252-2000 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
L.T.C. No. a5d-@::Joo
LETTER TO COMMISSION
November 22, 2000
TO: Mayor Neisen 0, Kasdin and
Members of the City Commission
FROM:
Jorge M, Gonzalez \~
City Manager O' 0
SUBJECT: 17th STREET SURFACE PARKING LOT RFQ
This Letter to Commission should serve to update you with respect to the site analysis and concept
plan to be developed for the 17th Street Site incorporating the New World Symphony expansion
plans. The Administration met with the City's rotating architects and it was determined that the study
would cost in excess of $25,000, thereby precluding us from using any of the consultants on our
rotational list. You will recall that when this issue was approved by the Commission, I was also
authorized to proceed with a Request for Qualification (RFQ), if necessary. Accordingly, we have
proceeded to issue an RFQ (Scope of Service and Evaluation criteria is attached). A pre-
qualification conference will be held on November 27,2000 at 10:00 a.m. in the City Manager's
Large Conference Room and proposals are due on December 3, 2000. A recommendation to the
Mayor and the City Commission is anticipated for the December 20, 2000 City Commission
meeting.
It is anticipated that the total cost of this study could be in excess of$100,000.
If you have any questions, please advise.
JMG/~/rar~
F:\CMGR\$ALL\RAR\LTC\17STPRKG.RFQ
Attachment
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CITY OF MIAMI BEACH
RFQ NO. 1-00/01
REQUEST FOR QUALIFICATIONS FOR
SITE UTILIZATION ANALYSIS AND DEVELOPMENT OF A
CONCEPT PLAN FOR THE 17TH STREET SURFACE PARKING LOTS
RESPONSES ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN 3:00 P.M. ON DECEMBER 4, 2000
-
CITY OF MIAMI BEACH
CITY HALL - THIRD FLOOR
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFQ NO.:
DATE:
1-2000/01
11/03/00
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CITY OF MIAMI BEACH
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 Qualification (RFQ) No. 1-00/01
SITE UTILIZATION ANALYSIS AND DEVELOPMENT OF A CONCEPT PLAN FOR
THE 17TH STREET SURFACE PARKING LOTS
OBJECTIVE
To conduct a site analysis to identify development/programming opportunities for the two (2) City-
owned parking lots located on 17th Street between Washington and Pennsylvania Avenues ("17th
Street Site"). The City seeks to identify potential opportunities that will co-locate and complement
the site's proximity to the cultural/convention/government civic center nucleus of the City, while
being neighborhood friendly and enhancing the area's quality of life, and that specifically incorporate
the New World Symphony's expansion plan.
Sealed qualifications will be received until 3:00 P.M. on December 4. 2000 at the following
address: City of Miami Beach, City Hal1- Procurement Division, Third Floor, 1700 Convention
Center Drive, Miami Beach, Florida 33139.
Any response received after 3:00 p.m. on December 4, 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.
A Pre-Qualification Conference is scheduled for 10:00 a.m. on November 27, 2000, at the following
location: City of Miami Beach, City Hall, Fourth Floor, City Manager's Large Conference
Room, Miami Beach, Florida.
The RFQ package is available by calling DemandStar.com at 1-800-711-1712.
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.
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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 infonnation or clarifications must be submitted in
writing to my attention, and may be forwarded via facsimile to: 305-673-7851.
Bidders are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance
No. 2000-3234 (The City's Debarment Ordinance).
CITY OF MIAMI BEACH
~7
<Iu's ~op;z, CPPO
Procurement Director
IICH2ISYSIPURCISALLIANNAIANNAIBIDSIOO-O 1 11.000 I.doc
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TABLE OF CONTENTS
Pal!e
I. OVERVIEW AND QUALIFICATION PROCEDURES S
RFQ TIMETABLE 7
II. RFQ TIMETABLESCOPE OF SERVICES 13
III. QUALIFICATION STATEMENT FORMAT 19
IV. EV ALUA TION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 21
V. GENERAL PROVISIONS 23
VI. SPECIAL TERMS AND CONDITIONS 2S
VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND 27
RETURNED TO CITY
VIII. ATTACHMENTS 36
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SECTION I - REOUEST FOR OUALIFICATIONS OVERVIEW AND RESPONSE
PROCEDURES:
A. INTRODUCTIONIBACKGROUND
On January 5, 1998, pursuant to the authorization of the City Commission, the
Administration issued a Request for Proposals (RFP) for the development of public-private
parking facilities in the area south of Dade Boulevard. The City issued the RFP in order to
solicit qualified development teams to bid on certain publicly-owned sites identified in the
RFP and/or to propose the development of parking on privately owned property. One of the
public properties was the 17th Street and Washington Avenue site ("17th Street site").
On April 1, 1998, the City Commission directed the Administration to amend the RFP to
remove the 17th Street site from the RFP due to its singular importance commanding the
need for its own RFP. Additionally, the Administration recommended that a professional
planning process be undertaken for the subject site in order to detennine its best long-range
use, and two other sites were identified as having similar important characteristics. Those
sites being the preferred lot between 18th and 19th Streets on Convention Center Drive and
the 72nd Street site in North Beach. It was further discussed that the previously mentioned
planning process also apply to these two sites. The matter was referred to the Land Use and
Development Committee.
At the Land Use and Development Committee Meeting of April 13, 1998, the Administration
described a planning process that would include a comprehensive review and evaluation of
pertinent urban planning and economic development issues, and community and
entertainment industry participation in the use assessment process. Examples of similar
planning processes were described that had been successfully used in the City such as the site
selection for the Library, the Bass Museum addition, the expansion of the Convention
Center, the revitalization of Ocean Drive, and the Convention Hotel area.
The Committee recommended that the City Commission direct the Administration to conduct
a proper planning process and the City Commission accepted the Land Use and Development
Committees recommendation on May 20, 1998. Thereafter, industry meetings and
roundtable discussions occurred that resulted in a recommendation to the City Commission
on July 20, 1998 to undertake the following:
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1. Create a Steering Committee
2. Appropriate funding related to the study and RFP process (to
be recouped upon award of the RFP).
3. Authorize the Administration to select and enter into
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contracts with professional consultants to assist with the
process and the enclosed material.
After a broad discussion, the City Commission concluded that the Administration should
proceed to prepare a request for proposals for the 17th Street site.
At the October 21, 1998 City Commission meeting, Michael Tilson Thomas, Artistic
Director of the New World Symphony (NWS) addressed the City Commission. Mr.
Thomas described the rapid growth and development of the NWS on a national and
international scale. Due to the success of the NWS, the rehearsal, technology and
workshop spaces within the Lincoln Theater on Lincoln Road is now limiting the
exploration of innovative styles of performance and the development of new audiences.
The City Commission recognized the importance of such a valuable cultural institution
and requested the Administration to amend the draft RFP to include the expansion needs
of the NWS as part of same.
On November 4, 1999, the Mayor and City Commission adopted Resolution No. 98-
22958 authorizing the issuance of a Request for Proposal (RFP) for a 5.86 acre
Public/Private Development Opportunity on the "17th Street Site", located between
Washington and Pennsylvania Avenues, 17th Street to Lincoln Lane. immediately north
of Lincoln Road. On February 17, 1999, the Mayor and City Commission voted to
cancel and withdraw the RFP.
Since the RFP was withdrawn, the subject site has been the subject of much staff
discussion relative to increased parking needs, enhanced transportation linkages, urban
design issues, historic district considerations, entertainment industry needs, convention
center staging uses and other potential development proposals.
On September 13,2000, Vice-Mayor Nancy Liebman requested a referral to the Land
Use Committee to discuss the New World Symphony's expansion plans and their
request for a long-term lease. The NWS proposes to expand into the southwest comer
of the surface lot on Pennsylvania Avenue and Lincoln Lane, directly behind the Lincoln
Theater. The estimated $15 million expansion would occupy approximately a 32,000
square foot print (1/3 of the site) and does not include any provisions for
new/replacement parking. These plans are described in the attached report prepared by
Project Core, Inc. Entitled "Soundspace at the New World Symphony", dated September
7, 2000, and call for the creation of a state-of-the-art facility for teaching, performance,
broadcasting, rehearsals, special performance and related events.
On September 18, 2000, the Land Use Committee adopted a motion recognizing the
importance of the NWS and the importance of accommodating the expansion needs of
the NWS, further recognizing the 17th Street and Washington Avenue site:
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CITY OF MIAMI BEACH
a. As an important civic area which should be used for a significant public
facility,
b. To accommodate expansion needs ofNWS, and
c. Recommended directing the Administration to prepare the necessary studies
to assess the impact for other needs within the site.
To accomplish the recommendations of the Land Use Committee, it is recommended that the
Administration contract to conduct a site utilization analysis and develop a concept plan for the 17th
Street and Washington Avenue Site, incorporating the proposed expansion of the NWS, and if
unsuccessful in negotiating such a contract, authorizing the issuance of a Request for Proposal to
conduct same.
B. RFQ TIMETABLE
The anticipated schedule for this RFQ and contract approval is as follows:
RFQ issued
November 3, 2000
Deadline for receipt of questions
November 29, 2000 @ 5:00 p.m.
Pre-Qualification Conference
November 27,2000 @ 10:00 a.m.
Deadline for receipt of responses
December 4,2000 by 3:00 p.m.
Evaluation/Selection process
Week of December 11, 2000
Projected award date
December 20, 2000
Projected contract start date
January 2, 2001
C. QUALIFICATION STATEMENT SUBMISSION
An original and ten copies of complete responses must be received by 3:00 p.m. on
December 4, 2000, and wilJ 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, 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 wilJ be solely and strictly that of the respondent. The City
wilJ 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 are
late and will not be considered.
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D. PRE-QUALIFICATION CONFERENCE/SITE VISIT
A pre-qualification conference will be held as follows:
Date: November 27, 2000
Time: 10:00 a.m.
Place: City of Miami Beach, City Hall, Fourth Floor, City Manager's Large Conference
Room, Miami Beach, Florida.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFQ is Gus Lopez, CPPO, Procurement Director. Mr. Lopez
may be reached by Phone: 305-673-7495; Fax: 305-673-7851; E-mail:
guslopez@ci.miami-beach.fl.us.
Respondents 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 respondent's submittal.
Requests for additional information or clarifications must be made in writinl! to the
Procurement Director no later than 5:00 D.m. on November 29. 2000.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addendum issued prior to the deadline for responding to the RFQ.
Respondents should not rely on representations, statements, or explanations other than those
made in this RFQ or in any addendum to this RFQ. Respondents are required to
acknowledge the number of addenda received as part of their responses. The respondent
should verify with the Procurement Division prior to submitting a response that all
addendums have been received.
F. RESPONSE GUARANTY
None required.
G. MODlFICATIONIWITHDRAWALS OF SUBMITTALS
A respondent may submit a modified response to replace all or any portion of a previously
submitted response up until the RFQ due date and time. Modifications received after the
RFQ due date and time will not be considered.
Responses shall be irrevocable until contract award unless withdrawn in writing prior to the
RFQ due date or after the expiration of one hundred twenty days from the opening of
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responses. Letters of withdrawal received after the RFQ due date and before said expiration
date, and letters of withdrawal received after contract award will not be considered.
H. RFQ POSTPONEMENT/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 the 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 respondent(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 orregister on-line at www.Demandstar.com.
It is the responsibility of the bidders 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
Respondents must clearly indicate any exceptions they wish to take to any of the terms in this
RFQ, and outline what alternative is being offered. The City, after completing evaluations,
may accept or reject the exceptions. In cases in which exceptions are rejected, the City may
require the respondent to furnish the services originally described herein, or negotiate an
alternative acceptable to the City.
L. SUNSHINE LAW
Respondents are hereby notified that all information submitted as part of a response to this
RFQ will be available for public inspection after opening of responses, in compliance with
Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law".
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M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require respondents to give oral presentations based on their submittals. The City
reserves the right to enter into negotiations with the selected respondent, and if the City 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
Respondents that are not selected may protest any recommendations for award by sending
a formal protest letter to the Procurement Director, which letter must be received no later
than 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
Respondents 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 other EEO regulations and guidelines. Ignorance on the part of
the respondent will in no way relieve it from responsibility for compliance.
P. DEFAULT
Failure or refusal of a respondent to execute a contract upon award by the City Commission,
or untimely withdrawal of a response before such award is made and approved, may result
in forfeiture ofthat portion of any surety required as liquidated damages to the City; where
surety is not required, such failure may result in a claim for damages by the City and may be
grounds for removing the respondent from the City's vendor list.
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Q. CONFLICT OF INTEREST
All respondents must disclose with their response the name(s) of any officer, director, agent,
or immediate family member (spouse, parent, sibling, child) who is also an employee of the
City of Miami Beach. Further, all respondents must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
respondent or any of its affiliates.
R. RESPONDENT'S RESPONSIBILITY
Before submitting a response, each respondent shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the full
performance of the contract. Ignorance of such conditions and requirements resulting from
failure to make such investigations and examinations will not relieve the successful
respondent from any obligation to comply with every detail and with all provisions and
requirements of the contract documents, or will be accepted as a basis for any claim
whatsoever for any monetary consideration on the part of the respondent.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful respondent be legally considered as an
independent contractor and that neither the respondent nor the respondent's employees and
agents shall, under any circumstances, be considered employees or agents of the City.
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 of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted
vendor list.
U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All respondents are expected to be or become familiar with all City of Miami Beach Lobbyist
laws, as amended from time to time. Respondents shall ensure that all City of Miami Beach
Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
herein, in addition to disqualification oftheir responses, in the event of such non-compliance.
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V. CONE OF SILENCE
You are hereby advised that this RFQ is subject to the "Cone of Silence," in accordance with
Ordinance No. 99-3164. From the time of advertising until the 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 RFQ by the RDA Board, or communications in writing at any time
with any city/rda employee, official, or member of the 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 respondent shall render this RFQ
award to said bidder or respondent void, and said bidder or respondent shall not be considered
for any RFQ, 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 RFQ 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 tennination 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 finn 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.
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SECTION II - SCOPE OF SERVICES
SITE UTILIZATION ANALYSIS AND DEVELOPMENT OF A CONCEPT PLAN FOR
THE 17TH STREET SURFACE PARKING LOTS
OBJECTIVE
To conduct a site analysis to identify development/programming opportunities for the two (2) City-
owned parking lots located on 17th Street between Washington and Pennsylvania Avenues ("17th
Street Site"). The City seeks to identify potential opportunities that will co-locate and complement
the site's proximity to the cultural/convention/government civic center nucleus of the City, while
being neighborhood friendly and enhancing the area's quality oflife, and that specifically incorporate
the New World Symphony's expansion plan.
SCOPE OF SERVICES
. Prepare Site Analysis that incorporates the following:
1. Evaluate current and future urban needs that could be accommodated on the site.
2. Recommendations on optimal programming for the site that takes into account surrounding
developments, as well as government, convention and civic center needs.
3. Provide a range of options that consider varying and optimal programmed uses.
4. Incorporate the proposed expansion of the New World Symphony into the west lot and identify
optimal site location and configuration, either in the east or west lots.
5. Evaluate potential growth and the future development needs for the City's office market and
hospitality, entertainment, arts and cultural industries.
. Conduct an analysis of parking that will increase the existing supply and address current
deficiencies, as well as the new parking requirements for new-programmed uses.
. Develop a conceptual design that complements the adjacent urban relationships and historic
district and respects a certain amount of open public (plaza) space.
. Develop preliminary cost estimates.
. Identify potential components that will enhance the economic viability and long tenn
sustainability of the surrounding area.
. Create and recommend optimal linkage between Espanola Way, Lincoln Road, the 17th Street
Site and TOPA/Convention Center, along Washington Avenue, Drexel Avenue and Pennsylvania
A venue with Drexel Avenue being focussed on as an enhanced pedestrian way from the new
Espanola Plaza to the Convention Center.
. Identify opportunities for gateway entrance features, recognizing this important entryway to the
government/convention/civic center area.
. Identify impact on Parking System to satisfy Bond covenants.
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NEW WORLD SYMPHONY EXPANSION PROPOSAL
Pursuant to the Interim Report prepared by Project Core Inc., entitled "Soundspace at the New World
Symphony", dated September 7, 2000, and attached hereto, describes the New World Symphony's
proposed expansion into the west surface parking lot north of the Lincoln Theater. These plans call
for the creation of a state-of-the-art facility for teaching, performance, broadcasting, rehearsal and
special performance and related events. Space requirements include approximately 30,000 square
feet depending on acoustical issues. This request represents at least 1/3 of the area of the west lot,
displacing approximately 80 parking spaces.
SITE DESCRIPTION AND HISTORY
The 17t1t Street Site is uniquely situated at the north edge of the City's Central Business District, at
500 17t1t Street. It encompasses two city blocks that are bounded by 17t1t Street on the North,
Washington Avenue on the East, Lincoln Lane on the South, and Pennsylvania Avenue on the West;
Drexel Avenue passes north/south through the middle of the site. It is surrounded on its northeast,
southeast and southwest quadrants by the National Register (Art Deco) Historic District, designated
in 1979 by the National Park Service; only the northwest quadrant is not bounded by this historic
district. In addition, the 17th Street Site is located in the center of the Historic Convention Village
Redevelopment and Revitalization Area, which was designated in 1993 as a Community
Redevelopment Area.
Today, the 17th Street Site substantially serves the Jackie Gleason Theater of the Performing Arts
(TOPA), the Lincoln Road Mall, including the New World Symphony (Lincoln Theater), and the
Miami Beach Convention Center. Of significant note, however, the West portion of the 17th Street
Site also provides, from time to time, an important exhibition staging lot for major events at the
Convention Center;. in particular, the Miami International Boat Show.
CURRENT ZONING STATUS
The 17t1t Street Site is currently zoned CCC Civic and Convention Center District, whose purpose
is to accommodate the facilities necessary to support the Convention Center. Main permitted uses
include parking lots, garages, performing arts and cultural facilities, hotels, merchandise marts,
commercial or office development, landscape open space and parks.
The existing maximum height limit is currently 100 feet or eleven (11) stories. The allowable Floor
Area Ratio (FAR) is 2.75.
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DEVELOPMENT AND DESIGN PARAMETERS
The development of the 17t1t Street Site will substantially define the image of Miami Beach's central
business district (CBD) for many decades to come; consequently, this development must be
considered with the greatest care. The 17th Street Site is the single largest, most strategically located
tract of open public land available for development in South Beach. It occupies more than five acres
at the intersection oftwo of the City's primary transportation corridors, 17tlt Street to the north and
Washington Avenue to the east. This unique location makes the site almost equally accessible to the
Atlantic Ocean beaches, the Collins Avenue hotel district, the rapidly redeveloping Lincoln Road
Mall, including the Lincoln Theater, the Washington Avenue commercial corridor, the Jackie
Gleason Theater of the Performing Arts (TOPA), the Convention Center, the emerging Bass
Museum/Cultural Arts Campus, major religious sites, including the Holocaust Memorial, Temple
Emanuel, and City Hall as well as Miami Beach's all important National Register (Art Deco) Historic
District.
City Officials and residents alike are aware of the substantial challenge that development of this
pivotal site will present.
CURRENT SITE FUNCTIONS AND ADJACENT URBAN RELATIONSHIPS
In defining the successful future development opportunities for the 17th Street Site, the following
current site functions and established urban relationships must be carefully understood and
reconciled in any recommended programming:
Site Functions
~ Primary Municipal Parking for Jackie Gleason Theater and New World Symphony
~ Special Staging Area Miami Beach Convention Center
~ Secondary Parking for Lincoln Road Mall Businesses and Miami Beach Convention Center
Established Adjacent Urban Relationships of Major Significance
~ Washington Avenue and Lincoln Road Retail and Commercial/Office Corridors
~ Lincoln Road Restaurant, Gallery, and Entertainment District
~ Fashion, Film, Music, Television and New Media Office Space
~ Public Art, Artists, and Artists Support Facilities on the Lincoln Road Corridor
~ The National Register (Art Deco) Historic District
~ Collins Avenue Hotel District
~ Atlantic Ocean Beaches
~ Multi-Modal Transportation Transfer Point (Metro-Dade Buses, Electro-Wave and
Taxis) at the Crossroad of 17th Street and Washington Avenue
CURRENT AND FUTURE URBAN NEEDS AND POTENTIAL PROGRAMMING
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~ Enhanced Parking for TOPA, the Convention Center, the New World Symphony, Lincoln Road,
and the Collins Avenue Hotel District
~ Strategic Periodic Staging Areas for the Convention Center
~ Expanded Support Facilities for the expanding Music, Film and Television Production
Industries
~ Class "A" Office Space adjacent to the heart of the City's "downtown" business area
~ Visitor and Tourism Information Center serving the National Register (Art Deco) Historic
District, Convention Center, TOPA and the New World Symphony, Bass Museum and Cultural
Arts Campus, Lincoln Road Mall, Washington Avenue and Espanola Way, Holocaust Memorial
and Religious Sites, Garden Center/Conservatory, Electro-Wave and Public Transportation
Systems, and the Atlantic Ocean Beaches
~ Inter-Modal Transportation Hub Facilities providing for local park and ride connections to multi-
modal transportation systems and various City destinations
~ Expansion of Lincoln Road Artist Studios and Support Facilities that nourish the City's cultural
life
~ CommerciallRetail Link or Anchor from 17th Street to Lincoln Road along Washington Avenue
~ Facilitating vehicular and especially pedestrian movement that links the Convention Center to
Lincoln Road Mall
Myriad factors will influence and shape the design of an appropriate project development program
on the 17th Street Site; certain of these factors, however, are of such import to the future success of
the City's Central Business District that they are elaborated upon in further detail as follows:
NATIONAL REGISTER (ART DECO) HISTORIC DISTRICT
Although the 17t1t Street Site was not included within the boundaries of the National Register
Historic District at the time it was designated in 1979, the Historic District bounds the Site on three
sides and is one of the most important contextual relationships to be addressed. Arguably, the
National Register (Art Deco) Historic District has been, and continues to be the single most tangible
influence fueling the City's extraordinary resurgence as a design and tourism mecca. The City
Commission, the Administration, Residents, Visitors, and Design Professionals alike will be closely
watching any development proposed for the 1 ~ Street Site; they will be measuring all proposals not
only for their functional merit but also for their sensitivity to Miami Beach's National Register
Historic District and the City's design legacy.
The City Administration as well as the Historic Preservation and Design Review Boards have clearly
signaled their ongoing interest in preserving the special urban character of the Beach while
advancing its cutting edge design continuum well into the future. Due to the shear magnitude of the
17th Street Project, and its anticipated impact on the Central Business District and adjacent Historic
District, all recommended programming must be clearly in tune with the unique character, urban
scale and materials of Miami Beach.
All recommended designs must strive to distill and advance the essence of Miami Beach's tropical
design tradition, as seen throughout the National Register District as well as elsewhere in the City.
16
RFQ NO.: 1-2000/01 CITY OF MIAMI BEACH
DATE: 1l/03/00
This does not mean that the architecture should be Art Deco; to the contrary, it means that the
architecture must respect the significance of Art Deco as well as other succeeding design movements
in Miami Beach Recommended design concepts must seek to produce the finest design of its time
within its urban environment, imbued with the spirit and optimism that is the hallmark of Miami
Beach.
PARKING AND CONVENTION CENTER STAGING USES AND REQUIREMENTS
The 17th Street Site must increase the existing supply of parking and address current deficiencies as
well as new parking requirements for the new-programmed uses. Preferably, proposed site
development will enhance the amount of parking currently available. This is critical, as there are 5
- 6 Convention Center shows annually that require maxed out parking for the lots as presently
configured. As Convention business in Miami Beach increases proportional to Consumer Show use,
parking requirements will probably level off, but they still remain a high priority.
The primary parking use of the 17tlt Street Site at this time, however, is for the Jackie Gleason
Theater. These lots are TOP A's primary parking, and typically valet plus those lots handle the vast
majority of theater needs, leaving the Preferred Lot (on the west side of Convention Center Drive)
as well as the 17th Street Municipal Garage available for normal Convention Center use.
A recent review by the City's Parking Director offers the following observations and comments that
must be given special consideration:
Current 17~ Street Site Parking Uses
~ Monthly decal parkers (general parking)
~ TOPA Parking for all events
~ New World Symphony Parking (Lincoln Theater) for all events
~ Transient Parking for customers, clients and visitors to Lincoln Road
Other Current 17~ Street Site Uses
~ Staging for the International Boat Show. The 5-A West Lot has provided an efficient and
effective way to marshal large yachts and other vessels into the Convention Center; prior
to the use of this lot, marshaling and holding took place on the Preferred Lot, on the West
side of the Convention Center, but this resulted in serious traffic jams at the intersection
of Meridian Avenue and Dade Boulevard.
~ Park and Ride Lot for the Electro-Wave and Special Events, such as Art Deco Weekend,
the Kite Festival, and Carnival.
Parking Revenue
~ Current Parking Revenues derived from the 17th Street Site are pledged to Parking
RFQ NO.:
DATE:
1-2000/01
1l/03/00
17
CITY OF MIAMI BEACH
Revenue Bonds; these revenues are substantial and include the following:
. Monthly Decal Parkers at $50/month = $225,795 annually
. Transient Parking = $1,352,299 annually
Future development recommendations must
~ address regular payment to the City's Parking Department for any amount that these lots
currently receive in revenue, inclusive of a reasonable revenue escalation clause for
future years
~ provide at a minimum 300 spaces for Monthly Decal Parkers to avoid placing an
unbearable strain on the remainder of parking along the Lincoln Road corridor
~ provide parking at a (negotiated) flat rate for TOP A and Lincoln Theater clients that
collected on entry to the parking in order allow for efficient exiting following shows
~ provide a facility, an accommodation or an acceptable arrangement, for the effective and
efficient marshaling oflarge vessels or other cumbersome exhibition items during major
Consumer Shows at the Convention Center, such as the International Boat Show
RFQ NO.:
DATE:
1-2000/01
1l/03/00
18
CITY OF MIAMI BEACH
SECTION II1- QUALIFICATIONS STATEMENT FORMAT
Submittals must contain the following documents, each fully completed, and signed as required.
Submittals that 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 submittals 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 that addresses the scope of work, the proposed approach to the
work, and any other information called for by the RFQ.
3. Price Proposal
None required at this time. Fees to be negotiated with top-ranked firm(s).
4. Oualifications
The minimum qualification requirements for this RFQ are described below.
Respondents must provide documentation that demonstrates their ability to satisfy
all of the minimum qualification requirements. Submittals that do not contain such
documentation may be deemed non-responsive.
5. Acknowledgment of Addenda and Respondent Information Forms (Section VIII)
6. Anv other document required bv this RFO. such as a Ouestionnaire or Response
Guaranty .
RFQ NO.:
DATE:
1-2000/01
10127/2000
CITY OF MIAMI BEACH
19
B. MINIMUM QUALIFICATION REQUIREMENTS
Each firm interested in responding to this Request for Qualifications must provide the following
information. Submittals that do not respond completely to all requirements will be considered non-
responsive and eliminated from the process.
1. Firm's Experience:
Indicate the firm's number of years of experience in providing architectural/engineering
services.
2. Proiect Mana2er'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. Individuals must have a
minimum of five years' experience in architecture/engineering, and have served as project
manager on similar projects on a minimum of three previous occasions.
3. Previous Similar Proiects:
A list of a minimum of ten similar projects must be submitted. Information should include:
* Client Name, address, phone number.
* Description of work.
* Year the project was completed.
* Total cost offees paid to firm.
* Total cost of the construction, estimated and actual.
4. Qualifications ofProiect Team:
List the members of the project team. Provide a list of the personnel to be used on this
project and their qualifications. A resume including education, experience, and any other
pertinent information shall be included for each team member, including subcontractors,
to be assigned to this project.
RFQ NO.:
DATE:
1-2000/01
10/27/2000
CITY OF MIAMI BEACH
20
SECTION IV - EVALUATION/SELECTION PROCESS
The procedure for response evaluation and selection is as follows:
1. 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,
respondents 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 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 on the following factors:
Firm's Qualifications and Experience
Experience and Qualifications of Project Team
Project Manager's Experience
Previous Similar Projects
Methodology and Approach
References Provided by Prior Project Owners
Volume of work previously awarded to each firm by the agency, with the object of
effecting an equitable distribution of contracts among qualified firms
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.
RFQ NO.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
21
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.
8. Negotiations between the selected respondent 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 respondent other than the top-ranked respondent if the
negotiations with the top-ranked respondent 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 respondent(s)
has (or have) done so.
Important Note:
By submitting a response, all respondents 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.
RFQ NO.:
DATE:
1-2000/01
10127/2000
CITY OF MIAMI BEACH
22
SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful respondent 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 respondent.
B. INDEMNIFICATION
The successful respondent 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
respondent, its employees, or agents in connection with the performance of service
pursuant to the resultant Contract; the successful respondent 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. TERMINATlQNFORDEFAULT
If through any cause within the reasonable control of the successful respondent, 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 respondent of the written termination notice.
In that event, the City shall compensate the successful respondent in accordance with
the Agreement for all services performed by the respondent prior to termination, net
of any costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful respondent 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 respondent, and the City may reasonably withhold payments to the
successful respondent for the purposes of set off until such time as the exact amount
of damages due the City from the successful respondent is determined.
RFQ NO.:
DATE:
1.2000/01
1012712000
CITY OF MIAMI BEACH
23
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
respondent of such termination, which shall become effective thirty (30) days
following receipt by respondent of the written termination 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 shaH compensate the successful respondent in accordance with the Agreement
for all services actually performed by the successful respondent and reasonable direct
costs of successful respondent for assembling and delivering to City all documents.
Such payments shall be the total extent of the City's liability to the successful
respondent upon a termination as provided for in this section.
RFQ NO.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
24
SECTION VI - SPECIAL TERMS AND CONDITIONS
A. INSURANCE
The successful respondent(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
genera1liability 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 Liability (Errors and Qmissions). 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.
F AlLURE TO PROCURE INSURANCE: The successful respondent'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.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
25
RFQ NO.:
DATE:
SECTIQN VII - DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
1-2000/01
1012712000
CITY OF MIAMI BEACH
26
RESPONDENT INFQRMA TlON
Submitted by:
Entity:
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by respondent that the City reserves the right to reject any and
all responses, 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 of the
RFQ. It is also understood and agreed by the respondent that by submitting a response,
respondent 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)
RFQ NO.:
DATE:
1.2000/01
1012712000
CITY OF MIAMI BEACH
27
REQUEST FOR QUALIFICATIONS NQ. XXX-XX/XX
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.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
28
Respondent's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Forei2n 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:
Questionnaire (continued)
RFQ NO.:
DATE:
1-2000/01
10/2712000
QUESTIONNAIRE
CITY OF MIAMI BEACH
29
If a Partnershin:
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:
Questionnaire (continued)
RFQ NO.:
DATE:
1.2000/01
1012712000
CITY OF MIAMI BEACH
30
4. Has the respondent 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 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 respondent 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 response:
(If none, so state.)
8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals bave 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
RFQ NO.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
31
receipt of proposals.
RFQ NO.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
32
The respondent 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 respondent
to be true. The undersigned respondent agrees to furnish such additional information, prior to
acceptance of any proposal relating to the qualifications ofthe proposer, as may be required by the City
Manager.
The respondent further understands that the information contained in tbis questionnaire may be
confirmed through a background investigation conducted by the Miami Beach Police Department. By
submitting this questionnaire the respondent agrees to cooperate with this investigation, including but
not necessarily limited to fingerprinting and providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
Signature
(General Partner)
(print Name)
(print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
RFQ NO.:
DATE:
1-2000/01
1012712000
CITY OF MIAMI BEACH
33
RFQ NO.:
DATE:
1-2000/01
10/27/2000
SECTION VIII - ATTACHMENTS
1. Lobbyists
2. Cone of Silence
3. Debarment
CITY OF MIAMI BEACH
34
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, DO 1,2,3-4-92; Ord. No. 92-2785, DO 1,2,6-17-92)
Cross reference(s)--Definitions generally, 0 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;
RFQ NO.:
DATE:
1.2000/01
10/2712000
CITY OF MIAMI BEACH
35
(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 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 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, 0 3,3-4-92; Ord. No. 92-2785, 0 3,6-17-92)
RFQ NO.:
DATE:
1-2000/01
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CITY OF MIAMI BEACH
36
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, 004,5,3-4-92; Ord. No. 92-2785,004,5,6-17-92)
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, 0 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 alllobbying 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. 0
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 attomey shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the
RFQ NO.:
DATE:
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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, 0 6,3-4-92; Ord. No. 92-2785,07,6-17-92)
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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 ("RFLl"), 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, RFLl, 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 ofCDBG, HOME, SHIP and Surtax Funds administered by
the city office of community development, and communications with the city attomey
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, RFLl, 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,
RFLl, 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, RFLl, 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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,
(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.
(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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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. 99-3164,0 1,1-6-99)
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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 Purvose of debarment.
(a) The City shall solicit offers from. award contracts to. and consent to subcontractors with resoonsible 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 onlv when it is in the public interest for the
City's protection. and not for purooses of punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2-398 Definitions.
(aJAfji/iates. Business concerns. organizations. lobbvists or other individuals are affiliates of each other if. directlv or
indirectly. (I) either one controls or has the power to control the other. or (ij) 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 bv
the other so to act: interlocking management or ownership: identity of interests among familv members: shared facilities
and eauipment: common use of emplovees: 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.
(bi Civil iudgment means a iudgment or rmding of a civil offense by any court of competent iurisdiction.
(c )Contractor means any individual or other legal entity that:
(I) Directlv or indirectlv (e.g. throUlrn an affiliate). submits
offers for is awarded.. or reasonablv mav 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 iudgement or conviction of a criminal offense. be it a felonv or misdemeanor. bv anv
court of competent iurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered
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upon a plea of nolo contendere
(e) Debarment means action taken bv the Debarment Committee to exclude a contractor (and. in limited
instances soecified in this ordinance. a bidder or proposer from City contracting and City aooroved
subcontractin2 for a reasonable. soecified period as provided in subsection (i) below: a contractor so excluded
is debarred.
(j) Debarment Committee means a !!fOUO of seven (7) individual members. each apoointed by the Mavor
and individual City Commissioners. to evaluate and. if warranted. to imoose debarment,
(g) Prc8911de,'allee Greater weil!:ht of the evidence means vroof bv information that. comvared with that
ovvosinl!: it .leads to the conciusion that the fact at issue is more vrobablv true than not.
(h) Indictment means indictment for a criminal offense. An information or other filin2 bv competent authority
chanzin2 a criminal offense shall be given the same effect as an indictment.
(1) Lel!:al proceedin" means anv civil iudicial proceeding to which the City is a partv or anv criminal
proceedin2. The term includes appeals from such proceedin2s.
OJ List of debarred contractors means a list compiled. maintained and distributed bv the Citys Procurement
Office. containing tbe names of contractors debarred under the orocedures of this ordinance.
Section 2-399 List Of debarred contractors.
(a) The Otv's Procurement Office. is the al!:encv charl!:ed with the implementation of this ordinance shall:
(J) Compile and maintain a current. consolidated list (List! of all contractors debarred bv Citv devartments.
Such List shall be public record and shall be available for public inspection and dissemination:
(2) Periodicallv revise and distribute the List and issue suvvlements. ifnecessarv. to all departments. to the Office
of the Citv Manal!:er and to the Mavor and Citv Commissioners: and
(3) Inciuded in the List shall be the name and telephone number of the Citv official resvonsible for its maintenance
and distribution.
(h) The List shall indicate:
(I) The names and addresses of all contractors debarred. in alvhabetical 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 ref!lllatorv authoritv:
(4) The effect of the debarment action:
(5) The termination date for each listinl!::
(6) The contractor's certificate of comoetence or license number. when QODlicable:
(7) The person throu"h whom the contractor is aualified. when avvlicable:
(8) The name and telephone number of the voint of contact in the department recommendinl!: the debarment action.
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o The Citv's Procurement Office shall:
(]) In accordance with internal retention Drocedures. maintain records fe/Grine to each debarment:
(2) &tablish procedures to providefor the effective use of the List. includinf! 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 inauiries concerninf! listed. contractors and coordinate such responses with the department that
recommended the action.
Section 2-400 Eifect of debarment.
(a) Debarred contractors are excluded from receivin!: contracts. and departments shall not solicit offers from. award
contracts to. or consent to subcontracts with these contractors. unless the City Manafler determines that an
emer!:encv exists iustifVinf! such action. and obtains approval from the Mavor and Ci/v Commission. which aooroval
shall be f!iven bv 5!7ths vote of the Citv Commission at a rel!"larlv scheduled Citv Commission meetinf!. Debarred
contractors are also excluded from conductinrz business with the Citv as arzents. reDresentatives subcontractors or
Dorlners of other contractors.
(h) Debarred contractors are excluded from actinll as individual sureties.
Section 2-401 Continuation of current contracts.
(a) Commencinf! on the effective date of this ordinance. all orooosed Citv contracts. as well as Request for
Proposals (RFP). Request for Oualifications (RFO). Reauests for Letters of Interest (RFLIi. or bids issued be the
Citv. shall incorporate this ordinance and specifv that debarment may constitute!:rounds for termination of the
contract as well as disaualification from consideration on any RFP. RFo. RFLI. or bid.
(h) The debarment shall take effect in accordance with the notice orovided bv the Citv Manaf!er oursuant to
subsection 2-405(h) below. except that if a Citv department has contracts or subcontracts in existence at the time
the contractor was debarred. the debarment veriod rnav commence UDon the conclusion of the contract. subject to
approval of same be 5/7ths vote of the Mavor and City Commission at a rel!"larlv scheduled meetin...
o Citv deDartments mav not renew or otherwise extend the duration of current contracts. or consent to
subcontracts with debarred contractors. unless the Citv Manaller determines that an emerllencv exists iustifvinf!
the renewal or extension or for an aooroved extension due to delav or time extension for reasons bevond the
contractor's control. and such action is aoproved bv 5/7ths vote of the Mavor and Citv Commission at a
ref!Ularlv scheduled. meetinf!.
(d) No further work shall be awarded to a debarred contractor in connection with a continuinf! contract. where the
work is divided into separate discrete f!roups and the Citv's refusal or denial offurther work under the contract will
not result in a breach of such contract.
Section 2-402 Restrictions on subcontractinf!.
(a) When a debarred contractor is proposed as a subcontractor for anv subcontract subiect to City aooroval. the
department shall not consent to subcontracts with such contractors unless the Citv Mana!:er determines that an
emertzencv exists iustifvinf! such consent. and the Mavor and Citv Commission aooroves such decision. bv 5/7ths
vote. at a reflUlarlv scheduled meetinfl.
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(h) The Citv shall not be resDonsible for any increases in Droiect costs or other exDenses incurred bv a contractor
as a result of reiection of DroDosed subcontractors Dursuant to subsection 2-402(a) above. Drovided the
subcontractor was debarred DTtor to bid ooeninf! or ooening of oroposals. where the contract was awarded be the
Citv Dursuant to an RFP. RFo. RFI.!. or bid
Section 2-403 Debarment.
(a) The Debarment Committee maY. in the Dublic interest. debar a contractor for any of the causes listed in this
ordinance. usiml the procedures outlined below. The existence of a cause for debarment. however. does not
necessarilv reauire that the contractor be debarred: the seriousness of the contractor's acts or omissions and any
mitiflatiml (actors should be considered in makiml any debarment decision.
(h) Debarment constitutes debarment of all officers. directors. shareholders ownin!{ or controllin!{ twentv-flVe (25)
vercent of the stock. Dartners. divisions or other orrzanizationa/ elements of the debarred contractor. unless the
debarred decision is limited bv its terms to sDecific divisions. orrzanizational elements or commodities. The
Debarment Committee's decision includes any existinfl affiliates of the contractor. if they are (J) svecificallv named
and (ii) rliven written notice of the Droposed debarment and an ODDortunitv to respond. FWffl~ afnliate5 sf '!he
eentNleter aJ'le sub':eet /8 the Deea;vilsnt CemmiUee'3 deeisi81'l.
o A contractor's debarment shall be effective throuflhout Citv Government.
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil iudflment.
(J) For commission of a fraud or a criminal offense in connection with obtainin'iJ. attemDtinfl to obtain.
oerformiml. or makin~ a claim upon a Dublic contract or subcontract. or a contract or subcontract funded in
whole or in Dart with Dublic funds:
(2) For violation of federal or State antitrust statutes relatinfl to the submission of offers:
(3) For commission of embezzlement. theft. forrzerv. briberv. falsification or destruction of records. makinl: false
statements. or receivinrz stolen property:
(4) Which makes the Citv the Drevailinrz Darty in a le'fal proceedinfl. 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 DroDoser)
based uoon a 8FeBsnde.""anBe the rzreater weirzht of the evidence. for:
(]) Violation of the terms of a Citv contract or subcontract. or a contract or subcontract fUnded in whole or in Dart
bv Citv fUnds. such as failure to Derform in accordance with the terms of one (J) or more contracts as certified bv
the Citv deoartment administerinf!. the contract: or the failure to lJerform. or unsatisfactori/v oerform in accordance
with the terms of one (]) or more contracts. as certified bv an indeoendent re~istered architect. engineer. or weneral
contractor.
(2) Violation of a City ordinance or administrative order which lists debarment as a Dotential vena/tv.
(3) .119Y' alher ea'N3S whish affeets the re5881Wihility sf a City 8e:1/PaBtv."" &." sftbOOnH'setBr in 8e:ifa",lir9~ City
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Section 2-405 Debarment vrocedures.
fa) Reauests for the debarment of contractors may be initiated bv a Citv Devartment or bv a citizen-at lar..e and shall be
made in writinll to the Office of the Citv Manav:er. Uvon receivt of a request for debarment. the Citv Manav:er shall transmit
the reQuest to the Mayor and Citv Commission at a rel!Ularlv scheduled meetin\!. The Mavor and City Commission shall
transmit the reauest to a verson or versons who shall be charv:ed bv the City Commission with the dutv of vromvtlv
investigatinf! and oreDaring a written reoort(s) concerning the oroposed debarment. inc/udiml the cause and grounds for
debarment. as set forth in this ordinance.
(b) Uvon completion of the qforestated written revort. the Citv Manav:er shall forward said revort to the Debarment Committee.
The Citv's Procurement Office shall act as staff to the Debarment Committee and. with the assistance of the Gffio
deea:4ment person or versons which oreDared the revort. Dresent evidence and areument to the Debarment Committee
o Notice of vroDosal to debar. Within ten workinv: days of the Debarment Committe havinv: received
the request for debarment and written revort. the Citv's Procurement Office. on behalf of the Debarment Committee shall issue
a notice of proposed debarment advisinv: the contractor and anv svecificallv named affiliates. bv certified mail. return
receiot reauested. or oersonal service. contain;>>,? the followl>>,? information:
(I) That debarment is bein.. considered:
(2) The reasons and causes for the DroDosed debarment in terms sufficient to put the contractor and anv named affiliates on
notice of the conduct or transactionfs) uvon which it is based;
(3) That a hearinv: shall be conducted before the Debarment Committee on a date and time not less than thirtv (30) days
after service of the notice. The notice shall also advise the contractor that it may be revresented bv an attornev. may
Dresent documentarv evidence and verbal testimonv. and may cross-examine evidence and testimony presented
Cl.flainstit.
(4) The notice shall also describe the effect of the issuance of the notice ofvroDosed debarment. and of the votential effect of
an actual debarment.
(d) No later than seven (7) workinv: days. vrior to the scheduled hearinrz date. the contractor must furnish the Citv's Procurement
Office a list of the defenses the contractor intends to vresent at the hearinrz. If the contractor fails to submit the list.
in writin\!. at least seven (7) workinrz days Drior to the hearin.. or fails to seek an extension of
time within which to do so. the contractor shall have waived the oDDortunity to be
heard at the hearinv:. The Debarment Committee has the rirzht to v:rant or denv an
extension of time. and for rzood cause. may set aside the waiver to be heard at the
hear/nfl. and its decision may onlv be reviewed unon an abuse of discretion standard.
fei Hearsav evidence shall be admissible at the hearinrz but shall not form the sole basis for
initiatinv: a debarment procedure nor the sole basis of anv determination of debarment.
The hearinrz shall be transcribed. taped or otherwise recorded bv use of a court
reDorter. at the election Committee and at the exvense of the Citv. Covies of the
hearin'i taDe or transcriDt shall be furnished at the expense and request of the
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reauestinv Dartv.
(f) Debarment Committee's decision. In actions based UDon a conviction or iudrmzent. or in which
there is no Ilenuine disoute over material facts. the Debarment Committee shall make a
decision on the basis of all the undisouted. material information in the administrative
record includinll aw undisouted material submissions made bv the contractor. Where
actions are based on disouted evidence. the Debarment Committee shall decide what
weillht to attach to evidence of record. iudlle the credibilitv of witnesses. and base its
decision on the 8re8o",lenlHlce greater weillht of the evidence standard The Debarment
Committee shall be the sole trier offact. The Committee's decision shall be made within
ten (1OJ workin'i{ davs alier conclusion of the hearinll. unless the Debarment Committee
extends this oeriod for Ilood cause.
(If) The Committee's decision shall be in writinll and shall include the Committee's factual findinlls.
the orincioal causes of debarment as enumerated in this ordinance. identification of the
contractor and all named affiliate: affected bv the decision. and the soecific term.
includinll duration. of the debarment imoosed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the Citv Manaller shallllive the
contractor and aw named affiliates involved written notice by certified mail. return receiot
reauested. or hand delivery. within ten (1OJ workinll davs of the decision. svec(fvinll the
reasons for debarment and inc/udimz a CODV of the Committee's written decision: statinfl
the oeriod of debarment. includinll. effective dates: and advisinll that the debarment is
effective throUllhout the City devartments.
(2) If debarment is not imoosed.the City Manaller shall notiN the contractor and anv named affiliates ilfV8hed
.bv certified mail. return receiot reauested. or Dersona/ service. within ten OD) workinfl daYs of the
decision.
(J) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is sillned
bv the Citv Manaller. Decisions of the Debarment Committee are subiect to review by the Avvellate
Division of the Circuit Court. A debarred contractor mav seek a stav of the debarment decision in
accordance with the Florida Rules of Avoellate Procedure.
Section 2-406 Period of debarment.
(a) The veriod of debarment imoosed shall be within the sole discretion of the Debarment Committee. Debarment
shall be for a veriod commensurate with the seriousness of the causefsl. and where aoplicable. within the
Iluidelines set forth below. but in no event shall exceed five (5) vears.
(h) The followinll 'i{uidelines in the period of debarment shall avolv excevt where mitillatinll or allllravatinll
circumstances iustifv deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) vears
(2) For commission of an offense as described in subsection 2404(a)(2): feve (5) vears.
(3) For commission of an offense as described in subsection 2404(0)(3): five (5) years.
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(4) For commission of an offense as described in subsection 2404(a)(M): two (2) to fIVe (5)
vears.
(5) For commission of an offense as described in subsections 2404(b)(l) or (2): two (2) to five (5)
vears.
o The Debarment Committee mav. in its sole discretion. reduce the veriod of debarment. uvon the contractor's
written reauest. for reasons such as:
(1) Newlv discovered material evidence:
(2) Reversal of the conviction or civil iudo:ment uvon which the debarment was based:
(3) Bona fide chano:e in ownershiv or manao:ement:
(4)Elimination of other causes for which the debarment was imposed: or
(5) Other reasons the Debarment Committee deems avvrovriate.
(d) The deb",'mentdebarred contractor's written reauest shall contain the reasons for reauestino: a reduction in the debarment
veriod. The Citv's Procurement Office. with the assistance of the affected devartment shall have thirtv (30) davs from receivt of
such reauest to submit written reSDonse thereto. The aeeisiBl'l sf the DeBaFl'iJs:Jt Cemmittee re~djJi~ a P'e(;lN8st mtilde ftl19de.M thit]
s"baee/is" is tilt,,1 "lid n8:, "veealable.
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 of March.2000.
PASSED and ADOPTED this 23rd day ofFebruarv.2000.
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