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99-23088 RESO RESOLUTION NO. 99-23088 A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PURCHASE OF PUBLIC ADVERTISEMENTS IN A SPANISH-LANGUAGE PERIODICAL, AND TO EXTEND THE EXISTING CONTRACT WITH ART DECO TROPICAL, ON A MONTH- TO-MONTH BASIS, UNTIL A NEW CONTRACT IS EXECUTED WHEREAS, on February 3, 1999, the Mayor and City Commission rejected proposals for RFP No.1 05-97/99, which was issued on September 9, 1998, for the purchase of public advertisements in a Spanish-language periodical; and WHEREAS, the Mayor and City Commission referred the issue to the Community Affairs Committee, and directed the Administration to issue a new Request for Proposals within thirty (30) days; and WHEREAS, at its regular meeting on February 24, 1999,the Community Affairs Committee revised the minimum requirements; and WHEREAS, accordingly, the Administration has compiled a new Request for Proposals (RFP) for providing the said services, and set a tentative date of April 5, 1999, as the deadline for receipt of proposals; and WHEREAS, Art Deco Tropical currently has a month-to-month agreement with the City to provide similar services as will be proposed pursuant to the RFP; and WHEREAS, the Administration is requesting that the City continue on a month-to-month agreement with Art Deco Tropical until a new contract is issued, pursuant to the proposed new RFP. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Administration to issue a revised Request For Proposals (RFP) for the purchase of courtesy public advertisements in a Spanish-language periodical, and to extend the existing contract with Art Deco Tropical, on a month-to-month basis, until a new contract is executed, PASSED AND ADOPTED THIS 3rd DAY OF March , 1999. Jw rAt LivA_ TY CLERK APPROVED p.S TO FORM & LANGUAGE & FOR EXECUTION MJ MAYOR 1A/. ~'-IU/1/ iiy r Do1e CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 hllp:l/cLmiami-beach, fl. us \ <lS-Cf1 COMMISSION MEMORANlllJM NO. TO: Mayor Neisen O. Kasdin and Members of the City Co mission DATE: March 3, 1999 FROM: Sergio Rodriguez City Manager SlJBJECT: A RES ON OF THE MA YOR AND CITY COMMISSION AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PURCHASE OF PUBLIC ADVERTISEMENTS IN A SPANISH-LANGUAGE PERIODICAL, AND TO EXTEND THE EXISTING CONTRACT WITH ART DECO TROPICAL, ON A MONTH-TO-MONTH BASIS, UNTIL A NEW CONTRACT IS EXECUTED ADMINISTRATION RECOMMENDATION: Adopt the Resolution, BACKGROUND: The City of Miami Beach desires to provide courtesy public advertisements in a Spanish-language periodical in an effort to inform the Miami Beach Hispanic population of job announcements, public hearings, and/or other public information. Placement of advertising will be based on available funds, The contract is for a one (1) year, with two (2) one-year renewal options, Art Deco Tropical currently has an extended contract with the City for this service. Prior to the award ofRFP No, 70-96/97 on September 15,1997, the City placed advertisements in Spanish in Art Deco Tropical for job announcements, public hearings and bids. At that time, Art Deco Tropical was one of the few circulated newspapers in Miami Beach that printed in Spanish, The contract with Art Deco Tropical stipulated that the periodical must be published on a weekly basis and they had lapsed in publishing weekly, A new RFP was issued on September 9, 1998, At the February 3, 1999 meeting, the City Commission rejected all proposals received in response to RFP 105-97/99, which was issued on September 9, 1998, for the purchase of public advertisements in a Spanish-language periodical. The City Commission referred the issue to the Community Affairs Committee and directed the Administration to prepare and return a new RFP to the Commission within 30 days, based on the recommendation of the Community Affairs Committee, The Community Affairs Committee met on Wednesday, February 24, 1999. The Committee agreed with the City Manager's recommendation to place courtesy notices in a Spanish-language periodical. The Administration further recommended including the r~commendations from the Evaluation Committee on the RFP that the periodical have a circulation of 50,000 and that the business location Agenda Item ~ If) 3-3-9 'l Date Page Two March 3, 1999 not be limited to Miami Beach. The Committee directed the Administration to rcyise the Minimum Requirements of the Request for Proposals (RFP) by reducing the circulation requirement to at least 5,000 and requiring the periodical to provide circulation for the three regions (north. middle and south) within the City. The City meets its legal advertising obligations by advertising in The Miami Herald, CONCLUSION: Upon approval of the Mayor and Commission, the City will issue the new RFP for the purchase of public advertisements in a Spanish-language periodical and extend the existing contract with Art Deco Tropical on a month-to-month basis until a new contract is executed, SR:tJ:nr }, , ~ \ ')\~ '\J ),.1 \' ) j ",,, tY'" ,j{ ~J RFP NO.: DATE: ( 'If! ( \ \ \ ,to C'. 'Ill \ \, \\" \it \ " ') \ \'1\ ti.\ \l CITY OF MIAMI BEACH RFP NO. 36-98/01 REQUEST FOR PROPOSALS FOR PURCHASE OF PUBLIC ADVERTISEMENTS IN A SP ANISH- LANGUAGE PERIODICAL SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN APRIL 5,1999 AT 4:00 P.M. CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 PHONE: (305) 673-7490 FAX: (305) 673-7851 36-98/01 3/4/99 CITY OF MIAMI BEACH 1 RFP NO.: DATE: CITY OF MIAMI BEACH RFP NO. 36-98/01 REQUEST FOR PROPOSALS FOR PURCHASE OF PUBLIC ADVERTISEMENTS IN A SP ANISH- LANGUAGE PERIODICAL SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN APRIL 5,1999 AT 4:00 P.M. CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 PHONE: (305) 673-7490 FAX: (305) 673-7851 36-98/01 3/4/99 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 TELEPHONE: (305) 673-7490 SUNCOM: (305) 933-7490 Sealed proposals will be received by the City of Miami Beach Procurement Director, 17Q(h,!I{Pra<JmtiwBOmiq:r Drive, Miami Beach, Florida, 33139, until 4:00 P.M. on the 5th day of April, ! 999 for: CITY OF MIAMI BEACH RFP NO. 36-98/01 PURCHASE OF PUBLIC ADVERTISEMENTS IN A SPANISH- LANGUAGE PERIODICAL At time, date, and place above, proposals will be publicly opened. Any proposal received after time and date specified will be returned to the proposer unopened. Proposal documents may be obtained upon request from the Procurement Division, telephone number (305) 673-7490, Bid Clerk. You are hereby advised that this RFP is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award ofan 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, A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLl 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. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any infonnality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. CITY OF MIAMI BEACH Michael A. Rath, CPPB Procurement Director RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 2 TABLE OF CONTENTS I. OVERVIEW AND PROPOSAL PROCEDURES II. SCOPE OF SERVICES III. PROPOSAL FORMAT IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION V. GENERAL PROVISIONS VI. SPECIAL TERMS AND CONDITIONS VII. ATTACHMENTS VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 3 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONIBACKGROUND The City of Miami Beach is soliciting proposals for the provision of public advertisements in a Spanish-language periodical in an effort to notify and inform the Hispanic public of job atmouncements, public hearings, and/or other public information. Placement of advertising will be based on available funds. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued and available for distribution March 4, 1999 Deadline for receipt of questions March 23 , 1999 Deadline for receipt of proposals AprilS, 1999, 4:00 p.m. Evaluation committee meeting April 9, 1999 Commission approval to accept ranking and authorize negotiations April 28, 1999 Contract negotiations April 29, 1998 Projected contract execution date May 15, 1999 C. PROPOSAL SUBMISSION An original and seven copies of the complete proposal must be received by AprilS, 1999 at 4:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the proposer, The City will in no way be responsible for delays caused by the u.s. Post Office or caused by any other entity or by any occurrence, Proposals received after the proposal due date and time will not be accepted and will not be considered. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 4 D. PRE-PROPOSAL CONFERENCE Not Applicable E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable, Facsimiles will be accepted at (305) 673-7851. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP due date. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in written addenda to this RFP. Proposers are required to acknowledge in their proposals the number of addenda that they received. Proposers should verify with the Procurement Division prior to submitting proposals that all addenda have been received. F. PROPOSAL GUARANTY None required. G. MODIFICATION/WITHDRAWALS OF PROPOSALS A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered, Proposals shall be irrevocable until contract award unless the proposal is withdrawn in writing prior to the proposal due date or upon expiration of sixty calendar days after the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP NO.: DATE: 36-98/0 I 3/4/99 CITY OF MIAMI BEACH 5 H. RFP POSTPONEMENT/CANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any proposals received as a result of this RFP, I. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne by the proposer(s) and not be reimbursed by the City. J. VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. All proposer(s) must register prior to award; failure to register will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00, The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. Where exceptions are rejected, the City may require the proposer to furnish the services or goods described herein, or negotiate an acceptable alternative, RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 6 L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected proposer. This process will continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Unsuccessful proposers may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after contract award by the City Commission, The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility, P. DEFAULT Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, such failure may be grounds for removing the proposer from the City's vendor list. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 7 Q. CONFLICT OF INTEREST The award of this RFP is subject to provisions of State Statutes and City ordinances. All proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting proposal, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. S. RELATION OF CITY It is the intent of the parties hereto that the successful proposer shall be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents 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 pubiic 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. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 8 SECTION II - SCOPE OF SERVICES The City of Miami Beach requests for purchase of public advertisement in a Spanish language periodical. Placement of advertising will be based on available funds. Departments or divisions placing advertisements shall issue a Standing Order or Purchase Order, and any invoices must reference the correct Standing Order or Purchase Order number in order for prompt payment to be made. The selected periodical will return to the appropriate Miami Beach department or division "tear sheets" that contain the printed version of the advertisement, or a complete copy of the edition that includes the ad. Payment will be made following publication of the advertisement and submission of an invoice. No other advertisements will be placed without the receipt of proof of the prior month's placed advertisements and invoice, The contract shall be for one year, effective from the date of award execution, with two one-year renewal options, at the sole discretion of the City. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 9 SECTION III - PROPOSAL FORMAT Proposals must contain the below-enumerated documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL 1, Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2, Proposal Points to Address: Proposer must respond to all minimum requirements listed below, and provide documentation which demonstrates ability to satisfY all of the minimum qualification requirements, Proposals which do not contain such documentation may be deemed non-responsIve, 3. Price Proposal Proposer must include advertising rates which will be charged to the City. 3. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 4. Any other document required by this RFP. such as a Questionnaire or Proposal Guaranty. B. MINIMUM REQUIREMENTS / QUALIFICATIONS: The periodical's principal business office must be geographically located in Miami Beach, Florida. Residential addresses and P.O. boxes do not qualifY as addresses. The periodical must have published weekly for at least 12 consecutive months prior to the issuance of the RFP, Copies of all issues from the prior 12 months must be provided to the City of Miami Beach. The periodical must publish on a weekly or daily basis. The periodical must forward a notarized statement of publication for the prior 12 months to the City of Miami Beach stating that circulation is at least 5,000 within Miami Beach, Florida. The statement will be subject to auditing by the City. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 10 RFP NO.: DATE: Provide a list of all locations where the periodical has been made available to the public for the last six months, including circulation figures for the three regions of Miami Beach (north, middle and south), Any changes made within the last six months must be described, and their effective dates must be provided. Proof to be submitted with proposal. The periodical must provide the City of Miami Beach with its proposed published rate card for its standard advertising rates as well as ad specifications including deadlines, The periodical must also provide the City of Miami Beach with a price guarantee for the term of the contract. The periodical must provide the City of Miami Beach with scheduled distribution dates, and the publication dates must be clearly stated on the masthead or cover of the periodical. The periodical will return to the Miami Beach department or division placing the ad tear sheets that contain the printed version of the ad or a complete copy ofthe edition on a weekly basis. Payment will be made following publication of the ad and submission of an invoice. No other ads will be placed without the receipt of the prior months tear sheet or issue of the newspaper containing the ad, and an invoice. The periodical must follow a general news format, covering local (Miami Beach), regional, national and/or international news, and limit editorial content to the periodical's editorial section. Also, the periodical must not serve as arms of a political party and/or represent any religious organization. The periodical must not be owned by any paid campaign consultan!. Any exceptions to these minimum qualifications must be clearly stated in proposals submitted in response to this RFP. The City makes no guarantee that it will accept any proposal, but will have the sole discretion to accept or reject any exceptions and/or proposals, and to accept any proposal deemed to be in the best interest of the City. 36-98/01 3/4/99 CITY OF MIAMI BEACH 11 SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations before the Evaluation Committee makes its recommendation. 5, The Evaluation Committee shall recommend to the City Manager the proposal or proposals that the Evaluation Committee believes to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: Certified circulation within Miami Beach and number of locations for distribution in Miami Beach Past history of publication, and ability and reliability to publish on a weekly basis Cost of placement of advertisement Format of periodical 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals that the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another proposal or proposals. In any case, the City Commission shall select the proposal or proposals that the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 12 8, Negotiations between the selected proposer and the City Manager shall take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9, A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has or have done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 13 SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 14 RFP NO.: DATE: 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 \\oTitten notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of the \\oTitten 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 shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. 36-98/01 3/4/99 CITY OF MIAMI BEACH 15 SECTION VI - SPECIAL TERMS AND CONDITIONS None SECTION VII - A TT ACHMENTS 1. Cone of Silence, Ordinance No. 99-3164 RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 16 ORDINA.NCE NO. 99-J 164 ..\;\i ORDINA1YCE OF THE (\tfA YOR AND CITY COtyfMISSION OF THE CITY OF MIA.l\tCI BEACH, FLORiDA ESTABLISHING A "CONE OF SILENCE" FOR CITY COMPETITIVE BWDING PROCESSES, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF ,vI [ A. M I B E A C HEN TIT LED '.ADMINISTR'\ TION," BY Al\tCENDING .-\RTICLE VII THEREOF ENTITLED "ST.-t.'iDARDS OF CONDUCT," BY CREA TING DP/ISION 4 ENTITLED "PROCURENIENT," BY CREATING SECTION 2-486 ENTITLED '"CO:\E OF SILENCE" BY PROVIDING FOR A DEFE'iITION, PROCEDURES, AND PENAL TIES; PROVIDING FOR REPEALER, SEV"ER-\.BILITY, INCLUSION IN THE CITY CODE, AND AN EFFECTI'VE DATE. WHERE.{S, the Mayor and City Commission of the City of,vfiami Beach are desirous of adopting a "Cone of Silence" procedure to protect the professional integrity of the City's competitive bidding process by Shielding the City's professional staff; and VVHEREAS. the policy proposed herein recognizes the importance of requiring persons or businesses who are parr 0 f the City's co mpetiti ve processes to diSclose all communi cations '" i th the City's professional staff; and WIiEREAS. communications between elected officials and the City's appointed sraffduring a competitive bidding process should be in WTiting so that it becomes a parr of the public tecord; and WHEREAS, C1e proposd policy protects the rights of individuals to petition their government and rheir elected officials; and SunShine Law, WHEREAS. the pOlicy pro Posed herein enhances the spiri t 0 f Florida' s Go vemmenr in the , ) J ;\'Olr. THEREFORE. BE IT ORDAINED BY THE MA YOR ANO Cfry CO[y[vfISSCO.''- OF THE CCTY OF iHI.-\:'vfI BEACH: S.r,CTrI}\' I, Seerion 2'~26. of Division ~ at' Article \if[ of Chap[d 2 at' [he Miami Beach Cit, Code is 'hcrc2.' -::rCJCe:G co rcJd JS foIL)\vs: Article Vrr. SCJndJrds of Conduce .Qivision..1 Pi,x~ricmenr .. " ~cc, 2--l8tl, Cone of Silence L ewrac" t<" [he Dr,wision nt' "nods and ser..ices ocher thao audi, r . '-,~ ~~ , . . . '"' ~, Contracts. U! "Cone ot' Silence" is herebv de nned to mean a rohibi'ion on: (a) anv communicarion re"ardin" a anicular Re uest tOr Prooosal ("RFP"1. Re uest ti" Oualinca[ions ("RFO" Re uest t'nr etters ot' Interest ("RF n. or bid be~"een 1 mential vendor. service rovider. bidder. lobbvist. or consultant and the Ci[v's Omressional staff Includio". but not limited to, the Cirv Mana"e.- and his or hoc stat'r: and Ib1 anv communication re"ardin' a anicular RFP,RF . RFLL Or bid between the Mavor. Cirv Commissioners, Or rheir res ecrive staffs and anv member ot' the itv's rot'essional staff Includin.. but not limited to. the Cirv Mana.er and his or her staff ;'io~vithstandin' the fore'oin" the Cone of ilence shaH not a COm eti tive mces <s for the award of CD B H ME. Hrp. md unax Fond administered bv the Miami Beach Office of Communirv Develooment. and communicJtions with the Citv :~.ITomev and his or her taff Il2J Procedure ill A Cone of Silence shaH be imoosed uoon each RFP. RF . RFLL and bid after the advertisement of said RFP. RF . RFLI or bid. At the time of imoosition of the Cone of Silence. the Cit\.. lvfanazer or his or he:- d~sionee shall rOl/ide for Dub/ic notice of the Cone of Silence. The: Citv lVranaOer shali include in anI,' Dub/ic so/icita(ion for o-oods and seriices a s(atemenr disclosino- (he reauireme:1ts of this ()rdinanc~ LiiJ The Cone of Silence shall terminate a) at the time the City Ivlana.er makes hi Or h~r WTItten recommendation as eo selection of a . ) \J ,:Iri'i<:rd:lr R FP R Fn R Fr_ r or bid r,) rhe: (~it,/ (~')mmlsSjiln: r)rnvrded hue,".,", U "H ,f ,he <: i ,', C"m m ';""0 C" ,;,,, 'he '\boo"ec' s r~'::()mmend;lrinn hack rn rhe Cir" \r.ln:1"~' nr ..;t;:tIT ri,r hmhe, review r/:<:: (~Ilne n( Silence "h;]11 h~ rr~;m ,n"ed Ilntil "uch rime JS the \r:ln:JiTer mJk~'; :1 srlhser'lle:H '.vrrrrl~n n~c()mmend:Hi')n, or nl in the eVent ot"cl)ntracts rnr Ie'):) thJnS Inoo!) nil when the Citv \rJnaO'er Q'eCUCes the Cnntr1Q c;,< 'c ':C "''''t]l Th" cee"" s,o os ,," ,h tS "cd i nDnce sholl not oonl',' to ocol c":~.-:;l/niCJtil)nSlt nr~-hid COn r~re~I;:~s, IIr,! ;)resenDcinns he:0re ~:-':~::.7r7 e'''.lu::Won cOrr!mrrtees Cnntt,]ct ;<:..;, c:..:i . ,~~ ciscussions durinr] Jnv dulv n')[:cec i'll/hire mee:lwr ouhlic oresenr;:t[inns iT'::::c.ie co rhe Ci[v Commissioners cr', ,1" 1n -, ,;,,/0. n""cd o"hl ic meenD" COntnct ne"oria'ions wirh C itv staff ,;'I'mv'n" 'he l'-'.le,j -)C' on RF? RFn, RFf I. "c bid bv the CIe,' Commission, i,''- ,;,)8municJri,)ns i" I.Vr,tInl] at .1n<: :ime with lnv Cirv emolo'iee. OIT/cial or -:ie~oe, or" ,he Ci[v Commission. unless )~ccirrcJ.Jlv orohibirec hv rhe one,i,onle R F? RFn RFU or nid docume"" The bidder Or OC'OOOSor 'hall ,,!< 2 ,noC' nr 2"V' '>TiITon commun i,ations with the Citv Cle" The CIe,' Ci~~k )hnl1 mJk~ cnoies J.vJil:J.ble ro .1nv ce'$I)n uaon ie~Uesr, ,..\, ~~Ci; ~:...: ~:-': rt:;. Cr' nrrJ.cs U! ht>,e '" Sibeeh is hecobV' dotined to me"n J omhin'''"n On: fa) anC' cl'"""'::t:lInic:l[)ilns rC'7Jrdinr')' J D2n:ic.:IJr RFP, RF(), RFU or hid he['l.veen a DOrei!r[o.! vencor, ~'~~':Tce oro~'icfer. bidder, 10l;bvis'L. or consulrJ.!1r and rhe '-Io',oc CIn, Commissi,iners',irtheir cesowlC'o ,rolfs, and JI]V memo"o,'the (i,.,', Omt;''''onal mtf includinr, but not I imitod to the eltv Manarer and his ,Ot her sroff and <H, anv oeal cnmmunication ceOatdin" a articulac RF?, RF". RFLL 'v bid hetween thevlavoc, Citv Commi,sioners oc their ies:'e~rive sr;]r~s lnc.i an\' member or'[he Cire"s 'Jrot'essional sraffincludinO'. '''' cot !imlred '0. the CItvvlanaoer anc' h" or her ;raff ''-''(withstandin" the t;'C,zninr, the Cone oc' Silence ,ha/! not aooI..- ,00 communications with tho Ci~'. ..\.rrome', 2nd his or her SlJIT. (,) E 'Ceo' as "'0 vided in ,uhseeti 0 ns 7 ( c \ and Of c) hereo', a Cone 0 f S ileDce 'hai' be imoosed Uooe eooh RFP, RF(), RFU or bid for audit cO" :~c:: sc:-"rces ilf:er rhe :ldve!Ciseme~c or. said RFP. RFO RFU. or bic..J..[ [he rime I)r ~;~~ imJ()sicion or' [he Con~ of Sile;:ce. [he Cic~' \bnao'e, or his Oi he:- c!.eSi'-':-<e~ shill! Jrl')'licie l~Jr [he ':'l.!.biic norice ofrhe Cone orSiie:1ce, The CaGe ni~S;:~nl~~~:"'ali_~' : -, ~'-"( ,_ . _. ,_' I,. J". ' . r,,-, '-,- ~l< . Le, "r/rlQ.[e !;:. "~,, -.._ ~,_, ."_,,_-,-_, -"~~-'_J _ .,_. ,,~_,_. __~._ ::::: ::---::;:: .2..,,:._~ 2) J.[ rhe rime [he Cirv :\fanaO'e:- makes his or her \VnITe;'! re~or;-;fT'endarion <IS [0 rhe se!ecrion of a aarricl.!./.::lr RFP, RF . RFU. or bid "0 'he Cie, Commission: orovided. ho""ovor, 'har if tho Cit',' Commissioe cet;'" the 'vfana "or's rooo m m en dati 0 n bae, to the C i tv 'viana rer 0 r sta ff fo c ' "<OThee "v'ew th" C"n., ,,( S ifen," ,1"11 I he "" m ,""ed ,,",if '''"I, t'm" ,,' the ".lnTlner mnke';" ",h'"r "ent wnITen r'''''mm"nd;If'''n Or hI '" 'n the event ,,( ,nnrenets fi" b, thnn 'I n nnn no, when the C,tv ,\Inn,,"er e"ecu'es the ~ [['.JQ L.;J \'."" inn "Ontol ned he"" nrhn II 7mh, h, tln v I, ,ddee or Om 'O'er' I il Irom "uk; nn ,,,1,1,,, nee,entntion s Ot d "I v n"",d ore ,I" d COnterene", ." heril" .:uh '''''ted "'fC,;".~ e';,ll"Otion '''mmmee meerrno>: I ,i, trom eooo"ino in "'orelet ""... tcr" ",e di';elf's,oos d "Ti O"m v d" I v n"ticed nuhl ic meetino; Ii i il t"m ''"'''''in'' in eonttJCt neon"nti"ns with r: i tv ,tJIT ", lowin" the JWard 0 f ,'" RFP RFn RFU or hid 'i" "udit hv 'he Cir..- Commission;oe l,vl ir.,m ,,'mm ';ntcJti co in wn [I nn wi th,n v' C i tv em 0 lovee or oftieiJI 'or ''';eoses of vee'" nn c br' "CJ[I"o nr 'dd i Unnal in,iJt7TIJ,ioo renm 'he C i Dc Or ;escondin" '" 'he Ce.', ; '"'J'St ,i'r clnn fie""'n ,)r :lddi tinnol in ti)t7TIQtion, ,ubie'eto rhe ""HI""S ,0 r' 'he }oolieohlc RFP RF n. R FU 'Je hid ,oncumen". The hidder "; ome"sor 5holl tile 0 eOnV' of }o., wonen communie}tinn With the Cin, Clerk "he C in' Cleek sh,1I moke cooies"}1 i ohie to the "ene",1 cubl ie UCon ~CU~li --' '\,,"' {r' ;0", '.'", d P d L.~~r_'. t.. .r' .'~.~' r ..' _lOa 10 ns. , ,no" res on mee ur~ '" "cc, .. ,jO ,0 t", "C "'- I, OJ , ro '. , c" '" r er" Q!l ~.'\o }!leaed "iab,ion 0' thi, Section ~ hv 1 carricular bidder or omcose, sholl subieer ,aid Oidde; Or mcoser 'n the same omcedure, 'et forth in Sections 2--'57'cl and (31 sh211 rende, on' RFP }Wed. RFn award. RFU award, or bid 1w""d to said bidder "r ornoo,ee "oid~, and snid bidde, or omoase, shaH not he COnsidered for an" ~FP RFO. ell oe bid for a Contract for 'he cro,ision of aaods Or service, tOr a oeriod of one veOr, A.nv ce'Snn who violates a oeQvision of this aedinance shal! be oeohioired reom servina 000 City 91'..,<:::: ,C Xf""::O^ evaluation comminee. '0 addi';on to ant' Other oeoalo,' omvidd br' law. violation or am ora vi sia, 0" oh is ord, nanee OV a C i tv erno I a"ee 'hali sub ;ect said e",clavae [0 disciolinaev ao::oo 'aD '0 'nd 'ocl'adin" dismissnl. .l,ddiriooallv, ao" oerso, who has oe;son21 kno'"'edae "f a vialnrion at' chis ."dinanee shall reOOrT such via lario n [0 the S mta AComa', anti 'oc '''a., rile 1 cn"Cdaim '.virh the Miomi-Dade Co'w'c Ethics C0mmissiQfl, L;;2 "'Jr.lin" <""'''od herai, shall oronihi, 10" IOhhvis" bidder, omooser, or '''':e' anon Oe anti tv rrom ouhl ie' v 1ddeassi n" the C i Dc Co,"," '''ioners dun n,' 00" dul v no,iced ou h I ie meatin" rea1edi Ocr action On an,' Judi, '" P9; eonrr:ler. rne CiD, \bo'''er shnll ',clude in ao" ouhlie .solicita,ion roc 'uO,ti n" '" '0'- fG servicas a ""tamant disci osi ncr rhe raouieements of this Q[c::-;Jnc~ " ScCTTor..,. 1, REPEALE:R. Thar:Il1 Ordinances Or parts of Ordinances in conflicr herewith be and rhe same are hereby repeJled. ~ECTTON -1 SEVER..\BfLfTX. r f any scerion. subsection. c buse or pro vis ion 0 f rhis Ordinance Is held In valid. the remainder shall not be 2.f:~~td by such invalidity. S.ECTION ~ CO 0 TFIC...\ TION. It is hereby ordained that the provisions 0 (rhis ordinance shall become and be made a pan: 0 f the It is the intention of the Mayor and City Commission of the City OfNuamj B<.1Ch. and Code of the Cio, of Miami Beach. Florida The sections of tltis ordinance may be renumbered Or relettered ro accomplish such intention. and the word "ordinance" may be changed to "section", "article." or athe:- appropriate Word. ~ECTTOi't~. -EFFECTIYF. DA TE. This Ordinance shall take effect On the 16ch day of January - , 1999. PASSED and ADOPTED this ~ day of January , 1999. ATTEST: JI); 1;. .I /If f p,,[A YOR i~ if' fcu.cL- - CITY CLERK . .~~"".:t.... UCUf:\".""c.:U'ltili:O"4t.''''I'''fJ APPROVED AS TO FORM & L.ANGUAGE & FOR EXECUTION 1st reading 12/16/98 2nd reading 1/6/99 ,) ?1/1t/jj~-~-~_ y Jo./9 t ..r4y AHo~ t).~,,:, RFP NO.: DATE: SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 1. Proposer Information 2. Acknowledgement of Addenda 3. Declaration 4. Questionnaire 36-98/01 3/4/99 CITY OF MIAMI BEACH 17 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 18 REQUEST FOR PROPOSALS NO. 36-98/01 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No, 1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No, 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date (Proposer - Name) (Date) (Signature) RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 19 DECLARA TION TO: Sergio Rodriguez City Manager City of Miami Beach, Florida Submitted this day of ,1998. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud, The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The proposer state that the periodical is not owned by a paid campaign consultant. The proposer states that the proposal is based upon the documents identified by the following RFP No. 36-98/01. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 20 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: Questionnaire (continued) RFP NO.: DATE: 36-98/01 3/4/99 QUESTIONNAIRE CITY OF MIAMI BEACH 21 If a Partnership: Date of organization: General-or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: Ouestionnaire (continued) RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 22 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this bid and Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 23 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships 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 MAYBE INVOLVED WITH THIS PROPOSAL. THIS LIST SHALL INCLUDE PUBLIC RELATION FIRMS, LAWYERS AND LOBBYISTS. THE PROCUREMENT DIVISION SHALL BE NOTIFIED IN WRITING IF ANY PERSON OR ENTITY IS ADDED TO THIS LIST AFTER RECEIPT OF PROPOSALS. RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 24 The proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a b~ckground investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: Signature (General Partner) (print Name) (print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary (CORPORATE SEAL) RFP NO.: DATE: 36-98/01 3/4/99 CITY OF MIAMI BEACH 25