
RFP NO.: 65-99/00
DATE: 2110/00
CITY OF MIAMI BEACH
19
D. TERMINA TION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful proposer
of such termination, which shall become effective thirty (30) days following receipt
by proposer of such notice. In that event, all finished or unfinished documents and
other materials shall be properly delivered to the City. If the Agreement is terminated
by the City as provided in this section, the City shall compensate the successful
proposer in accordance with the Agreement for all services actually perfonned by the
successful proposer and reasonable direct costs of successful proposer for assembling
and delivering to City all documents. No compensation shall be due to the successful
proposer for any profits that the successful proposer expected to earn on the balanced
of the Agreement. Such payments shall be the total extent of the City's liability to the
successful proposer upon a termination as provided for in this section.
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
20
SECTION VI - SPECIAL TERMS AND CONDITIONS
INSURANCE REQUIREMENTS
Where the specifications include insurance requirements, it should be noted by the Proposer that
in order to meet the City's requirements, there may be additional insurance costs to the Proposer.
It is, therefore, imperative that the Proposer discusses these requirements with its agent so that
allowance can be made for any additional costs in the basic estimated fee.
The Proposer must carry in full force throughout the duration of the proposed engagement:
I. The Proposer shall provide a certificate of insurance of professional liability (errors and
omissions) for a minimum of$I,OOO,OOO per occurrence.
2. General liability in the amount of $1 ,000,000 per occurrence for bodily injury and
property damage (to include contractual products and completed operations). The City of
Miami Beach must be named as an additional insured on this policy.
3. Workers Compensation & Employers liability as required per Florida Statutes.
4. Thirty (30) days' written notice of cancellation or substantial modification in insurance
coverage must be given to the City by the Proposer and its insurance company.
5. The insurance must be furnished by insurance companies authorized to do business in the
State of Florida and Washington, D.C. area and approved by the City's Risk Management
Department. The insurance company must be rated by A.M. Best Company with a B+ VI
or better rating.
6. Original certificates of insurance for the above coverage must be submitted to the City's
Risk Manager for approval prior to any work commencing. These certificates will be
kept on file in the Risk Management Department, at City Hall.
7. The Proposer is responsible for obtaining and submitting all insurance certificates for any
consultants.
RFP NO.: 65-99/00
DATE: 2/10100
CITY OF MIAMI BEACH
21
SECTION VII - A TT ACHMENTS
1. Cone of Silence, Ordinance No. 99-3164
2. Miami Beach Lobbyist Ordinance No. 92-2785
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
22
ORDINANCE NO. 99-3164
AN ORDINANCE 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
"STANDARDS OF CONDUCT," BY CREATING
DIVISION 4 ENTITLED "PROCUREMENT,"
BY CREATING SECTION 2-486 ENTITLED
"CONE OF SILENCE" BY PROVIDING FOR A
DEFINITION, PROCEDURES, AND
PENALTIES; 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 desirous of
adopting a "Cone of Silence" procedure to protect the professional integrity of the City's
competitive bidding process by shielding the City's professional staff; and
WHEREAS, the policy proposed herein recognizes the importance of requiring persons or
businesses who are part of the City's competitive processes to disclose all communications with the
City's professional staff; and
WHEREAS, communications between elected officials and the City's appointed stafTduring
a competitive bidding process should be in writing so that it becomes a part of the public record; and
WHEREAS, the proposed policy protects the rights of individuals to petition their
government and their elected officials; and
WHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the
Sunshine Law.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City
Code is hereby creared to read as follows:
Article VII. Standards of Conduct
'"
'"
'"
Division 4. Procurement
Sec. 2-486. Cone of Silence
1. Contracts for the provision of goods and services other than audit M8 Intk~e;l'lcle:nt
Private Se:Ct6f Ing~cctof General rIPSIC) contracts.
UU "Cone of Silence" is hereby defined to mean a prohibition on: (a) any
communication regardin~ a particular Request for Proposal ("RFP"), Request
for Oualifications ("RFO"), Request for Letters ofInterest ("RFLI"), or bid
between a potential vendor. service provider. bidder. lobbvist. or consultant
and the Citv's professional staff includini. but not limited to. the City
Manager and his or her staff: and (b) any communication re~ardin~ a
particular RFP. RFO. RFLI. or bid between the Mayor. City Commissioners.
or their respective staffs. and anv member of the City's professional staff
including. but not limited to. the City Manager and his or her staff.
Notwithstandin~ the fore~oing. the Cone of Silence shall not apply to
competitive processes for the award of CDBG. HOME. SHIP and Surtax
Funds administered bv the Miami Beach Office of Communitv Development.
and communications with the City Attornev and his or her staff.
au Procedure
!.D A Cone of Silence shall be imposed upon each RFP. RFO. RFLI. and
bid after the advertisement of said RFP RFO. RFLI or bid. At the
time of imposition of the Cone of Silence. the City Manager or his or
her designee shall provide for public notice of the Cone of Silence.
The City Mana~er shall include in any public solicitation for goods
and services a statement disclosing the requirements of this
ordinance.
(ill The Cone of Silence shall terminate a) at the time the City Manager
makes his or her written recommendation as to selection of a
2
particular RFP. RFO. RFLI. or bid to :he City Commission: provided.
however. that if the Cit\( Comr.1ission refers the Mana\.?er's
recommendation back to the City M::.r:ager or staff for further review.
the Cone of Silence shall be reir.1posed until such time as the
Manager makes a subsequent written recommendation. or b) in the
event of contracts for less than $10.000.00. when the City Manager
executes the contract.
ill Exceptions. The provisions of this ordinance shall not applv to oral
communications at pre-bid conferences. oral presentations before :lclcetion
evaluation committees. contract ne~otiatio;,:! discussions during any duly
noticed public meeting. public presentations made to the City Commissioners
during any dulv noticed public meeting. contract negotiations with City staff
following the award of an RFP. RFO. RFLI. or bid bv the City Commission.
or communications in writing at anv time with any Citv emplovee. official or
member of the City Commission. unless specificallv prohibited bv the
applicable RFP. RFO. RFLI. or bid documents. The bidder or proposer shall
tile a COPy of any written communications with the City Clerk. The City
Clerk shall make copies available to any per.;on upon request.
2.... Audit !l:l'h:l. rrSIG Contracts.
@} "Cone of Silence" is hereby defined to mean a prohibition on: (a) any
communications regarding a particular RFP. RFO. RFLI. or bid between a
potential vendor. service provider. bidder. lobbvist. or consultant and the
Mavor. City Commissioners or their rest'ective staffs. and anv member of the
City's professional staff including. but not limited to the City Manager and
his or her staff. and (b) any oral communication regardin~ a particular RFP.
RFO. RFLI. or bid between the Mavor. City Commissioners or their
respective staffs and anv member of the City's professional staff including.
but not limited to. the City Mana~er and his or her staff. Notwithstanding the
fore~oing. the Cone of Silence shall not apply to communications with the
City Attorney and his or her staff.
ilil Except as provided in subsections 2(c) and 2(d) hereof. a Cone of Silence
shall be imposed upon each RFP. RFO. RFLI or bid for audit ana rpSTG
services after the advertisement of said RFP. RFO. RFLI. or bid. At the time
of the imposition of the Cone of Silence. the Cit'll Manager or his ~r h~r
designee shall provide for the public notice of the Cone of Silence. The Cone
of Silence shall terminate whc;'\ tl., Cit'r' M.:'l:I'lC~:r excctlte;,3 Ii particl:llw B.l:Idit
eJr IrSIG centr!!.ct a) at the time the City Manager makes his or her writte~
recommendation as to the selection of a particular RFP. RFO. RFLI. or bid
to the City Commission: provided. however. that if the City Commission
refers the Manager's recommendation back to the City Manager or staffio~
3
further review. the Cone of Silence shall be reimposed until such time as the
Manager makes a subsequent written recommendation. or b) or in the event
of contracts for less than $10.000.00. when the City Manager executes the
contract.
W Nothing contained herein shall prohibit anv bidder or proposer: (i) from
makin~ public presentations at duly noticed pre-bid conferences or hefore
dulv noticed 3dcction evaluation committee meetings: (ii) from engaging in
contract l'lcgotif:tion3 discussions during any duly noticed public meeting: (iii)
from enga~g in contract neiotiations with City staff followin~ the award of
an RFP. RFO. RFLI. or bid for audit by the City Commission:or (iv) from
communicating in writing with any City employee or official for pur:poses of
seeking clarification or additional infonnation from the City or responding
to the City's request for clarification or additional infonnation. subiect to the
provisions of the applicable RFP. RFO. RFLI. or bid documents. The bidder
or proposer shall file a COPy of anv written communication with the Citv
Clerk. The City Clerk shall make copies ayailable to the ~eneral public upon
request.
uu Nothing contained herein shall prohibit any lobbyist. bidder. proposer. or
other person or entity from publiclv addressing the City Commissioners
durin~ any duly noticed public meeting regarding action on any audit 61'
fP5t6 contract. The City Manager shall include in any public solicitation for
auditing elf IPSIC services a statement disclosing the requirements of this
ordinance.
~ ViolationslPenalties and Procedures. In addition t5 the pcnaltic3 ~ro'. ided in Section
~ An alleged violation of this Section ~ bv a particular bidder or proposer
shall subiect said bidder or' proposer to the same"proceduresset.forlhfn Sections
2-457(2) and (3), shall render any RFP award. RFO award. RFLI award. or bid award
to said bidder or proposer void~_ and said bidder' or proposer shall not be
considered for any RFP. RFO. RFLI or bid for a contract for the provision of ~oods
or services for a period of one Year. Anv person who violates a provision of this
ordinance shall be prohibited from serving on a City eompctiti. e; 3c\cction evaluation
committee. In addition to any other penalty provided bv law. violation of any
provision of this ordinance by a City employee shall subiect said employee to
disciplinary action up to and includin~ dismissal. Additionally. any person who has
personal knowledge of a violation of this ordinance shall report such violation to the
State Attorney and/or may file a complaint with the Miami-Dade County Ethics
Commission.
4
SECTION 2. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
I f any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section".
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 16th day of January
,1999.
PASSED and ADOPTED this 6th day of January
, 1999.
ATTEST:
~{ Pcu&--
11
MAYOR
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
..'''n'.r..IIiI...................UI:'llo....,.w,..
1st reading 12/16/98
2nd reading 1/6/99
5
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ORDINANCE NO.
92-2785
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 92-2777
WHICH ESTABLISHED LOBBYIST REGISTRATION STANDARDS FOR THE
CITY OF MIAMI BEACH, BY EXEMPTING FROM THB REQUIREMENTS
OF REGISTRATION ALL NOT-FOR PROFIT AND CERTAIN OTHER
REPRESENTATIVES' EXEMPTING PRINCIPALS AND TREIR
ATTORNEYS, AGENTS, EMPLOYEER AND ALL OTHERS RETAINED IN
CONNECTION WITH PROCEEDINGS CONCERNING CODE VIOLATIONS OR
OTHER "QUASI-CRIMINAL" HEARINGS, PROVIDING FOR INCREASED
REGISTRATION FEES' PROVIDING FOR REPEALER, PROVIDING FOR
SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATB.
WHEREAS, on March 4, 1992, the City of Miami Beach adopted a
lobbying registration ordinance which requires lobbyists, as
defined therein, to register and pay a registration fee for such
activity; and
WHEREAS, there are certain proceedings, such as Code
Enforcement,
Special Master,
Unsafe Structure!3 Board and
Administrative hearings which compel an individual t s attendance and
as such, require individuals to come within the prescriptions of
the registration ordinance; and
WHEREAS, in addition to experience showing that certain
exemptions should be made regarding registration, the City Clerk
has determined that the fees currently assessed cannot pay tor a\l
administrative time expended to ensure compliance with this law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMHISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That the following definitional section of Ordinance
92-2777 is amended as follows:
(a) The term "commissioners" shall refer to the Mayor and
members of the City Commission.
(b) The term "autonomous personnel" shall include but not be
limited to the members of the Housing Authority, Personnel Board,
Pension Boards, and such other autonomous or semi-autonomous
authorities, boards and agencies as are entrusted with the day-to-
day policy setting, operation and management of certain defined
functions or areas of responsibility.
(c) The term "quasi-judicial personnel" shall refer to the
members of the Planning Board, the Board of Adjustment and such
other boards and agencies of the City that perform such quasi-
judicial functions. The Code Enforcement Board. Nuisance Abatement
Board. Special Master lIearinQs and Administrative liearinQs shall
not be included for purposes of this Ordinance.
(d) The term "advisory personnel" shall refer to the members
of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the
City Commissioners.
(e) The term "departmental personnel" shall refer to the City
Hanager, all Assistant City Managers, all department heads, the
City Attorney, Chief Deputy City Attorney and all Assistant City
Attorneys, provided however. that all departmental Dersonnel when
actinQ in connection with Administrative HearinQs shall not be
included for purposes of this Ordinance.
SECTION 2.
The term "lobbyist" means all persons, firms, or corporations
employed or retained, whether paid or not, by a principal who seeks
to encourage the passage, defeat, or modification(s) of any (1)
ordinance, resolution, action or decision of any Commissioner: (2)
any action, decision, recommendation of any city board o~
committee; or (J) any action, decision or recommendation of any
personnel defined in any manner above, during the time period of
the entire decision-making process on such action, decision or
recommendation which foreseeably will be heard or reviewed by the
City Commission, or a city board or committee. "Lobbyi.t",.a
defined above, specifically includes the principal, as described
above, as well as any agent, attorney, officer or employee ot a
principal, regardless of whether such lobbying !lctivities fall
within the normal scope of employment of such agent, attorney,
officer or employee.
SECTION 3. That Section J of Ordinance No. 92-2777 is amended
as follows:
All lobbyists shall, before engaging in any lobbying
activities, register with the City Clerk. Every person required to
so register shall (a) register on forms prepared by the clerk, (b)
2
pay a registration fee of twenty-five dollars and (c) state under
oath his or her name, business address, the name and business
address of each person or entity which has employed said registrant
to lobby, the Commissioner or personnel sought to be lobbied and
the specific issue on which he or she has been employed to lobby.
Any change to any information originally filed, or any additional
City commissioner or personnel who are also sought to be lobbied
shall require that the lobbyist file an amendment to the
registration forms, although no additional fee shall be required
for such amendment (s) .
The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period
for which the lobbying occurs.
If the lobbyist represents a
corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the
foregoing, the lobbyist shall also identify all persons holding,
directly or indirectly, a five percent (5\) or more ownership
interest in such corporation, partnership, or trust. Separate
registration shall be required for each principal represented on
each specific issue. Such issue shall be described with as much
detail as is practical, including but not limited to a specific
description where applicable of a pending request for a proposal,
invitation to bid, or public hearing number. The City Clerk shall
reject any registration statement which does not provide a
description of the specific issue on which such lobbyist has been
employed to lobby. Each person who withdraws as a lobbyist for a
partiCUlar client shall file an appropriate notice of withdrawal.
..
In addition to the reaistration fee reauired above. reaistration of
all lobbvists shall be reauired Drior to October 1st of everv even
numbered vear and the fee for biennial reaistration shall be one
hundred twentv-five dollars CS125.00l. Initiallv. all lobbvists
shall reaister on or before October 1. 1992. In addition to the
matters addressed above, every registrant shall be required \.0
state the extent of any business, financial, familial, or
professional relationship, or other relationShip which gives rise
to an appearance of an impropriety, with any cur~ent City
commissioner or personnel defined above who is sought to be lobbied
as identified on the lobbyist registration form filed. The
3
registration fees required by this subsection shall be deposited by
the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions hereof.
There shall be no fee required for filing a notice of withdrawal
and the City Manager shall waive the registration fee upon a
finding of financial hardship, based upon a sworn statement of the
applicant. Any person who only appears as a representative of a
not for profit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local
Chamber of Commerce or a trade association or trade union), without
special compensation or reimbursement for the appearance, whether
direct, indirect or contingent, to express support of or opposition
to any
item, shall not be reauired to register with the clerk as required
by this subsection~~pe~ucst, shall net-be-pequired te pay
a~i~a~~es. Copies of registration forms shall be
furnished to each Commissioner or other personnel named on the
forms.
SECTION 4.
as follows:
Any public officer, employee or appointee or anv Derson or
entity in contractual Drivitv with the City who only appears in his
or her official capacity shall not be required to register as a
lObbyist.
SECTION 5. That Section 5 of Ordinance No. 92-2777 is amended
as follows:
That Section 4 of Ordinance No. 92-2777 is amended
Any person who only appears in his or her individual capacity
at a DubUc hearina before the Citv Commission. Plannina Board.
Board of Adiustment or other Board or Committee and has no other
communication with the Dersonnel defined in Section 1 above. for
the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express
support of or opposition to any item, shall not be required to
register as a lobbyist, includina but not limited to those who are
members of homeowner or neiahborhood associations. All sneakers
shall. however. sian-uc on forms available at the Dublic hearina.
Additionallv. any cerson reauested to acpeQr before any City
4
oersonnel. board or commission. or any oerson comoelled to answer
for or aooealina a code violation. a nuisance abatement board
hearina. a soecial master hearina or an Administrative hearina
shall not be required to reaister. nor shall anv aaent. attorney.
officer or emoloyee of such oerson.
SECTION 6.
In addition to the reaistration requirements addressed abo"~
all city deoartments includina the offices of the MaYor and City
commission. the offices of the citv Hanaaer and the offices of the
city Attorney shall maintain sianed "sian-in" loas for all non-city
emolovees or personnel for reaistration when they meet with any
personnel as defined in section 1 above.
SECTION 7.
Commencing ~ October 1, 1992, and on ~ October 1 of each
year thereafter, the lobbyist shall submit to the City Clerk a
signed statement ur.der oath listing all lobbying expenditures in
the City of Miami Beach for the preceding calendar year. A
statement shall be filed even if there has been no expenditures
during the reporting period.
The clerk shall publish logs on a quarterly and annual basis
reflecting the lobbyist registrations which have been filed. All
logs required by this ordinance shall be prepared in a manner
substantially similar to the logs prepared for the Florija
.Legislature pursuant to Section 11.0045, Florida statutes.
All members of the City Commission, and all city personnel
defined herein shall be diligent to ascertain whether persons
required to register pursuant to this subsection have complied.
Commissioners or city personnel may not knowingly permit themselves
to be lobbied by a person who is not registered pursuant to this
subsection to lobby the commissioner, or the relevant committee,
board or city personnel.
The City Attorney shall investigate any person engaged in
lobbying activities who are reported to be in violation of this
section. The City Attorney shall report the results of the
investigation to the City Commission. Any alleged violator shall
also receive the results of any investigation and shall have the
opportunity to rebut the findings, if necessary, and submit any
5
written material in defense to the City Commission.
The City
Commission may reprimand, censure, suspend or prohibit such person
from lobbying before the commission or any committee, board or
personnel of the City.
SECTION 8.
REPEALER
That all ordinances, resolutions or parts of ordinances or
resolutions in conflict be and the same are hereby repealed.
SECTION 9.
SEVERABILITY
If any section, sUb-section, sentence, clause, phrase or
portion of this ordinance is for any reason, held invalid or
unconstitutional by court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining
portions of this ordinance.
SECTION 10.
EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption, on
June 27.
1992.
PASSED and ADOPTED this
1992.
ATTEST:
-'{i i I .(,7 ill' /.. 'J . . It) ,/
/1.( ('liA It't. C, ,I Jill 1(../ hI' ,/k;ttdlt" r.:?f. ....~1Il
CITY CLERK I oj ,,' , , ~/'
" V', Y
JCD/CNM
.15(4. .:\4'6.92.ORD
(Sponsored by Commissioner Pear1son)
Additions shown by underlinina.
Deletions shown by stril(f) eu-t-s,..
1st reading 6/3/92
2nd reading 6/17/92
FORM APPROVED
LEGAL DEPT.
By
T'-0
Date
c. . / 7 -'j 1.-
6
SECTION VIII. PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
1. Respondent Information
2. Acknowledgment of Addenda
3. Fee Proposal Form
4. Questionnaire
RFP NO.: 65.99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
23
PROPOSER INFORM A TION
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 all
proposals, to make awards on all items or any items according to the best interest ofthe City,
and to waive any irregularities in the RFP or in the proposals received as a result of the RFP.
It is also understood and agreed by the proposer that by submitting a proposal, proposer shall
be deemed to understand and agree than no property interest or legal right of any kind shall
be created at any point during the aforesaid evaluation/selection process until and unless a
contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
24
REQUEST FOR PROPOSALS NO. 65-99/00
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with
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.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
25
FEE PROPOSAL FORM
This proposal shall include the total fee for the services requested, for each one-year period as
follows:
A. Lobbying and Consulting Services
$
for each one-year period.
(Proposed fees for lobbying and consulting services shall not exceed an aggregate amount of
$90,000 for a one-year period).
PROPOSER'S NAME:
SIGNATURE:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
26
DECLARATION
TO: Lawrence A. Levy
City Manager
City of Miami Beach, Florida
Submitted this
day of
, 2000.
The undersigned, as proposer, declares that the only persons interested in this proposal are named
herein; that no other person has any interest in this proposal or in the Contract to which this proposal
pertains; that this proposal is made without connection or arrangement with any other person; and
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 Beach
document for the purpose of establishing a formal contractual relationship between the proposer and
the City of Miami Beach, Florida, for the performance of all requirements to which the proposal
pertains.
The proposer states that the proposal is based upon the documents identified by the following
number: RFP No. 65-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
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Proposer's Name:
Prineipal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this:
When Incorporated:
In what State:
If Foreie:n Corporation:
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.: 65-99/00
DATE: 2/10/00
QUESTIONNAIRE
CITY OF MIAMI BEACH
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Questionnaire (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 ~imilar agreements held by proposer for a project similar to the proposed
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 as a
responsible bidder, refused to enter into a eontract 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.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
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Ouestionnaire (eontinued)
4. Has the proposer or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary.
5. Person or persons interested in this bid and Qualification Form
(have) (have not) been convicted by a Federal, State, County, or
Municipal Court of any violation of law, other than traffic violations. To include
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.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
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Ouestionnaire (continued)
8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships which
would constitute a conflict of interest, either actual or perceived, with any proposer
and/or individuals and entities comprising or representing such proposer, and in an
attempt to ensure full and complete disclosure regarding this contract, all Proposers are
required to disclose all persons and entities who may be involved with this ProposaL 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.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
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The proposer understands that information contained in this Questionnaire will be relied upon
by the City 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 proposal 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
confirmed through a baekground investigation conducted by the Miami Beach Police
Department. By submitting this questionnaire the proposer agrees to cooperate with this
investigation, including but not necessarily limited 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
(CORPORATE SEAL)
RFP NO.: 65-99/00
DATE: 2/10/00
CITY OF MIAMI BEACH
32