2000-24068 RESO
RESOLUTION NO. 2000-24068
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FROM
QUALIFIED FIRMS FOR THE PERFORMANCE OF A TRAFFIC
CALMING STUDY FOR SR 907/ALTON ROAD, BETWEEN INDIAN
CREEK DRIVE AND NORTH MICHIGAN AVENUE; AND FURTHER
APPROPRIATING $15,000 FROM THE $92 MILLION GENERAL
OBLIGATION BONDS-SERIES 2000, FUND NO. 373, FOR THE PURPOSES
OF THE STUDY.
WHEREAS, speeding frequently occurs on SR 907/Alton Road, which is classified as a
major arterial roadway under the control and jurisdiction of the Florida Department of Transportation
(FDOT); and
WHEREAS, FDOT already conducted a traffic calming assessment study which concluded
that traffic calming measures were not appropriate for the Alton Road corridor, which function is
to move traffic; and
WHEREAS, the Alton Road Homeowners Association continues to insist that the City take
the lead in providing the desired traffic calming measures on Alton Road; and
WHEREAS, as advised by FDOT, the City needs to conduct its own Traffic Calming Study
for the Alton Road Corridor (the Study), as a precursor for any further discussion and reconsideration
by FDOT towards the installation of any traffic calming measures along the corridor; and
WHEREAS, the G, O. Bond Oversight Committee, at its meeting of July 31, 2000,
recommended that $15,000 ofthe funds allocated for "Alton Road Enhancements" be utilized for
the purposes of the Study; and
WHEREAS, the City needs to appropriate the funds and issue a Request for Qualifications
for the performance of the Study,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
COrnnlission hereby approve and authorize the issuance of a Request for Qualifications (RFQ) for
the performance ofa Traffic Calming Study for SR 9071 Alton Road, between Indian Creek Drive
and North Michigan Avenue; and appropriate $15,000 from the $92 million General Obligation
Bonds-Series 2000, Fund No. 373, for the purposes of the Study, as recornnlended by the G.O.Bond
Oversight Committee,
PASSED AND APPROVED this the 13th day of
September
,2000.
APPROVED)oS TO
FORM & LANGUAGE
& FOR EXECUTION MAYOR
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~TY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.u5
COMMISSION MEMORANDUM NO.
(p 7t;-(JO
FROM:
Mayor Neisen O. Kasdin and
Members ofthe CitY. Commission
Jorge M. GoJ.(!/1 ~
City Manager
DATE: September 13, 2000
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FROM
QUALIFIED FIRMS FOR THE PERFORMANCE OF A TRAFFIC
CALMING STUDY FOR SR 907/ALTON ROAD, BETWEEN INDIAN
CREEK DRIVE AND NORTH MICHIGAN A VENUE; AND FURTHER
APPROPRIATING $15,000 FROM THE $92 MILLION GENERAL
OBLIGATION BONDS-SERIES 2000, FUND NO. 373, FOR THE PURPOSES
OF THE STUDY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding for the proposed Traffic Calming Study will be provided by the $92 million General
Obligation Bond-Series 2000, Fund No. 373, in an amount not to exceed $15,000, as recommended
by the G, O. Bond Oversight Committee, at its meeting of July 31, 2000,
ANALYSIS
Speeding frequently occurs on SR 9071 Alton Road, which is classified as a major arterial roadway
under the control and jurisdiction of the Florida Department of Transportation (FDOT).
Approximately two years ago, as requested by the Alton Road Homeowners Association, FDOT
conducted a traffic calming assessment study which concluded that traffic calming measures were
not appropriate for the Alton Road corridor, the designated function of which is to facilitate the flow
of traffic.
The Administration and City staff met with the Association on May 31, 2000, at which time the
residents encouraged the City to take the lead in providing traffic calming measures. Once again,
the City staff emphasized that, as advised by FDOT, the City needs to conduct a separate traffic
calming study as a precursor for any further discussion and reconsideration by FDOT towards the
installation of any traffic calming measures along the corridor.
AGENDA ITEM
C-7P
9'-/3-0cJ
DATE
September 13, 2000
Commission Memorandum
RFQ for Alton Road Traffic Calming Study
Page 2
The pw:pose of this study would be to identify applicable traffic calming strategies and techniques
for Alton Road, between Michigan Avenue and Indian Creek Drive. The main obiectives of any
recommended traffic calming measures or strategies for Alton Road would be the following:
1. To reduce the occurrence of speeding, therefore enhancing the neighborhood's livability;
2. To assess the implication of using traffic calming measures on the corridor, given its function
as an arterial roadway;
3, To assess the probable impacts of Alton Road traffic calming on the adjacent roadways; and
4. To provide the City with recommendations as to the implementation of a successful traffic
calming plan.
In conjunction with the Alton Road Homeowners' Association, the Administration recommends
approval of the Resolution, which authorizes both the appropriation of funds and the issuance ofa
Request for Qualifications (RFQ) for the performance ofthe essential traffic calming study,
The proposed RFQ, attached hereto, includes a preliminary 'scope of services' for the study,
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Attachment
F:\WORKISTR^""MELlA\lOPES,^LTONMMO,WPO
CITY OF MIAMI BEACH
RFQ NO. 140-99/00
REQUEST FOR QUALIFICATIONS FOR
TRAFFIC CALMING STUDY FOR SR/907 ALTON ROAD BETWEEN
NORTH MICHIGAN A VENUE AND INDIAN CREEK DRIVE
RESPONSES ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN OCTOBER 20, 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
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
1
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl,us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
PUBLIC NOTICE
Request for Qualifications (RFQ) NO. 140-99100
Scope of Services: The purpose of this study is to identify applicable traffic calming strategies tools
and techniques for Alton Road (SR 907) between Michigan Avenue and Indian Creek Drive. The
primary objective of the traffic calming strategies is to reduce the occurrence of speeding on Alton
Road particularly through it's residential sections. As advised by FDOT, the City needs to conduct
a separate traffic calming study as a precursor for any further discussion and reconsideration by
FDOT towards the installation of any traffic calming measures along the corridor.
Sealed qualifications will be received until 3 :00 P .M, on October 20, 2000, at the following address:
City of Miami Beach, City Hall - Procurement Division, Third Floor, 1700 Convention Center
Drive, Miami Beach, Florida 33139,
Any response received after 3 :00 p,m, on October 20, 2000, will be returned to the proposer
unopened. The responsibility for submitting qualifications before the stated time and date is solely
strictly the responsibility of the proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence,
The RFQ package is available by calling DemandStar.com at (407) 975-3227 and requesting
Document #1403.
The City of Miami Beach, 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 the RFQ or in the responses received as a result of this RFQ, as deemed
in the best interest of the City of Miami Beach,
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
2
The City of Miami Beach, 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 the RFQ or in the responses received as a result of this RFQ, as deemed
in the best interest of the City of Miami Beach,
You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with
Ordinance 99-3164. Requests for additional information or clarifications must be submitted in
writing to my attention, and may be forwarded via facsimile to: 305-673-7851. ADDITIONALLY,
A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING TIDS RFQ MUST BE
FILED WITH THE CITY CLERK.
Bidders are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No.
2000-3234 (The City's Debarment Ordinance).
Gus Lopez, CPPO
Procurement Director
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
3
TABLE OF CONTENTS
I. OVERVIEW AND QUALIFICATION PROCEDURES
II. SCOPE OF SERVICES
III. QUALIFICATION STATEMENT FORMAT
IV. EV ALUATIONISELECTION PROCESS; CRITERIA FOR EVALUATION
V. GENERAL PROVISIONS
VI. SPECIAL TE~S AND CONDITIONS
VII. ATTACHMENTS
VIII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND
RETURNED TO CITY
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
4
~
SECTION I - REOUEST FOR OUALIFICATIONS OVERVIEW AND RESPONSE
PROCEDURES:
A. INTRODUCTIONIBACKGROUND
Speeding frequently occurs on SR 907/ Alton Road, which is classified as a major arterial roadway
under the control and jurisdiction of the Florida Department of Transportation (FDOT).
Approximately two years ago, as requested by the Alton Road Homeowners Association, FDOT
conducted a traffic calming assessment study which concluded that traffic calming measures were
not appropriate for the Alton Road corridor, which function is to move traffic. For obvious reasons,
this argument is not acceptable to the residents.
As advised by FDOT, the City needs to conduct a separate traffic calming study as a precursor for
any further discussion and reconsideration by FDOT towards the installation of any traffic calming
measures along the corridor.
B. RFQ TIMETABLE:
The anticipated schedule for this RFQ and contract approval is as follows:
RFQ issued
September 15, 2000
Deadline for receipt of questions
October 10, 2000
Pre-Qualification Conference
N/A
Deadline for receipt of responses
October 20, 2000 @ 3:00 p.m.
Evaluation committee meeting
November 2000
Commission approval and authorization
of negotiations
November 15,2000
Contract negotiations
December 2000
Projected award date
December 20, 2000
Proj ected contract start date
January 1,2001
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
5
C. QUALIFICATION STATEMENT SUBMISSION
An original and ten (10) copies of complete responses must be received by October 20, 2000 at
3:00 p.m. 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 respondent's
name, address, telephone number, RFQ number and title, and due date,
The responsibility for submitting a response to this RFQ to the Procurement Division on or before
the stated time and date will be solely and strictly that of the firm, 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. Responses received after the RFQ due date and time will not be accepted and will not
be considered.
D. PRE-QUALIFICATION CONFERENCE
NOT REQUIRED
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFQ is the Procurement Director at (305) 673-7490, Firms are advised
that from the date of release of this RFQ until award of the contract, no contact with City personnel
related to this RFQ is permitted, except as authorized by the contact person. Any such unauthorized
contact may result in the disqualification of the firm's submittal.
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. Facsimiles will be accepted 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, Firms should not rely on
representations, statements, or explanations other than those made in this RFQ or in any addendum
to this RFQ, Firms are required to acknowledge the number of addenda received as part of their
responses. The firm should verify with the Procurement Division prior to submitting a response that
all addenda have been received,
F. RESPONSE GUARANTY
NOT REQUIRED
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
6
G. MODIFICATIONIWITHDRAWALS OF SUBMITTALS
A firm 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 expiration of (120) calendar days from the opening of responses without a contract
award, 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/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses;
re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities
in this RFQ or in any responses received as a result of this RFQ.
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 of the firm(s) and not be
reimbursed by the City,
J. VENDOR APPLICATION
Prospective firms should register with the DemandStar,com (the City's Vendor Database
Management Firm) ; this will facilitate their receipt of future notices of solicitations when they are
issued. Potential firms may contact DemandStar,com at (800) 711-1712 or register on-line at
www.Demandstar.com.
It is the responsibility of the firms to inform DemandStar,com concerning any changes, such as new
address, telephone number, or commodities.
It is the responsibility of the bidders to inform the City concerning any changes, including new
address, telephone number, or commodities,
K. EXCEPTIONS TO RFQ
Firms 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, may accept or
reject the exceptions. In cases in which exceptions are rejected, the City may require the firm to
furnish the services or goods originally described, or negotiate an alternative acceptable to the City.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
7
L. SUNSIDNE LAW
Firms 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 "Governnlent in the Sunshine Law",
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or may
require firms to give oral presentations based on their responses. The City reserves the right to enter
into negotiations with the selected respondent, and if the City 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 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
Firms that are not selected may protest any recommendations for contract award by sending a formal
protest letter to the Procurement Director, which letter must be received no later than 5 calendar days
after award by the City Commission. The Procurement Director will notify the protester 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 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 protester.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Firms are expected to be 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 EEO
regulations and guidelines. Ignorance on the part of the firm will in no way relieve it from
responsibility for compliance,
P. DEFAULT
Failure or refusal of a firm to execute a contract upon award by the City Commission, or untimely
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 firm from
the City's vendor list.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
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Q. CONFLICT OF INTEREST
All firms 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 firms must disclose the name of any City employee who owns, either directly or
indirectly, an interest of ten (10%) percent or more in the respondent or any of its affiliates,
R. RESPONDENT'S RESPONSIBILITY
Before submitting responses, each firm 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 firm from any obligation to comply with every detail
and with all provisions and requirements of the contract documents, or will be accepted as a basis
for any claim whatsoever for any monetary consideration on the part of the firm.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful firm be legally considered to be an
independent contractor and that neither the firm nor the firm's employees and agents shall, under any
circumstances, be considered employees or agents of the City.
T. PUBLIC ENTITY CRIME (pEe)
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crimes may not submit a response on a contract to provide any goods or services to a
public entity, may not submit a response on a contract with a public entity for the construction or
repair of a public building or public work, may not submit responses on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a contract with a public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Sec. 287,017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All firms are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as
amended from time to time. Firms 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 responses, in the event of such non-compliance,
RFQ NO, 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
9
V. CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, firms are hereby advised that the City's Cone of Silence
is attached and made part of this RFQ.
W. DEBARMENT ORDINANCE
Firms are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No.
2000-3234 (The City's Debarment Ordinance). Firms are strongly advised to review the City's
Debarment Ordinance, Debarment may constitute grounds for termination of the contract as well as
disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid.
X. CODE OF BUSINESS ETHICS
Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with the City
shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division
with your bid/response or within five days upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all
applicable governmental rules and regulations including, among others, the conflict of interest,
lobbying and ethics provision of the City Code,
RFQ NO, 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
10
SECTION II -SCOPE OF SERVICES
Traffic Calming Study for SR 907/Alton Road.
I. Purpose and Objectives:
The purpose of this study is to identify applicable traffic calming strategies tools and techniques for
Alton Road (SR 907) between Michigan A venue and Indian Creek Drive. The primary objective
of the traffic calming strategies is to reduce the occurrence of speeding on Alton Road particularly
through it's residential sections, A secondary purpose of this study is to assess the implication of
using traffic calming strategies on Alton Road given its function as a arterial roadway. And, lastly,
recommendations regarding the required components of a traffic calming implementation plan (i.e"
public involvement, surrounding impacts to network, and the like) will be outlined.
This study will assist the City and the Florida Department of Transportation (FDOT) in determining
whether traffic calming strategies and measures should be implemented along the corridor, as part
of a scheduled milling and resurfacing project.
II. Study Objective
This traffic calming study shall be developed to meet the following objectives:
A. The "perceived" problems with regard to speed will be verified to determine
the "actual" problems.
B, The existing conditions on the corridor will be established. These conditions
include 24-hour vehicle classification traffic counts, turning movement counts,
segment and intersection levels of service, operating speeds, and high crash
locations and types,
C, Appropriate traffic calming strategies for reducing speeds on Alton Road will
be determined. Preliminary cost estimates for implementing appropriate traffic
calming strategies will be ascertained.
D. The applicability of traffic calming strategies on Alton Road, as it functions as
a arterial, will be assessed. Potential secondary impacts of the traffic calming
measures to surrounding corridors will also be assessed (Collins Avenue, Indian
Creek Drive, 41st Street, Pine Tree and La Gorce Drive),
E, The results and recommendations will be summarized in a report. The final
report and recommendations will be presented to the City.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
11
III. Traffic Calming Study - Service to be Performed:
The Consultant shall prepare a Traffic Calming Report for the City, The Consultant shall
make maximum use of existing information throughout the study.
A. Introductory Meeting
The Consultant shall meet with key City personnel and other governmental agencies prior
to the start of work. The purpose of the meeting shall be as follows:
The City, FDOT and Miami-Dade Public Works Department (MDPWD) will provide all
relevant information relating to the project in its possession. Included in this are previous
studies/reports for Aiton Road, previous studies/reports of traffic calming plans within the
City (ex, Pine TreelLa Gorce Drive), the last three years of accident data along the corridor,
planning information, existing right-of-way information and maps,
It is recommended that representatives from the City Manager Office, Police, Fire, Public
Works Department, Transportation and Parking Committee, FDOT along with a designated
neighborhood representative participate in the initial meeting with the consultant to discuss
the traffic problems along the corridor, enforcement issues, emergency responses, hurricane
evacuation, and the like.
B. Data Collection
The following data may need to be collected for the study:
*
*
Twenty-four hour (24-hour) traffic counts on Alton Road
ArnImidday/pm peak hour turning movement counts at signalized intersections along
the corridor.
Spot speeds data along the corridor, Spot speed data will be taken at key locations
(both directions) for two different periods during a weekday,
Roadway characteristics along the corridor including: geometry, posted speed, limits,
signal timing plans, and the like,
Numerous field observations of traffic operations along the corridor will be
undertaken to assess and verify the perceived problems. Observations will include
both physical features and actual operations under normal traffic conditions,
Crash data will be summarized.
*
*
*
*
RFQ NO. 140-99/00eDATE: September 13, 2000
CITY OF MIAMI BEACH
12
C. Data Analysis
After traffic counts, field data, speeding information, and the like have been collected, a
general corridor analysis will be undertaken. Segment levels of service will be calculated
along the corridor. The 85th percentile speed, 10 mph pace, 50th percentile speed, and
average speed will be calculated at the spot speed locations. Crash data will be analyzed to
determine predominant crash patterns and possible contributing factors.
D. Identification of Feasible Traffic Calming Strategies
After field data and statistics have been collected and analyzed, feasible traffic calming
strategies tools and techniques for Alton Road will be identified. The traffic calming
measures to be considered may include, but not limited to: road narrowing, signalization,
vertical deflections, central islands, horizontal deflections, and streetscaping. If speeding is
determined to be significant along the corridor, viable traffic calming measures tailored to
effectively reduce speeding will be emphasized.
E. Assessment ofImplementing Traffic Calming Measures on Alton Road
The applicability of traffic calming strategies on Alton Road, relative to its function as a
arterial roadway, will be assessed. Issues to be reviewed include: degradation oflevels of
service, influence of traffic calming measures on emergency service (police, fire,
ambulance), influence of traffic calming measures on hurricane evacuation, impacts to the
surrounding roadway network, and the like.
F. Recommendations for Traffic Calming Implementation Plan
The purpose of the Traffic Calming Study for Alton Road is to provide a final assessment
of feasible traffic calming measures for the corridor and their applicability on the area's
surrounding the roadways, The strategies and measures identified will be considered for
further refinement and possible implementation. Should the City elect to continue with a
traffic calming project, this study of the Alton Road corridor and feasible traffic calming
strategies will be the basis for a detailed Traffic Calming Implementation Plan.
The Consultant will outline key components for successful planning and implementation of
traffic calming measures. These components will include: coordination with agencies,
participation of emergency services (police, fire, ambulance), area of influence for study,
analysis required to measure impacts to the surrounding network, determine after studies
needed that would assess impacts of implemented traffic calming measures, and the like.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
13
G. Final Report
The Consultant will summarize the results of the study in a report, The report will include
the information/evaluations outlined in sections III.A through 111.0, The City will be
provided with five sets of the draft report and five sets of the final report,
H. Project RepresentationslMeetings
The Consultant will be required to attend up to four meetings for the project. The meetings
will include coordination with City of Miami Beach staff, Metro-Dade Public Works staff
(if necessary), FDOT staff, emergency services (police, fire, ambulance), and other interested
parties, The Consultant will be prepared to make presentations during the meetings with
City.
I. End Product/Quality Assurance
The end product of this project will be a Traffic Calming Study for Alton Road from
Michigan Avenue to Indian Creek Drive, This study will include an evaluation of existing
conditions, identification of feasible traffic calming measures, and an assessment of
implementing traffic calming measures to the surrounding roadway network. The Consultant
shall provide quality assurance on all products and deliverables,
Project Manager:
Joseph W. Johnson, III, AICP
Transportation/Concurrency Management Director
Completion of Project: (120 Days - 4 months)
Study Cost:
$15,000,00
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
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SECTION III -OUALIFICATIONS STATEMENT FORMAT
Responses must contain the following documents, each fully completed, and signed as required,
Responses which do not include all required documentation, or are not submitted in the required
format, or do not have the appropriate signatures on each document, may be deemed to be
non-responsive. Non-responsive responses will receive no further consideration,
A. CONTENTS OF QUALIFICATION STATEMENT
1. Table of Contents:
The Table of Contents should outline in sequential order the major areas of the submittal,
including enclosures. All pages must be consecutively numbered and correspond to the table
of contents.
2. Technical Proposal:
Provide a narrative which addresses the scope of work, the proposed approach to the work,
and any other information called for by the RFQ.
3. Price Proposal:
None is required at this time. Fees are to be negotiated with the top-ranked team(s),
4. Qualifications:
The minimum qualification requirements for this RFQ are described below. Respondents
must provide documentation which demonstrates their ability to satisfy all of the minimum
qualification requirements, Submittals which do not contain such documentation may be
deemed non-responsive.
5. Acknowledgment of Addenda and Respondent Information Forms (Section VIII)
6. Any other document required by this RFQ, such as a Questionnaire or Response Guaranty.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
IS
B. MINIMUM REQUIREMENTS 1 QUALIFICATIONS:
Each team interested in responding to this Request for Qualifications must provide the
following information. Responses that do not respond completely to all requirements will
be considered non- responsive and eliminated from the process,
1. Team's Experience:
Indicate the team's number of years of experience in providing the requested professional
services, list all projects undertaken during the past five (5) years, describe the scope of each
project in physical terms and by cost, describe the scope of the firm's responsibilities, and
provide the name and contact telephone number of an individual in a position of
responsibility who can attest to firm's activities in relation to the project, provide the name(s)
of the person, or persons within your organization who was most actively concerned with
managing each project. List and describe all legal claims against the team alleging errors
and/or omissions, or any breach of professional ethics, including those settled out of court,
during this period.
2. Project Manager's Experience:
Provide a comprehensive summary of the experience and qualifications of the individuals
who will be selected to serve as the project managers for the City's project(s). These
individuals must have a minimum of ten (10) years' experience in the design and
construction of streetscape and utility facilities, and should have served as construction
manager on similar projects on a minimum of three previous occasions.
3. Previous Similar Projects:
A list of a minimum of ten similar projects must be submitted. Information should include:
* Client name, address, phone number.
* Consultant (Architect or Engineer) name, address, phone number.
* Description of the scope of the work.
* Month and Year the project was started and completed.
* Total cost and/or fees paid to your firm.
* Total cost of the construction, estimated and actual.
* Role of the firm and the responsibilities.
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CITY OF MIAMI BEACH
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4, Qualifications of Project Team:
List the members of the proposed project team. Provide a list of the personnel to be used on
this project and their qualifications. A resume of each individual, including education,
experience, and any other pertinent information shall be included for each team member,
including any subcontractors, to be assigned to this project.
5. Project Approach:
Information should include:
*Organizational structure of project team.
*Fee structure on prior projects of similar size and complexity.
* Approach to project specific to neighborhood,
*Narrative description of how project team's experience specifically relates to the
neighborhood project.
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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SECTION IV -EV ALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for response evaluation and selection is as follows:
I. Request for Qualifications issued,
2. Receipt of responses.
3. Opening and listing of all responses received,
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
response in accordance with the requirements of this RFQ. If further information is desired,
firms may be requested to make additional written submissions or oral presentations to the
Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the response or responses
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations pursuant to Section 287.055,
Florida Statutes, known as the Consultants' Competitive Negotiation Act (CCNA).
The Committee shall recommend in order of preference, no fewer than three firms
deemed to be the most highly qualified to perform the required services after
considering such factors as:
1. The ability of professional personnel;
2. Past performance;
3. Willingness to meet time and budget requirements;
4. Location;
5. Recent, current, and projected workloads ofthe firms; and
6. The volume of work previously awarded to each firm by the City, with the object of
effecting and equitable distribution of contracts among qualified firms, provided such
distribution does not violate the principle of selection of the most highly qualified firms.
The City may request, accept, and consider proposals for the compensation to be paid
under the contract only during competitive negotiations.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the response or responses acceptance of 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
recommendation(s) and select another response or responses, In any case, City Commission
shall select the response or responses acceptance of which the City Commission deems to
be in the best interest of the City. The City Commission may also reject all responses.
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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8. Negotiations between the selected firm 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 firm other than the top-ranked firm if the negotiations with the
top-ranked respondent 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 finn(s) has
(or have) done so.
Important Note:
By submitting a response, all firms 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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DATE: September 13, 2000
CITY OF MIAMI BEACH
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SECTION V -GENERAL PROVISIONS
A. ASSIGNMENT
The successful firm 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 firm.
B. INDEMNIFICATION
The successful firm 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 firm, its employees, or agents in connection with the performance of service pursuant to
the resultant Contract; the successful firm 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 DEFAULT
If through any cause within the reasonable control of the successful firm, 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 respondent of such termination which shall
become effective upon receipt by the successful firm of the written termination notice.
In that event, the City shall compensate the successful firm in accordance with the Agreement for
all services performed by the firm prior to termination, net of any costs incurred by the City as a
consequence of the default.
Notwithstanding the above, the successful firm 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 firm, and the City
may reasonably withhold payments to the successful firm for the purposes of set off until such time
as the exact amount of damages due the City from the successful firm is determined.
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DATE: September 13, 2000
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 to be performed at any time
without cause by giving written notice to successful firm of such termination, which shall become
effective thirty (30) days following receipt by firm 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
respondent in accordance with the Agreement for all services actually performed by the successful
firm and reasonable direct costs of successful firm for assembling and delivering to City all
documents, No compensation shall be due to the successful firm for any profits that the successful
firm expected to eam on the balanced of the Agreement. Such payments shall be the total extent of
the City's liability to the successful firm upon a termination as provided for in this section.
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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SECTION VI . SPECIAL TERMS AND CONDITIONS
A. INSURANCE
The successful firm(s) shall obtain, provide, and maintain during the term of the proposed
Agreement the following types and amounts of insurance issued by insurers licensed to sell insurance
in the State of Florida and having a B+ VI or higher rating in the latest edition of AM Best's
Insurance Guide, Any exceptions to these requirements must be approved by the City Manager or
designee,
1. Commercial General Liability. A policy including, but not limited to, comprehensive
general liability including bodily injury, personal injury, property damage in the amount of
a combined single limit of not less than $1,000,000. Coverage shall be provided on an
occurrence basis. The City of Miami Beach must be named as additional insured on policy.
2, Professional Liahility (Errors and Omissions). Minimum of $500,000 per occurrence,
3. Worker's Compensation, A policy of Worker's Compensation and Employers Liability
Insurance in accordance with State worker's compensation laws.
Thirty (30) days' written notice of cancellation or substantial modification in insurance
coverage must be given to the City by the architect/engineer and its insurance company.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
FAILURE TO PROCURE INSURANCE: The successful firm's failure to procure or maintain
the required insurance shall constitute a material breach of the proposed Agreement, giving
the City the right to terminate the proposed Agreement.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
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SECTION VII - ATTACHMENT(S)
1. Lobbyists Ordinance.
2. Cone of Silence Ordinance No. 99-3164
3. Debarment Ordinance No. 2000-3234
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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SECTION VIII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY
RESPONDENT INFORMATION
ACKNOWLEDGMENT OF ADDENDA
DECLARATION
QUESTIONNAIRE
RFQ NO, 140.99/00
DATE: September 13, 2000
CITY OF MIAMl BEACH
24
RESPONDENT INFORMATION
Submitted by:
Entity:
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by firm 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 of the City,
and to waive any irregularities in the RFQ or in the responses received as a result ofthe RFQ.
It is also understood and agreed by the firm that by submitting a response, firm 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 evaIuation/selection process until and unless a
contract has been agreed to and signed by hoth parties.
(Authorized Signature)
(Date)
(Printed Name)
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
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REOUEST FOR QUALIFICATION NO. 140-99/00
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 RFQ:
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 RFQ.
Verified with Procurement staff
Name of staff
Date
(Respondent -Name)
(Date)
(Signature)
RFQ NO. 140-99/00
DATE: September 13,2000
CITY OF MIAMI BEACH
26
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
day of
,2000.
Submitted this
The undersigned, as firm, declares that the only persons interested in this proposal are named herein;
that no other person has any interest in this responses or in the Contract to which this response
pertains; that this response is made without connection or arrangement with any other person; and
that this response is in every respect fair and made in good faith, without collusion or fraud.
The firm agrees if this response is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the firm and the
City of Miami Beach, Florida, for the performance of all requirements to which the response
pertains.
The firm states that the response is based upon the documents identified by the following number:
RFQ No, 140-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFQ NO. 140.99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
27
Firm's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this:
When Incorporated:
In what State:
If Foreign 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:
RFQ NO. 140-99/00
DATE: September 13, 2000
OUESTIONNAlRE
CITY OF MIAMI BEACH
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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
1. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by respondent for a project similar to the proposed project
ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the respondent or any principals of the applicant organization failed to qualify as 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:
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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Questionnaire (j:ontinued)
4. Has the firm 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 oflaw,
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 firm and/or any of its principals:
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this response:
(If none, so state.)
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Qualifications have any association or relationships
which would constitute a conflict of interest, either actual or perceived, with any firm
and/or individuals and entities comprising or representing such firm, and in an attempt
to ensure full and complete disclosure regarding this contract, all Firms are required
to disclose all persons and entities who may be involved with this Response. 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
responses.
RFQ NO. 140-99/00
DATE: September 13, 2000
CITY OF MIAMI BEACH
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The firm 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 firm
to be true. The undersigned firm agrees to furnish such additional information, prior to
acceptance of any response relating to the qualifications of the firm, as may be required by the
City Manager.
The firm further understands that the information contained in this questionnaire may be
confirmed through a background investigation conducted by the Miami Beach Police
Department. By submitting this questionnaire the firm agrees to cooperate with this
investigation, including but not necessarily limited to fmgerprinting and providing information
for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSIDP:
Signature
Print Name of Firm
Print Name
Address
Signature
(General Partner)
(print Name)
(print Name)
IF A CORPORATION:
Print Name of Corporation
Signature of President
(print Name)
Attest:
Signature of Corporate Secretary (print Name)
RFQ NO, 140-99/00 CITY OF MIAMI BEACH
DATE: September 13, 2000 33
LOBBYISTS
Sec, 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the city commissioners,
Autonomous personnel includes but is not 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 ofresponsibility.
Commissioners means the mayor and members of the city commission.
Departmental personnel means the city manager, all assistant city managers, all department heads,
the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental
p~rsonnel when acting in connection with administrative hearings shall not be included for purposes
of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any city board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeab1y will be heard or reviewed by the city commission, or a city board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means 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 nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord, No, 92-2777, " 1,2,3-4-92; Ord. No. 92-2785, " 1,2,6-17-92)
Cross reference(s)--Definitions generally, 11_2,
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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Sec, 2-482, Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Every person required to register shall register on forms prepared by the clerk, pay a
registration fee as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant
to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) 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.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs,
<<J 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 or more ownership interest
in such corporation, partnership, or trust.
(d) 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 not
providing a description of the specific issue on which such lobbyist has been employed to
lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal,
(f) In addition to the registration fee required in subsection (a) of this section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for
biennial registration shaH be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current city commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
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DATE: September 13, 2000
CITY OF MIAMI BEACH
3S
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the city manager shall waive the registration fee upon a fmding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit 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 required to register with the clerk as required by this section, Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord, No. 92-2777,' 3, 3-4-92; Ord. No. 92-2785, I 3, 6-17-92)
Sec, 2-483. Exceptions to registration,
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the city who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, 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, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel, board
or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing shall
not be required to register, nor shall any agent, attorney, officer or employee of such person,
(Ord. No. 92-2777, "4,5,3-4-92; Ord, No. 92-2785," 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481,
(Ord, No, 92-2785, '6,6-17-92)
Sec. 2-485, List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement
under oath listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting period.
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. ' 11.0045,
I1:l All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division, Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. 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 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.
(Ord, No, 92-2777,' 6, 3-4-92; Ord. No. 92-2785,' 7, 6-17-92)
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DATE: September 13, 2000
CITY OF MIAMI BEACH
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DIVISION 4. PROCUREMENT
Sec. 2-486, Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition, "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for qualifications
("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city
manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI,
or bid between the mayor, city commissioners, or their respective staffs, and any member of the
city's professional staff including, but not limited to, the city manager and his or her staff.
Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the
award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community
development, and communications with the city attorney and his or her staff,
(2) Procedure.
a, A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, 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
manager shall include in any public solicitation for goods and services a statement disclosing the
requirements of this division.
b, The cone of silence shall terminate a) at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, 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 staff for further review, the cone of silence shall be reimposed 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.
(3) Exceptions. The provisions of this ordinance shall not apply to oral communications at
pre-bid conferences, oral presentations before evaluation committees, contract discussions during
any duly noticed public meeting, public presentations made to the city commissioners during any
duly noticed public meeting, contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid 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 by the
applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any
written communications with the city clerk. The city clerk shall make copies available to any person
upon request,
(b) Audit contracts,
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DATE: September 13, 2000
CITY OF MIAMI BEACH
38
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any 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 regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
commissioners or their respective staffs and any member of the city's professional staff including,
but not limited to, the city manager and his or her staff, Notwithstanding the foregoing, the cone of
silence shall not apply to communications with the city attorney and his or her staff,
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed
upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ,
RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her
designee shall provide for the public notice of the cone of silence, The cone of silence shall terminate
a) at the time the city manager makes his or her written recommendation as to the selection of a
particular RFP, RFQ, 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 staff for 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.
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public
presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii)
from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI,
or bid for audit by the city commission; or (iv) from communicating in writing with any city
employee or official for purposes of seeking clarification or additional information from the city or
responding to the city's request for clarification or additional information, subject to the provisions
of the applicable RFP, RFQ, RFLI, or bid documents, The bidder or proposer shall file a copy of any
written communication with the city clerk. The city clerk shall make copies available to the general
public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or
entity from publicly addressing the city commissioners during any duly noticed public meeting
regarding action on any audit contract. The city manager shall include in any public solicitation for
auditing services a statement disclosing the requirements of this division.
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<<:l Violations/penalties and procedures, An alleged violation of this section by a particular
bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section
2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer
void, and said bidder or proposer 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, Any person who violates a
provision of this division shall be prohibited from serving on a city evaluation committee. In
addition to any other penalty provided by law, violation of any provision of this division by a city
employee shall subject said employee to disciplinary action up to and including dismissal,
Additionally, any person who has personal knowledge of a violation of this division shall report such
violation to the state attorney and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164,' I, 1-6-99)
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT",
BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406
OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY;
CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397 Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from City work
may be undertaken,
(b) The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection. and not for purposes of punishment. Debarment shall be
imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(a)Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each
other if, directly or indirectly, (I) either one controls or has the power to control the other, or (ii) a
third part controls or has the power to control both. Indicia of control include, but are not limited to.
a fiduciary relation which results from the manifestation of consent by one individual to another that
the other shall act on his behalf and subject to his control, and consent by the other so to act;
interlocking management or ownership; identity of interests among family members; shared facilities
and equipment; common use of employees; or a business entity organized by a debarred entity,
individual, or affiliate following debarment of a contractor that has the same or similar management,
ownership, or principal employees as the contractor that was debarred or suspended.
(b) Civil judgment means a judgment or fmding of a civil offense by any court of competent
jurisdiction,
(c )Contractor means any individual or other legal entity that:
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(1) Directly or indirectly (e,g. through an affiliate), submits
offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, bidders, proposers, consultants, and/or
design professionals, or
(2) Conducts business or reasonable man be expected to conduct business, with the City as an agent"
representative or subcontractor of another contractor,
(d) Conviction means a judgement or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and
includes a conviction entered upon a plea of nolo contendere
(e) Debarment means action taken by the Debarment Committee to exclude a contractor (and, in
limited instances specified in this ordinance. a bidder or proposer from City contracting and City
approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a
contractor so excluded is debarred,
(f) Debarment Committee means a group of seven (7) individual members, each appointed by the
Mayor and individual City Commissioners, to evaluate and, if warranted, to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that, compared with
that opposing it ,leads to the conclusion that the fact at issue is more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing by competent
authority charging a criminal offense shall be given the same effect as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal
proceeding, The term includes appeals from such proceedings.
(j) List of debarred contractors means a list compiled, maintained and distributed by the Citys
Procurement Office. containing the names of contractors debarred under the procedures of this
ordinance,
Section 2-399 List Of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this ordinance
shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City
departments, Such List shall be public record and shall be available for public inspection and
dissemination;
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments,
to the Office of the City Manager and to the Mayor and City Commissioners: and
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(3) Included in the List shall be the name and telephone number of the City official responsible for
its maintenance and distribution.
(b) The List shall indicate:
(I) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory or regulatory
authority :
(4) The effect of the debarment action:
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number. when applicable;
(7) The person through whom the contractor is qualified. when applicable:
(8) The name and telephone number of the point of contact in the department recommending the
debarment action.
The City's Procurement Office shall:
(1) In accordance with internal retention procedures. maintain records relating to each debarment;
(2) Establish procedures to provide,for the effective use of the List, including internal distribution
thereof. to ensure that departments do not solicit offers from, award contracts to, or consent to
subcontracts with contractors on the List: and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that recommended the action,
Section 2-400 Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from. award contracts to, or consent to subcontracts with these contractors, unless the City
Manager determines that an emergency exists justifying such action. and obtains approval from the
Mayor and City Commission, which approval shall be given by 517ths vote of the City Commission
at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from
conducting business with the City as agents, representatives subcontractors or partners of other
contractors.
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(b) Debarred contractors are excluded from acting as individual sureties,
Section 2-40 I Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts, as well as
Request for Proposals (RFP). Request for Qualifications (RFO), Requests for Letters of Interest
(RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may
constitute grounds for termination of the contract as well as disqualification from consideration on
any RFP, RFO. RFLI. or bid,
(b) The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts
in existence at the time the contractor was debarred, the debarment period may commence upon the
conclusion of the contract. subject to approval of same be 517ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
11::) City departments may not renew or otherwise extend the duration of current contracts, or consent
to subcontracts with debarred contractors, unless the City Manager determines that an emergency
exists justifying the renewal or extension or for an approved extension due to delay or time extension
fer reasons beyond the contractor's control. and such action is approved by 517ths vote of the Mayor
and City Commission at a regularly scheduled, meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing
contract. where the work is divided into separate discrete groups and the City's refusal or denial of
further work under the contract will not result in a breach of such contract.
Section 2-402 Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the City
Manager determines that an emergency exists justifying such consent. and the Mayor and City
Commission approves such decision, by 517ths vote. at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses incurred by
a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a)
above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP, RFQ, RFLI, or bid.
Section 2-403 Debarment.
(a) The Debarment Committee may, in the public interest. debar a contractor for any of the causes
listed in this ordinance, using the procedures outlined below, The existence of a cause for debarment.
however. does not necessarily require that the contractor be debarred; the seriousness of the
contractor's acts or omissions and any mitigating factors should be considered in making any
debarment decision.
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(b) Debarment constitutes debarment of all officers, directors. shareholders owning or controlling
twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the
debarred contractor, unless the debarred decision is limited by its terms to specific divisions,
organizational elements or commodities. The Debarment Committee's decision includes any
existing affiliates of the contractor. if they are (I) specifically named and (ii) given written notice of
the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject
to the Debarment Committee's decision.
<<:J A contractor's debarment shall be effective throughout City Gove=ent.
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a fraud or a criminal offense in connection with obtaining, attempting to
obtain, performing, or making a claim upon a public contract or subcontract. or a contract or
subcontract funded in whole or in part with public funds:
(2) For violation of federal or State antitrust statutes relating to the submission of offers:
(3) For commission of embezzlement, theft, forgery, bribery. falsification or destruction of records,
making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding. and a court determines that the
lawsuit between the contractor and the City was frivolous or filed in bad faith,
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow, a bidder
or proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract. or a contract or subcontract funded in
whole or in part by City funds, such as failure to perform in accordance with the terms of one (I) or
more contracts as certified by the City department administering the contract; or the failure to
perform. or unsatisfactorily perform in accordance with the terms of one (I) or more contracts, as
certified by an independent registered architect. engineer. or general contractor.
(2) Violation of a City ordinance or administrative order which lists debarment as a potential
penalty,
(3) Any other cause which affects the responsibility of a City contractor or subcontractor in
performing City work.
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Section 2-405 Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a
request for debarment, the City Manager shall transmit the request to the Mayor and City
Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the
request to a person or persons who shall be charged by the City Commission with the duty of
promptly investigating and preparing a written report(s) concerning the proposed debarment,
including the cause and grounds for debarment. as set forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall forward said report
to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment
Committee and, with the assistance of the City department person or persons which prepared the
report. present evidence and argument to the Debarment Committee
@ Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on behalf of
the Debarment Committee shall issue a notice of proposed debarment advising the contractor and
any specifically named affiliates, by certified mail. return receipt requested, or personal service.
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and
any named affiliates on notice of the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and time not less
than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may
be represented by an attorney, may present documentary evidence and verbal testimony, and may
cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and
of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must
furnish the City's Procurement Office a list of the defenses the contractor intends to present at the
hearing. If the contractor fails to submit the list,
in writing, at least seven (7) working days prior to the hearing or fails to seek an extension oftime
within which to do so, the contractor shall have waived the opportunity to be heard at the hearing,
The Debarment Committee has the right to grant or deny an extension of time, and for good cause,
may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
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( e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating
a debarment procedure nor the sole basis of any determination of debarment, The hearing shall be
transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and
at the expense of the City, Copies of the hearing tape or transcript shall be furnished at the expense
and request of the requesting party.
(f) Debarment Committee's decision, In actions based upon a conviction or judgment, or in which
there is no genuine dispute over material facts, the Debarment Committee shall make a decision on
the basis of all the undisputed. material information in the administrative record. including any
undisputed, material submissions made by the contractor. Where actions are based on disputed
evidence. the Debarment Committee shall decide what weight to attach to evidence of record, judge
the credibility of witnesses, and base its decision on the prepondenance greater weight of the
evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's
decision shall be made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause,
(g) The Committee's decision shall be in writing and shall include the Committee's factual fmdings,
the principal causes of debarment as enumerated in this ordinance. identification of the contractor
and all named affiliate: affected by the decision, and the specific term. including duration, of the
debarment imposed.
(h) Notice of Debarment Committee's decision,
(1) If the Debarment Committee decides to impose debarment. the City Manager shall give the
contractor and any named affiliates involved written notice by certified mail, return receipt
requested, or hand delivery, within ten (10) working days of the decision. specifying the reasons for
debarment and including a copy of the Committee's written decision; stating the period of
debarment, including, effective dates; and advising that the debarment is effective throughout the
City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor and any named
affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10)
working days of the decision,
(I) All decisions of the Debarment Committee shall be final and shall be effective on the date the
notice is signed by the City Manager, Decisions of the Debarment Committee are subject to review
by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the
debarment decision in accordance with the Florida Rules of Appellate Procedure,
Section 2-406 Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debarment
Committee, Debarment shall be for a period commensurate with the seriousness of the cause(s), and
where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years.
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(b) The fol1owing guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2-404(a)(1); five (5) years
(2) For commission of an offense as described in subsection 2-404(a)(2): five (5) years,
(3) For commission of an offense as described in subsection 2-404(a)(3): five (5) years,
(4) For commission of an offense as described in subsection 2-404(a)(54): two (2) to five (5)
years.
(5) For commission of an offense as described in subsections 2-404(b)(1) or (2): two (2) to five (5)
years,
11::) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the
contractor's written request. for reasons such as:
(1) Newly discovered material evidence:
(2) Reversal of the conviction or civil judgment upon which the debarment was based:
(3) Bona fide change in ownership or management;
(4 )Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarred contractor's written request shall contain the reasons for requesting a reduction in
the debarment period, The City's Procurement Office, with the assistance of the affected department
shal1 have thirty (30) days from receipt of such request to submit written response thereto. The
decision of the Debarment Committee regarding a request made under this subsection is final and
non-appealable.
SECTION2. SEVERABILITY,
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
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SECTION 3, 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 relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
appropriate word.
SECTION 4. REPEALER,
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed,
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day of March,2000,
PASSED and ADOPTED this 23rd day of February,2000.
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