2000-24086 RESO
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RESOLUTION NO. 2000-24086
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO.
137-99/00, FOR THE ESTABLISHMENT OF A RESOURCE LIBRARY FOR
INFORMATION TECHNOLOGYffELECOMMUNICATIONS SERVICES.
WHEREAS, the City of Miami Beach Information Technology Department requires outside
sources to provide Information Technology/Telecommunications services;
WHEREAS, these services are not available through the State Contract process;
WHEREAS, a Resource Library is needed to provide access to such services; and
WHEREAS, the Administration has drafted a Request for Proposals for providing the said
services and set a tentative date of October 12, 2000, as the deadline for receipt of proposals,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Administration to issue Request for Proposals (RFP) No, 137-
99/00, for the establishment of a Resource Library for Information Tecjmology/Telecommunications
Services.
PASSED and ADOPTED thisE..day of September. 2000.
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MAYOR
C TY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO.:I 10-00
TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: September 27, 2000
FROM:
Jorge M. Gonzalez \.. ~
City Manager <Jft/V' (j
SUBJECT: A Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida, Authorizing the Administration to Issue Request for Proposals (RFP)
No. 137-99/00, for the Establishment of a Resource Library for Information
Technology and Telecommunications Services.
ADMINISTRATION RECOMMENDA nON
Adopt the Resolution.
ANALYSIS
The City of Miami Beach Information Technology Department has a need for resources to provide
Information Technology and Telecommunications services outside of and/or not provided by the
State Contract process, These services relate to generic or standard and/or defined or specified
hardware, software and/or other areas of automation or telecommunications, The services can also
involve the use of standard programming languages such as COBOL or specialized development
tools including, but not limited to, PowerPoint, Java, JavaScript, HTML, PERL, Unix and Visual
Basic. The services can involve performing services at City designated locations or at sites
determined by the service provider.
In order to obtain these services in a timely fashion, the concept of a Resource Library was
investigated, The Resource Library would contain qualified firms and/or individuals such as:
Application Consultants
AutoCAD or MicroStation Consultants
Computer Operators
Data Communications Specialists
Geographic Information Systems Management and Technical Consultants
Information Technology Consultants
Information Technology Programmers
Information Technology Project Managers
Information Technology Systems Analysts
Internet, Intranet, Extranet and File/Data Transfer Specialists
AGENDA ITEM C I 6
DATE--9 -1-1-00
Commission Memorandum
September 27,2000
Resource Library
Page 2
Midrange Platform Specialists
Network Design & Installation Consultants
Systems Network Consultants
Systems Network Specialists
Technical Instructors
Technical Writers
All of the firms and individuals recommended to be included in the Resource Library will be
required to enter into an agreement with the City establishing, among other things, the term, terms
of pricing, hourly rates for each classification, scope of the Agreement, other requirements and
miscellaneous provisions,
When services are required, the City will establish a scope of services and distribute it to the
qualified firms or individuals contained in the Resource Library for the classification needed (i.e.,
Network Administrator) with a solicitation requesting submittal of resumes of available individuals,
City staff will then review the responses and select the firm(s) with the individuals(s) most qualified
to perform the required task(s) and offering the most competitive price and attempt to negotiate the
time for performance, maximum number of hours to complete the task(s), any special provisions,
and payment schedule, The results of the negotiations will be reduced to written Agreement which
will include all City standard provisions for information technology services to be acquired, The
agreement will be approved as required and a Purchase Order will then be issued.
The Administration has drafted the attached Request for Proposal (RFP) to solicit proposals from
qualified and experienced Information TechnologylTelecommunications firms and/or individuals
who have experience or background in the following functional areas: personal computers and
client/server platforms; midrange computer platforms such as HP 3000; data communications using
Local Area Networks and Wide Area Networks; Geographic Information Systems (GIS) and
Computer-Aided Design (CAD); IntemetlIntranetJExtranet Applications; ED! Consulting and
Technical Support; and Application Consulting Services, The RFP specifies how the firms will
submit proposals and includes a selection and negotiation process.
It is the Administration's recommendation for the City Commission to adopt the Resolution.
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CITY OF MIAMI BEACH
RFP NO. 137-99/00
REQUEST FOR PROPOSALS FOR
ESTABLISHMENT OF A RESOURCE LIBRARY FOR INFORMATION TECHNOLOGY
AND TELECOMMUNICATIONS SERVICES
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 A.M.
ON October 12, 2000, AT THE FOLLOWING ADDRESS:
CITY HALL
FIRST FLOOR CONFERENCE ROOM
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
PROPOSALS ARE DUE ATTHE ADDRESS SHOWN BELOW
NO LATER THAN OCTOBER 31, 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, 137-99/00
Date: September 28, 2000
CITY OF MIAMI BEACH
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
PUBLIC NOTICE
Request for Proposal (RFP) NO. 137-99/00
ESTABLISHMENT OF A RESOURCE LIBRARY FOR INFORMATION TECHNOLOGY
AND TELECOMMUNICATIONS SERVICES
Scone of Services: The City of Miami Beach is seeking proposals for the establishment of an
Information TechnologylTelecommunications Resource Library. This Resource Library will be
located in the City of Miami Beach Procurement Department, 1700 Convention Center Drive,
Miami Beach, Florida 33139.
Sealed qualifications will be received until 3:00 P.M. on October 31. 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 31, 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 D,S, Mail, or any other occurrence,
A Pre-Proposal Conference is scheduled for 10:00 A.M. on October 12. 2000 at the following
address: City of Miami Beach, City Hall - First Floor Conference Room, 1700 Convention
Center Drive, Miami Beach, Florida.
The RFP package is available by calling DemandStar,com at (407) 975-3227 and requesting
Document #1373.
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 RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in the RFP or in the responses received as a result of this RFP, as deemed in the
best interest of the City of Miami Beach,
RFP No, 137-99/00
Date: September 28, 2000
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 RFP; postpone or cancel, at any time, this RFP process;
or waive any irregularities in the RFP or in the responses received as a result of this RFP, as
deemed in the best interest of the City of Miami Beach,
You are hereby advised that this RFP 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 with a copy to the City Clerk's Office, and may be forwarded via
facsimile to: 305-673-7851.
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance
No, 2000-3234 (The City's Debarment Ordinance),
Thank you,
Gus Lopez, CPPO
Procurement Director
RFPNo, 137-99/00
Date; September 28, 2000
3
TABLE OF CONTENTS
Page
I. OVERVIEW AND PROPOSAL PROCEDURES 1
II. SCOPE OF SERVICES 8
III. PROPOSAL FORMAT 10
IV. EV ALUA TION/SELECTION PROCESS;
CRITERIA FOR EV ALUA TION 13
V. GENERAL PROVISIONS 15
VI. SPECIAL TERMS AND CONDITIONS 17
VII. ATTACHMENTS 18
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY 19
SECTION I -OVERVIEW AND PROPOSAL PROCEDURES:
RFP No, 137-99/00
Date; September 28, 2000
4
A. INTRODUCTlONIBACKGROUND
The City of Miami Beach Information Technology Department has a need for resources
to provide Information Technology and Telecommunications services outside of and/or
not provided by the State Contract process. These services relate to generic or standard
and/or defined or specified hardware, software and/or other areas of automation or
telecommunications. The services can also involve the use of standard programming
languages such as COBOL or specialized development tools including, but not limited to,
PowerPoint, Java, JavaScript, HTML, PERL, Unix and Visual Basic, The services can
involve performing services at City designated locations or at sites determined by the
service provider,
In order to obtain these services in a timely fashion, the concept of a Resource Library
was investigated, The Resource Library would contain qualified firms and/or individuals
such as:
Application Consultants
AutoCAD or MicroStation Consultants
Computer Operators
Data Communications Specialists
Geographic Information Systems Management and Technical Consultants
Information Technology Consultants
Information Technology Programmers
Information Technology Project Managers
Information Technology Systems Analysts
Internet, Intranet, Extranet and File/Data Transfer Specialists
Midrange Platform Specialists
Network Design & Installation Consultants
Systems Network Consultants
Systems Network Specialists
Technical Instructors
Technical Writers
All of the firms and individuals recommended to be included in the Resource Library will
be required to enter into an agreement with the City establishing, among other things, the
term, terms of pricing, hourly rates for each classification, scope of the Agreement, other
requirements and miscellaneous provisions,
B. RFP TIMETABLE
RFP No, 137-99/00
Date: September 28, 2000
5
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
September 28, 2000
Deadline for receipt of questions
October 20, 2000
Pre-Proposal Conference
October 12, 2000 @ \0:00 a,m.
Deadline for receipt of responses
October 31, 2000 @3:00p.m,
Evaluation committee meeting
Week of November 6, 2000
Commission approval and
Contract award
December 6, 2000
C. PROPOSAL SUBMISSION
In order to be deemed fully responsive to this RFP, a proposer must complete and submit the
following forms and documents as part of its proposal.
\, References
2. Resume for Each Staff Member or Employee
An original and ten (10) copies of complete proposal must be received by October 3\, 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 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 D,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,
RFP No. 137-99/00
Date; September 28, 2000
6
D. PRE-PROPOSAL CONFERENCE
A pre-qualification conference is scheduled for 10:00 a,m. on October 12 at the following
address:
City Hall
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490, Proposers are
advised that from the date of release of this RFP until award of the contract, no contact with City
personnel related to this RFP is permitted. except as authorized by the contact person. Any such
unauthorized contact may result in the disqualification of the proposer'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 RFP 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 RFP. Proposers
should not rely on representations, statements, or explanations other than those made in this RFP
or in any addendum to this RFP. Proposers are required to acknowledge the number of addenda
received as part of their proposals. The proposer should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received,
F. PROPOSAL GUARANTY
None required.
G. MODIFICA TION/WITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications received after the
proposal due date and time will not be considered,
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the
proposal due date or after expiration of 90 calendar days from the opening of proposals without a
contract award, Letters of withdrawal received after the proposal due date and before said
expiration date and letters of withdrawal received after contract award will not be considered,
RFP No, 137-99/00
Date: September 28, 2000
7
H. RFP POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any
irregularities in this RFP or in any proposals received as a result of this RFP.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any work
performed in connection therewith, shall be the sole responsibility of the proposer(s) and not be
reimbursed by the City.
J. VENDOR APPLICATION
Prospective bidders 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 bidders may contact DemandStar.com at (800) 711-1712 or register on-line
at www.Demandstar.com.
It is the responsibility of the bidder to inform DemandStar,com concerning any changes, such as
new address, telephone number, or commodities.
It is the responsibility of the proposer to inform the City concerning any changes, including new
address, telephone number, or commodities,
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP,
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
proposer to furnish the services or goods originally described, or negotiate an alternative
acceptable to the City.
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to this RFP will
be available for public inspection after opening of proposals, in compliance with Chapter 286,
Florida Statutes, known as the "Govemment in the Sunshine Law",
RFP No, 137-99/00
Date; September 28, 2000
8
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or may
require proposers to give oral presentations based on their proposals, The City reserves the right
to enter into negotiations with the selected proposer, and if the City and the selected proposer
cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and
begin negotiations with the next selected proposer, This process may continue until a contract
has been executed or all proposals have been rejected, No proposer shall have any rights in the
subject project or property or against the City arising from such negotiations.
N. PROTEST PROCEDURE
Proposers 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
Proposers 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 proposer will in
no way relieve it from responsibility for compliance,
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commission, or
untimely withdrawal of a proposal before such award is made and approved, may result in
forfeiture of that portion of any proposal 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 proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
All proposers must disclose with their proposal the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, child) who is also an employee of the City of
Miami Beach, Further, all proposers must disclose the name of any City employee who owns,
either directly or indirectly, an interest often (10%) percent or more in the proposer or any of its
affiliates,
RFP No, 137-99/00
Date; September 28, 2000
9
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer 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 proposer 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 proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered to be an
independent contractor and that neither the proposer nor the proposer's employees and agents
shall, under any circumstances, be considered employees or agents ofthe City.
T. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crimes may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a contract with a public entity, and may not transact business with any public
entity in excess ofthe 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 proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws,
as amended from time to time. Proposers 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,
RFP No. 137-99/00
Date; September 28, 2000
10
V. CONE OF SILENCE
You are hereby advised that this RFP is subject to the "Cone of Silence," in accordance with
Ordinance No, 99-3164. From the time of advertising until the Executive Director of the RDA
issues his recommendation, there is a prohibition on communication with the RDA and/or 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 RDA Board and/or the
City Commission during any duly noticed public meeting, contract negotiations with the staff
following the award of this RFP by the RDA Board, or communications in writing at any time
with any city/rda employee, official, or member ofthe RDA Board and/or 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 RFP
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,
W. DEBARMENT ORDINANCE
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance
No, 2000-3234 (The City's Debarment Ordinance), Bidders 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/proposal 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,
RFP No, 137-99/00
Date: September 28, 2000
11
SECTION II -SCOPE OF SERVICES
When services are required, the City will establish a scope of services and distribute it to the
qualified firms or individuals contained in the Resource Library for the classification needed (Le.,
Network Administrator) with a solicitation requesting submittal of resumes of available
individuals, City staff will then review the responses and select the firm(s) with the
individuals(s) most qualified to perform the required task(s) and offering the most competitive
price and attempt to negotiate the time for performance, maximum number of hours to complete
the task( s), any special provisions, and payment schedule. The results of the negotiations will be
reduced to written Agreement which will include all City standard provisions for information
technology services to be acquired, The agreement will be approved as required and a Purchase
Order will then be issued,
It is anticipated, but not required, that the process for this procurement proceed in the following
manner:
REVIEW OF WRITTEN SUBMITTALS:
Firms should submit documents that provide evidence of capability to provide the services
required for this project. Attached to this RFP is a list of evaluation factors (see Attachment I)
that will be used by the City staff to prepare an analysis of the capability of each firm, This
analysis is a tool that will be used by the SelectionlNegotiation Committee to determine which
firms and individuals they will recommend to the City Commission for inclusion in the Resource
Library. THE CITY WILL NOT CONSIDER ORAL/WRlTTEN COMMUNICATIONS,
PRIOR TO THE CONCLUSION OF THE ST AFF ANALYSIS, WHICH VARY THE
TERMS OF THE SUBMITTALS.
WRITTEN AGREEMENT REQUIRED:
Firms and individuals recommended to be included in the Resource Library will be notified and
provided an agreement that must be properly executed and delivered to the Information
Technology Department no later than the date specified in the notice, FAILURE OF ANY
FIRM OR INDIVIDUAL TO SUBMIT A PROPERLY EXECUTED AGREEMENT BY
THE DATE SPECIFIED IN THE NOTICE MAY RESULT IN SAID FIRM OR
INDIVIDUAL BEING EXCLUDED FROM THE RESOURCE LIBRARY.
TECHNICAL STAFF PARTICIPATION:
Technical staff will have only such authority as may be delegated by the SelectionlNegotiation
Committee, Without such delegated authority, technical staff serves purely in an information
gathering capacity, The SelectionlNegotiation Committee may delegate authority to the staff to
negotiate contractual terms and conditions with the selected vendor, and those negotiations are
subject to Florida's Sunshine Law,
RFP No, 137-99/00
Date; September 28, 2000
12
SUBMITTAL:
The firm or individual should submit only the following documents as a submittal package:
. A single page letter designating areas of proposed services, Project Manager and Key Personnel.
. Attachment 4, "Schedule of Prices for Services to be Performed" or the same information in a
similar format.
. Sufficient information as to the qualifications of the submitter including at a minimum the
information as set forth and described in Attachment I, Evaluation Criteria.
. Required Occupational Licenses (if any), Authorizations to Do Business in Florida (if any) or
other certifications or registrations required,
Additional Material Will Be Discarded.
RFPNo, 137-99/00
Date; September 28, 2000
13
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
documentation 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,
4, Acknowledgment of Addenda and Proposer Information forms (Section VIII)
5. Anv other document required bv this RFP. such as a Ouestionnaire or Proposal
Guaranty .
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
Provide, at least, three (3) references for whom you have, or are now supplying services similar
to those requested for each of the above categories for which you wish to be considered, Include
name, address, telephone number and party to contact.
A resume of each staff member or employee that may be made available under this Resource
Library for each of the classifications listed below, to include any education, training, experience,
areas of expertise, specialized knowledge, proficiency in specific programming languages, etc.
EACH RESUME TO BE LIMITED TO ONE(l) PAGE (8-1/2 XII).
. Application Consultants having varying years of experience with the City's current
application systems which will include an overall assessment of applications in the
marketplace to best meet the City's needs,
RFP No, 137-99/00
Date; September 28, 2000
14
. AutoCAD or MicroStation Consultants having varying years of experience with a working
knowlede of CADD terminology, techniques, and practices to prepare Public Works type
engineering drawings, zoning maps or land use maps.
. Data Processing/lnformation Technology Programmers having varying years of
experience on mainframe, mini, and/or client/server platforms to perform data base and
programming functions which include analysis, cost and time estimations, design, coding,
accuracy validation and documentation in accord with County standard,
. Data Processing/lnformation Technology Systems Analysts having varying years of
experience on mainframe, mini, and/or client/server platforms to perform system analysis
functions which include analysis, cost and time evaluations, specifications, testing and
conversion, written and oral presentation and personnel supervision for database modeling
and system development in accord with City standards,
. Data Processing/lnformation Technology Systems Programmers having varying years of
experience to perform system programming functions which include analysis, cost and time
evaluations, identification of, specifications for, testing and conversion, written and oral
persentation, documentation and instructional material development and personnel
supervision for system software enhancement, modification and replacement in accord with
City standards,
. Data Communications Specialists with varying years of experience to perform data
communications functions which include network capacity planning and evaluation,
troubleshooting W ANs, LANs, and SNA networks, testing network equipment, completing
cable terminations for coax, Twisted pair, Type 1, or Category 5 cross-connects, installing
digital modems, CSU/DSUs, leased lines, IBM control units, muxes, and providing
documentation material.
. Data Processing Computer Operators having varying years of experience to perform
operator functions in an IBM Multiprise 2003 CMOS processor, RS6000, or AS400
environment which includes responsibilities for operating complex computer consoles,
monitoring electronic data processing equipment, operating peripheral equipment such as
printers, microfiche production equipment, and unit records equipment such as bursters,
folders, and decollators in accordance with City standards.
. Data Processing/lnformation Technology Consultants having varying years of experience
to perform major data processing strategic activities which could include such activities as
long range planning, disaster recovery, data center design, data modeling, EDl, etc.
. Data Processing/lnformation Technology Project Managers having, at least, eight (8)
years of experience in the management of various technological projects that reside on
mainframe, mini, and/or client/server platforms, including the automation of business
processes, project planning, and deployment.
RFP No, 137-99/00
Date; September 28,2000
15
. Geographic Information Systems Management and Technical Consultants with working
knowledge of Geographic Information Systems (GIS) software functions to provide
development, programming, maintenance, and analysis support for a City-wide geographic
database, Experience must include development and maintenance of complex automated
system applications using DEC Alpha workstations, UNIX operating system, and ARC/Info.
Experience programming ESRls Map Objects with Visual Basic very desirable,
. Internet, Intranet, Extranet and Fileillata Transfer Specialists having varying years of
experience to perform design, programming, testing, training, implementation, and system
maintenance activities,
. Network Design & Installation Consultants with varying years of experience to perform
network design functions which include: design and implementation of multi-vendor and
multi-protocol networks, systems integration, installation of intelligent hubs, routers, and
documentation of network results,
. Midrange Platform Specialists having varying years of experience to perform operations,
administration, software testing, maintenance, and documentation support in accordance with
City Standards on midrange platforms to include the HP 3000 system,
. Systems Network Consultants having not less than four (4) years of experience to perform
major design, integration, and consultation in a Novell Netware and Windows NT server
environment. This will also include the installation and troubleshooting, CNE or Master
CNE required,
. Systems Network Specialists having varying years of experience to perform installation,
administration and support of Local Area Networks (LAN) and PCs, Installations will follow
City standards, The software will include operating systems, applications and utilities, while
hardware will include PCs, file servers, notebooks and associated peripherals. Support will
include troubleshooting problems at the PC and file server level.
. Technical Instructors having varying years of experience to perform training and other
instructional functions related to data processing skills and technical environments to include
development of instructional materials, aids and plans in various areas of data processing
training in accord with City Standards,
. Technical Writers having varying years of experience to develop, write and revise various
materials including users manuals, documentation, tutorials, training material, etc., in various
areas of data processing in accord with City standards,
RFP No, 137-99/00
Date; September 28, 2000
16
SECTION IV -EV ALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
\, 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:
Experience and Qualifications of the Project Team
Proposed Fees
References
Experience and Qualifications of the Proposer:
The experience and qualifications of the proposer and/or its project team in providing the
requested services in each of the following functional areas for which you wish to be
considered:
. Personal Computers and Client/Server Platforms
. Midrange Computer Platforms such as HP 3000 and DECs
. Data Communications using Local Area Networks (LAN) and Wide Area Networks
(WAN)
. Establishing and Maintaining Local Area Networks (LAN) and Wide Area Networks
(WAN)
. Geographic Information Systems (GIS) and Computer-Aided Design (CAD)
. Internet/Intranet/Extranet Applications
. ED! Consulting and Technical Support
. Application Consulting Services
6, After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City,
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Date; September 28, 2000
17
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 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 ofthe 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
oftime,
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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Date: September 28, 2000
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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 DEFAULT
If through any cause within the reasonable control ofthe 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 ofliability 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,
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Date: September 28, 2000
19
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 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 performed 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, 137-99/00
Date; September 28, 2000
20
RFP No, 137-99/00
Date; September 28, 2000
SECTION VI -SPECIAL TERMS AND CONDITIONS
21
RFP No, 137-99/00
Date: September 28, 2000
SECTION VII -A TT ACHMENTS
1.Cone of Silence, Ordinance No. 99-3164
2. Debarment, Ordinance No. 2000-3234
22
SECTION VIII .PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
PROPOSER INFORMA nON
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 of the City,
and to waive any irregularities in the RFP or in the proposals received as a result ofthe 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. 137-99/00
Date; September 28. 2000
23
REQUEST FOR PROPOSALS NO. 137-99/00
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. I, Dated
Addendum No, 2, Dated
Addendum No, 3, Dated
Addendum No, 4, Dated
Addendum No,S, 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. 137-99/00
Date; September 28, 2000
24
DECLARATION
TO: Jorge M. Gonzalez
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. 137-99/00.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP No, 137-99/00
Date; September 28, 2000
25
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Foreie:n Cornoration:
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. 137-99/00
Date; September 28, 2000
QUESTIONNAIRE
26
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 similar 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 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 28, 2000
27
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.)
8,
Public Disclosure.
In order to determine whether the members of the
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Date; September 28. 2000
28
EvaluationCommittee 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.
RFPNo.I37-99/00
Date: September 28, 2000
29
DIVISION 3. 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 of responsibility,
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
personnel 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
foreseeably 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, S 1-2,
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;
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30
(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,
(c) 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 identity 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 I of every
even-numbered year; and the fee for biennial registration shall 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.
(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 finding 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, 9 3, 3-4-92; Ord, No, 92-2785,93,6-17-92)
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Date: September 28, 2000
31
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, S 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,
(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, S
11.0045.
(c) 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
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Date; September 28, 2000
32
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, S 6, 3-4-92; Ord, No. 92-2785, S 7, 6-17-92)
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Date: September 28, 2000
33
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone ofsilence.
(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 28, 2000
34
(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 ariy 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.
(c) 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
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Date: September 28, 2000
35
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, 91,1-6-99)
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
RFP No, 137-99/00
Date: September 28, 2000
36
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 Puroose of debarment.
fa) 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 pur'poses 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 Iii) 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 subiect 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 bv 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.
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(hI Civil iudgment means a iudgment or finding of a civil offense by any
court of competent iurisdiction.
(c)Contractor means any individual or other legal entity that:
(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,
(dl Conviction means a iudgement or conyiction of a criminal offensebe it a
felony or misdemeanor, by any court of competent iurisdiction. whether
entered upon a verdict or a plea, and includes a conviction entered upon a
plea of nolo contendere
{el Debannent 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 (i) below: a contractor
so excluded is debarred.
(f) Debannent 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) Pr0190RodoFGR.eo Greater weiaht of the evidence means proof bu infonnation
that. c01TlJ)ared with that opposina it .leads to the conclusion that the fact at issue
is more probablu 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) Leaal proceedina means any civil iudicial proceeding to which the City is a
party or anv criminal proceeding. The term includes appeals from such
proceedings,
(j) List of debarred contractors means a list compiled. maintained and
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distributed bv the Citvs Procurement Office, containinl!: the names of
contractors debarred under the procedures of this ordinance.
Section 2-399 List Of debarred contractors,
(a) The Citu's Procurement Office. is the aaencu charaed with the imolementation of
this ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors
debarred bu Citu departments, Such List shall be public record and shall be
available for public inspection and dissemination:
(2) Periodicallu revise and distribute the List and issue supplements. ifnecessaru. to
all departments. to the Office of the Citu Manaaer and to the Mauor and Citu
Commissioners: and
(3) Included in the List shall be the name and telephone number of the Citu official
responsible for its maintenance and distribution,
(h) The List shall indicate:
(1) 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
statutoru or reaulatoru authoritu:
(4) The effect of the debarment action:
(5) The termination date for each listina: .
(6) The contractor's certificate of competence or license number. when applicable:
(7) The person throuah whom the contractor is aualified. when applicable:
(8) The name and telephone number of the point of contact in the department
recommendina the debarment action,
<iJ The Citu's Procurement Office shall:
(1) In accordance with internal retention procedures, maintain records relatina to
each debarment;
(2) Establish procedures to provide.for the effective use of the List. includina internal
distribution thereof. to ensure that departments do not solicit offers from. award
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contracts to. or consent to subcontracts with contractors on the List: and
(31 Respond to inquiries concemina listed. contractors and coordinate such responses
with the department that recommended the action.
Section 2-400 Effect of debannent.
(a) Debarred contractors are excluded from receivina contracts. and departments shall
not solicit offers from, award contracts to. or consent to subcontracts with these
contractors, unless the Citu Manaqer detennines that an emerqencu exists iustifuinq
such action. and obtains approval from the Mauor and Citu Commission. which
approval shall be qiven bu 5/7ths vote of the Citu Commission at a reqularlu
scheduled Citu Commission meetinq. Debarred contractors are also excluded from
conductinq business with the Citu as aqents. representatives subcontractors or
partners of other contractors,
(h) Debarred contractors are excluded from actinq as individual sureties,
Section 2-401 Continuation of current contracts,
(a) Commencinq on the effective date of this ordinance. all proposed Citu contracts. as
well as Request for Proposals (RFP), Request for Oualifications (RFO), Requests for
Letters of Interest (RFLI). or bids issued be the Citu, shall incorporate this ordinance
and specifu that debannent mau constitute qrounds for tennination of the contract as
well as disqualification from consideration on any RFP. RFO. RFLI. or bid.
(bl The debannent shall take effect in accordance with the notice provided bu the City
Manaqer pursuant to subsection 2-405(h) below. except that if a Citu department has
contracts or subcontracts in existence at the time the contractor was debarred. the
debannent period mau commence upon the conclusion of the contract. subiect to
approval of same be 5/7ths vote of the Mauor and Citu Commission at a reqularlu
scheduled meetinq.
Ii> Citu departments mau not renew or otherwise extend the duration of current
contracts, or consent to subcontracts with debarred contractors. unless the Citu
Manaqer determines that an emerqencu exists iustifuinq the renewal or extension or
for an approved extension due to delau or time extension for reasons beuond the
contractor's control, and such action is approved bu 5/7ths vote of the Mauor and
Citu Commission at a reqularlu scheduled. meetinq.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuinq contract. where the work is divided into separate discrete qroups and the
Citu's refusal or denial of further work under the contract will not result in a breach of
such contract.
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Section 2-402 Restrictions on subcontractina,
(a) When a debarred contractor is proposed as a subcontractor for anu subcontract
subiect to Citu approval. the department shall not consent to subcontracts with such
contractors unless the Citu Manaaer determines that an emeraencu exists iustifuina
such consent. and the Mauor and Gitu Commission approves such decision. bu 5/7ths
vote, at a reaularlu scheduled meetina,
(b) The Gitu shall not be responsible for anu increases in proiect costs or other
expenses incurred bu a contractor as a result ofreiection of proposed subcontractors
pursuant to subsection 2-402(a) above. provided the subcontractor was debarred prior
to bid openina or openina of proposals, where the contract was awarded be the Gitu
pursuant to an RFP, RFO. RFLI. or bid,
Section 2-403 Debarment.
(a) The Debarment Committee mau. in the oublic interest. debar a contractor for anu of
the causes listed in this ordinance, usina the procedures outlined below. The existence
of a cause for debarment. however, does not necessarilu reauire that the contractor be
debarred: the seriousness of the contractor's acts or omissions and anu mitiaatina
factors should be considered in makina anu debarment decision,
(b) Debarment constitutes debannent of all officers. directors. shareholders ownina or
controllina twentu-five (25) percent of the stock. partners. divisions or other
oraanizational elements of the debarred contractor. unless the debarred decision is
limited bu its terms to specific divisions. oraanizational elements or commodities, The
Debarment Committee's decision includes anu existina affiliates of the contractor. if
theu are (I) specificallu named and (ii) aiven written notice of the proposed debarment
and an opportunitu to respond. P'uturo affilwtoa ef t.w oentr-e.oter are sueieot ta the
DoeflFffleRt Cemmittee'a decisien,
Ii> A contractor's debarment shall be effective throuahout Gitu Government.
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil
iudament.
(11 For commission of a fraud or a criminal offense in connection with
obtainina. attemptina to obtain. performina. or makina a claim upon a public
contract or subcontract. or a contract or subcontract funded in whole or in part
with public funds:
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(2) For violation of federal or State antitrust statutes relatina to the submission of
offers:
(3) For commission of embezzlement. theft. fomeru. briberu. falsification or
destruction of records. makinG false statements. or receivina stolen propertu:
(4) Which makes the Citu the prevailinG partu in a leaal proceedina. and a court
determines that the lawsuit between the contractor and the Citu was frivolous or
filed in bad faith.
(b) The Committee mau debar a contractor. (and. limited instances set forth
hereinbelow. a bidder or proposer) based upon a 13rCm,m&c1'6tnee the areater
weight of the evidence. for:
(1) Violation of the terms of a Citu contract or subcontract. or a contract or
subcontract funded in whole or in part bu Citu funds. such as failure to perform
in accordance with the terms of one (1) or more contracts as certified bu the Citu
department administerina the contract: or the failure to perform. or unsatisfactorilu
perform in accordance with the terms of one (1) or more contracts. as certified bu
an independent reaistered architect. enaineer. or aeneral contractor.
(2) Violation of a Citu ordinance or administrative order which lists debarment as
a potential penaltu.
(3) Ami ethcr cause which affcsts the res13sR.Sihilitt! sf a Cit1:l 001'l.traot-er ar
suhesntr-aotor in 13crforminEl Citu work,
Section 2-405 Debarment procedures.
(a) Requests for the debarment of contractors mau be initiated bu a Citu Department or
bu a citizen-at larae and shall be made in writina to the Office of the Citu Manaaer. Upon
receipt of a reauest for debarment. the City Manaaer shall transmit the request to the
Mauor and Citu Commission at a reGularlu scheduled meetina. The Mauor and Citu
Commission shall transmit the reauest to a person or persons who shall be charaed bu
the Citu Commission with the dutu of promptlu investiaatina and preparina a written
report(s) concernina the proposed debarment. includina the cause and arounds for
debarment. as set forth in this ordinance.
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(b) Upon completion of the aforestated written report. the Citu Manaaer shall forward said
report to the Debarment Committee, The Citu's Procurement Office shall act as staff
to the Debarment Committee and. with the assistance of the Oitu de~artmoRt person
or persons which prepared the report. present evidence and araument to the
Debarment Committee
@ Notice of proposal to debar. Within ten workina daus of the Debarment Committe
havina received
the reauest for debarment and written report. the Citu's Procurement Office. on behalf of
the Debarment Committee shall issue a notice of proposed debarment advisina the
contractor and anu specificallu named affiliates. bu certified mail, return receipt
reauested. or personal service. containina the followina information:
(1) That debarment is beina considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and anu named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a hearina shall be conducted before the Debarment Committee on a date and time
not less than thirtu (30) daus after service of the notice, The notice shall also advise the
contractor that it mau be represented bu an attorney. mau present documentaru evidence
and verbal testimonu. and mau cross-examine evidence and testimonu vresented aaainst
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) workina daus. prior to the scheduled hearina date. the contractor
must furnish the Citu's Procurement Office a list of the defenses the contractor
intends to present at the hearina. If the contractor fails to submit the list.
in writina. at least seven (7) workina daus prior to the hearina or
fails to seek an extension of time within which to do so. the
contractor shall have waived the opportunitu to be heard at
the hearina. The Debarment Committee has the riaht to arant
or denu an extension of time. and for aood cause. mau set
aside the waiver to be heard at the hearina. and its decision
mau only be reviewed upon an abuse of discretion standard.
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(e) Hearsau evidence shall be admissible at the hearina but shall
not form the sole basis for initiatina a debarment procedure
nor the sole basis of any determination of debarment. The
hearina shall be transcribed. taped or otherwise recorded bu
use of a court reporter. at the election Committee and at the
expense of the Citu, Copies of the hearina tape or transcript
shall be furnished at the expense and reauest of the
reauestina partu.
(fJ Debarment Committee's decision. In actions based upon a conviction
or iudament. or in which there is no aenuine dispute over
material facts. the Debarment Committee shall make a decision
on the basis of all the undisputed. material information in the
administrative record, includina anu undisputed. material
submissions made bu the contractor. Where actions are based
on disputed evidence. the Debarment Committee shall decide
what weiaht to attach to evidence of record. iudae the credibility
of witnesses. and base its decision on the 13re1313I'l.d.el'l.6L1'l;oo
areater weiaht of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's
decision shall be made within ten (10) workina daus after
conclusion of the hearina. unless the Debarment Committee
extends this period for aood cause.
(a) The Committee's decision shall be in writina and shall include the
Committee's factual findinas. the principal causes of debarment
as enumerated in this ordinance. identification of the contractor
and all named affiliate: affected bu the decision. and the
specific term, includina duration. of the debarment imposed,
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the Citu
Manaaer shall aive the contractor and anu named affiliates
involved written notice bu certified mail. return receipt
reauested. or hand deliveru. within ten (10) workina daus of the
decision. specifuina the reasons for debarment and includina a
copu of the Committee's written decision; statina the period of
debarment. includina. effective dates; and advisina that the
debarment is effective throuahout the Citu departments.
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(21 If debannent is not imposed. the Gitu ManaGer shall notifu the contractor and
anu named affiliates i7wellle€l .bu certified mail. return receipt reGUested. or
personal service. within ten (101 workinG daus of the decision.
(I) All decisions of the Debannent Committee shall be final and shall be effective on
the date the notice is siGned bu the Giro ManaGer, Decisions of the
Debannent Committee are subiect to review bu the Appellate Division of the
Circuit Court. A debarred contractor mau seek a stau of the debannent
decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406 Period of debannent.
(al The period of debannent imposed shall be within the sole discretion of the
Debannent Committee. Debarment shall be for a period commensurate with the
seriousness of the causers). and where applicable. within the GUidelines set
forth below, but in no event shall exceed five (5) uears.
(bl The followinG GUidelines in the period of debannent shall applu except where
mitiaatinG or aGGravatinG circumstances iustifu deviation:
(1) For commission of an offense as described in subsection 2404(al(11: five (51
uears
(21 For commission of an offense as described in subsection 2404(a)(21: five (51
uears,
(31 For commission of an offense as described in subsection 2404(a)(3): five (5)
years.
(4) For commission of an offense as described in subsection 2404(a)(-S41: two (21 to
five (5)
uears,
(51 For commission of an offense as described in subsections 2404(b)(1) or (21: two
(21 to five (5)
uears,
@ The Debannent Committee mau. in its sole discretion, reduce the period of
debannent. upon the contractor's written reGUest. for reasons such as:
(1) Newlu discovered material evidence:
(2) Reversal of the conviction or civil iudGment upon which the debarment was
based:
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(3) Bona fide chanae in ownership or manaaement:
(4)Elimination of other causes for which the debannent was imposed: or
(5) Other reasons the Debannent Committee deems appropriate.
(d) The de/E)(ilrmontdebarred contractor's written reQUest shall contain the reasons
for reQUestina a reduction in the debannent period. The Citu's Procurement
Office. with the assistance of the affected department shall have thirtu (30) daus
from receipt of such reQUest to submit written response thereto. ThiJ deciswR of
the Del96trmeRt Committee r<J6IElr-diRQ El r<JGlUcst made u1'l:dcr this sul9sectioR is
n1'l:fll ElRd ROR Ell9lgealElble.
SECTION2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
SECTION3. 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 ofMarch,200o,
PASSED and ADOPTED this 23rd day ofFebruary,2000.
IJA\II;F:IAITOAOUR\-- OERARMNI. ""0/
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