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2017-29699 Reso
RESOLUTION NO. 2017-29699 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND . CITYWIDE PROJECTS COMMITTEE WITH RESPECT TO ADVERTISING OPPORTUNITIES WITHIN CERTAIN MUNICIPAL PARKING GARAGES, AND AUTHORIZING THE ADMINSTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-081-WG, FOR MUNICIPAL PARKING GARAGE ADVERTISING SERVICES. WHEREAS, on May 11, 2016, the City Commission, referred to the Finance and Citywide Projects Committee (the Finance Committee) a discussion item to consider advertising opportunities within municipal parking garages, provided the advertising is not visible from the right-of-way; and WHEREAS, the Finance Committee discussed this issue at its June 17, 2016 meeting, and asked staff to research the feasibility of advertising within the City's municipal parking garages; and WHEREAS, the Finance Committee further discussed the issue at its September 30, 2016 meeting, and directed staff to obtain industry input regarding potential opportunities; and WHEREAS, if the City were to approve advertising at specified locations within nine (9) City- owned parking garages, the City could potentially yield between $136,000 and $300,000 in revenue annually and could do so in a manner that does not create an overly-commercialized environment; and WHEREAS, on December 14, 2016, the Finance Committee recommended issuance of a Request for Proposals for potential advertising partnerships/opportunities within the City's nine (9) municipal parking garages; and WHEREAS, pursuant to the Finance Committee's recommendation, the City Manager recommends the issuance of an RFP for Municipal Parking Garage Advertising Services. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accepts the recommendation of the Finance and Citywide Projects Committee, and authorized the Administration to issue Request for Proposals (RFP) NO. 2017-081-WG, for Municipal Parking Garage Advertising Services. i PASSED AND ADOPTED this �" day of JAyN4r /, ATTEST: ,.• —114 j` 1? :4,� B.�/1 c:-. •2. Rafael.Gra do, Cit Clerk •"•.0'; Levi;' e�A • „I ce: - -wie R�, el.: i1 / -0 \ ( / , APPROVED AS TO , :' • FORM&LANGUAGE Garage NDA\2017\1 - January\Procurement Department\R. 247. 161,WG MuGcipal Pa, g _ ge Advertising Services\RFP 2017-081-4 FORD O LION Garage Advertising Services-ISSUANCE RESO.doc / r . :„,' VY J -q f.f C _ 2,<,;,, ' .. 4_0,, r.... (L - Li '((' City Attorney 124e. Date Resolutions - C7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING AND AUTHORIZING THE ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-081-WG, FOR CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES. RECOMMENDATION Approve the resolution. ANALYSIS At the May 11, 2016 City Commission meeting, Commissioner John Elizabeth Aleman referred a discussion item to consider advertising opportunities within municipal parking garages not visible from the right-of-way. Subsequently, staff engaged in a review of potential advertising partnerships/opportunities within the City's nine (9) municipal parking garages that would generate income to the City in a manner that does not create an overly-commercialized environment, and that are sensitive to existing restrictions in City Code. These revenue enhancement opportunities range in the potential income that they may derive to the City. It was concluded that a competitive process (a Request for Proposals, or RFP)would be the best mechanism to identify potential partners. SCOPE OF SERVICES The City of Miami Beach is soliciting proposals from qualified firms to secure local and/or national advertisers, to manage advertising for the City's municipal parking garages, to include production, installation and maintenance of advertising fixtures, boards, static displays, backlit displays, and others as may be approved by the City. The purpose of this RFP is to generate revenue for the City while allowing advertising within City guidelines. The City will retain the right and ability to identify the quantity and location of any proposed advertising program within our garages to ensure that they meet our expectations in terms of aesthetics. • MINIMUM QUALIFICATIONS. Please Reference, Appendix•C, Page 25, RFP 205 2017-081-WG City Municipal Parking Garage Advertising Services (attached). • SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFP 2017-081-WG City Municipal Parking Garage Advertising Services (attached). • CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 14, RFP 2017-081-WG City Municipal Parking Garage Advertising Services (attached). CONCLUSION The City Manager recommends that the Mayor and Commission approve the resolution accepting the recommendation of the Finance and Citywide Projects Committee and authorizing the issuance of the RFP No. 2017-081-WG for Municipal Parking Garage Advertising Services, which is subject to funds availability approved through the City's budgeting process. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As A World Class Destination FINANCIAL INFORMATION Grant funding will not be used for this project. This contract is intended to generate revenue for the City. Legislative Tracking Marketing & Communications /Procurement ATTACHMENTS: Description ❑ Draft Solicitation 206 REQUEST FOR PROPOSALS ( RFP) CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES 2017-081-WG RFP ISSUANCE DATE: JANUARY 12, 2017,e, PROPOSALS DUE: FEBRUARY 28, 2017 © 3:00 PM FEBRUARY ISSUEDEIY: MIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6650 I www.miamibeachfl.gov 207 • ® TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 PROPOSAL EVALUATION 14 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B NO PROPOSAL" FORM 23 APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 28 APPENDIX E REVENUE PROPOSAL FORM 30 APPENDIX F INSURANCE REQUIREMENTS 32 • r 4 • �Y. RFP 2017-081-WG 2 208 SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is soliciting proposals from qualified firms to secure local and/or national advertisers to manage advertising for the City's municipal parking garages, to include production, installation and maintenance of advertising fixtures, boards, static displays, backlit displays, and others as may be approved by the City. The purpose of this RFP is to generate revenue for the City while allowing advertising within City guidelines. 3. ANTICIPATED RFP TIMETABLE. The tentative schedule for-this solicitation is as follows: RFP Issued January 12, 2017 Pre-Proposal Meeting January 25, 2017 @ 2:00PM Deadline for Receipt of Questions February 17,2017 @ 3:00PM Responses Due February 28, 2017 @ 3:00PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD 47r.- Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact need below: Procurement Contact: Telephone: Email: William Garviso,CPPB 305)673-7000#6650 william•arviso @miamibeachfl.gov Additionally, the City Clerk is to be co•iedoon all communications via e-mail at RafaelGranado • miamibeachfl.•ov; or via facsimile: 786-3944188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. RFP 2017-081-WG 3 209 tTi 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: • City of Miami Beach Procurement Department-3rd Floor Conference Room C 1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal.effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted, in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may,result in disqualification of proposal. Written questions should be received no later than the date outlined in thelAntieipated RFP Timetable section. 7. CONE OF SILENCE. This_RFP is subject to, and all proposers are expected to be or become familiar with, the 4�_ City's Cone. of Silence Requirements, as''cddified in Section 2-486 of the City Code. Proposers shall be solely responsible'for, ensuring that all applicable provisions of the City's Cone of Silence are complied with and shall be subject to ar y and all sanctions, as)rescribeFd therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein;with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov RFP 2017-081-WG 4 • • 210 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485,3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WALE REQUIREMENT CITY CODE SECTIONS 2 407 THROUGH 2 110 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • • FALSE CLAIMS ORDINANCE CITY'CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS.This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied-with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the eventof such non-compliance. 11. DEBARMENT-ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH-THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are expected to be?or.,become familiar with, thetity's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 ofythe City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. RFP 2017-0 81-WG 5 211 i L... 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. NOT USED. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise;;.and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s);;or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or.written request for quotation, and such proposals are responsive, responsible and otherwise4equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The:final ranking results of,Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered bythe CityManager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scon g results identified herein and takes into consideration Miami Beach City Code Section 2-369,.jncluding tt e,following considerations: (1)The ability, capacity and skillof the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The,character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The-quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. • RFP 2017-081-WG 6 • 212 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. Postponement/Cancellation/Acceptance/Rejection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain,all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involvedywith the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is.the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered tb'be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in-Section 38F-4t03 of the<Florida Administrative Code delivered'as a result of this proposal must be accompanied by a Material Safety Data Seet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation . or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. RFP 2017-081-WG 7 213 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,. proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will . be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute,:a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result • in a claim for damages by the City and may be grounds for removing the'Rroposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or,certifications required by applicable laws or regulations in full force and effect duringthe term of this;contract:" Failu of Proposer to comply with this paragraph shall constitute a material breach of'this contract. Where contractor is required to erter or go on to City of Miami Beach property to deliver materials or perform work or services asa result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws"wThecontractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers,employees,.:contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONSAny and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. RFP 2017-081-WG 8 • 214 • • 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not.assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency 38. VOLUME OF WORK TO:BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed'in this solicitation from the contractor. However, the City reserves the right to purchase''any.goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchise provisions. 39. DISPUTES. In the.event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. RFP 2017-081-WG 9 215 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida,Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily'ena-necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in P ossession of the contractor u oniterr ination4oth e contract and destroy any duplicate public records that ar e exempt or confidential and exempt frompublic records disclosure requirements. All records stored electronically must be provided to the public:agency in a format that is compatible with the information technology systems of the o public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, odes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including;,without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guideline and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and 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 entity or any of its affiliates. RFP 2017-081-WG 10 216 45. 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 withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 46 EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). 47. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless otherwise noted herein. 49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000).or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these are determined to be fair and reasonable, then the quote(s) additional work will be awarded to the current contract vendor(s)that offers the lowest acceptable pricin65 The_,additional items shall be added to this contract by through a Purchase Orderr(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal-amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 50. JOINT VENTURES:dJoint Ventures are not allowed. The City will contract with a Prime Contractor only. Each proposal shall be submitted by the Prime Contractor only. However, proposals may include sub-contractors or sub- consultants to the Prime Contractor. • Balance of Page Intentionally Left Blank RFP 2017-081-WG 1 1 217 SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened.The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non-responsive and will not be considered. TAB1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire& Requirements Affidavit (Appendix A).Attach Appendix A fully completed and executed. TAB2 Experience&Qualifications 2.1 Qualifications of Proposing Firm.Submit detailed information regarding the firm's history and relevant experience which demonstrates a level of expertise, technical knowledge, innovation and overall capacity to provide the proposed advertising services as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as.evidence of similar experience, the following is required: project description, agency name, agency contact,contact telephone&email, and year(s)and term of engagement. 2.2 Qualifications of•Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, therole that each team member will play in providing the services detailed herein and each team members'.qualifications, to include record of advertising sales. A resume of each individual, including education, experience, and any other pertinent information,shall be included for each Proposal team member to be assigned to this contract. ry, 2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall requestthe SQ10eport from D&B at: https:l/suppl ierportal.d nb.com/webapp/wcs/stores/servlet/SupplierPorta l?storeld=11696 Proposers are responsible-for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. RFP 2017-081-WG 12 218 • ® t.. • ^ TAB::3- Scose of Services Proposed Submit detailed information addressing how Proposer will achieve the statement of work and technical requirements outlined in Appendix C, Specifications, including (but not limited to): • Stakeholder involvement& communications • Advertising concepts& formal;and • Strategies to maximize revenue; and • Performance metrics&tracking; and • Financial reporting; and • Maintenance of installations;and • Account management. Responses shall be in sufficient detail and include supporting documentation, as applicable,which will allow the Evaluation Committee to complete a full review and score the proposed scope of services. TAB 4 Revenue Proposal Submit a completed Revenue Proposal Form (Appendix E). • Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). • RFP 2017-081-WG 13 219 r_ A ( • SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation .Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1 :Qualitative Criteria Maximum Points Proposer Experience and Qualifications 30 Scope of Services Proposed 20 TOTAL AVAILABLE'.STEP'1 POINTS 50 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1,as follows. 'Step 2-Quantitative Criteria • Revenue Proposal° 50 Veterans Preference•'. 5 TOTAL.AVAILABLE STEP 2 POINTS 4. Revenue Proposal Evaluation. The revenue proposal points shall be developed in accordance with the following formula: t0/ Sample Objective Formula for Cost Vendor Revenue Example Maximum Formula for Calculating Points(highest Total Proposal Allowable Points revenue share per ATM transaction paid Points (Points noted are for the City 1 revenue proposal being Awarded illustrative purposes only. evaluated X maximum allowable points= Actual points above)are noted awarded points) Round to Vendor A $200.00 25 $100 I$200 X 25=25 25 Vendor B $150.00 25 $100/$150X25=16 16 Vendor C $100.00 25 $1001$100 X 25=13 13 RFP 2017-081-WG 14 220 5.Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Step 1 Points 82 76 80 Step 2 Points 25 16 13 Committee Total 107 92 93 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 25 16 13 Committee Total 104 101 85 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 25 16 13 Committee Total 105 90 79 Member 2 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking' 1 2 3 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. RFP 201 7-081-WG 15 221 APPENDIX A /V\ A/V\ BEACH Proposal Certification , Questionnaire & Re uirements Affidavit I 2017-081 -WG CITY MUNICIPAL PARKING GARAGE 4 •. ADVERTISING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2017-081-WG 16 222 Solici!alion No: So!iclalion Tile' RFP 2017-081-WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES Procurement Contact Tel: Email: William Garviso; CPPB (305)673-7000#6650 williamgarviso @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire .and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification,.Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: :,? , CITY: STATE: ZIP.CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS'ENGAGEMENT4 ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ...• ACCOUNT REP EMAIL: - FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacityofathe Proposer to perform in accordance with contract requirements. RFP 2017-081-WG 17 223 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and 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 entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References& Past Performance. Proposer shall submit at least three(3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone, 5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). r�k 5. Vendor Campaign Contributions. Proposers are expected to be or becomelamiliar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names,ofall individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has:contributed;to-the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the,City ofMiami Beach. 6. Code of Business Ethics. Pursuant to City 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 Department of Procurement Management with its proposal/response or within five'(5)days upon receipt of request.The Code shall,at a minimum, require the Proposer, to comply with all applicable;governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the Cityf,Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. RFP 2017-081-WG 18 224 7. - ' •• . •• -• - - . .• !: e _: - • • •- •• • .. • • • e .••: • ••• - .—Commencing-with-City-fiscal year 2012-13-(Octebef-1, 2012),the-hourly-living rate will be-S-11.28/hr with health The living wage rate and-health-care-benefits-rate may: by-Resolution--of-the-city Commission Po indexed annually-kg-icing-en came(in 3 particular year). . • . -• . -- - , ..•. . . - - - •• - • -.... •- •-• ....• ..: •• . ... - • - -_. a • e. • " . ... ••• ... ... . • - - ... . -... • .: • •- 8. Equal Benefits for Employees with Spouses and Employees with;Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are-directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that applyto your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to'employees because they have a spouse or domestic partner, such as bereavement leave;other'benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family;Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. RFP 2017-081-WG 19 225 9. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes:as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real properly to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin,religion,sex,intersexuality,gender identity,sexual orientation, marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. . 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or..alter solicitation'requirements. The City will strive to reach every Proposer having received solicitatiomttough the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for`ssuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receiptof alhaddendum:;may result in proposal disqualification. Initial to'Confirm" Initial to Confirm Initial to Confirm Receipt _ Receipt Receipt srAddendum 1 :: Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. • 1 FP 2017-081-WG 20 • 226 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. • The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall;t submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the;date and time selected for opening the responses. At that time all documents received by the City shall become public records. Proposers are expected to make alldisclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the'release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief;._ Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent ju'niction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. • tFP 2017-081-WG 21 227 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title of Proposers Authorized Representative: Signature of Proposers Authorized Representative: Dale: State of ) On this_day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: Tr- • ;y= 5 r, RFP 2017-081-WG 22 228 APPENDIX B " Ad i AI H BEACH " No Bid " Form •201 7-081 —WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES =sir,• • .• PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 - venaoc-s,ftwho.ehave,received,natification ,P1 Thi,s/solibitation bust ;decided nottolespbrid plefeland submit.. 't- - tt attaghed0Staterhent of-,NO...-Bid0.,.,h-e,*!grateunVdrntc.I,b4.BidA provides:. .• , - 4.5:;A: •,:ftie , trie. .-,;13,,y4w..11,,, introrm9-rion}, ...hbm'ito;,ornfor,ove,Ahe;4soltation process-; .4a. ' KN4ilbre4o-'sifi,brznitid;-4StateM:Ontof-LINO 46-Vrrielylrgo:Itin'rrol-tbelnar notified" gpf-:tutur:6,solicitatidns...1*-!the,..,eity _faM. --1714;41 , RFP 2017-081-WG 23 229 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: . Workload does not allow us to proposal _Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements • _Do not offer this product/service _OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals of this type product and/or service. Signature: ; Title: Legal Company Name: Note:'Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL#2017-081-WG 1755 Meridian Avenue, 3`d Floor MIAMI BEACH, FL 33139 RFP 2017-081-WG 24 230 APPENDIX C A /\, A 17) r. 8:7) Minimum Requirements Specifications 2017-081 -WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES 4f- PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 -1-1-2777 25 231 C1. Statement of Work Required. Secure and manage advertising for nine (9) of the City's municipal parking garages that would generate income to the City in a manner that does not create an overly-commercialized environment, and that are sensitive to existing restrictions in City Code. Respondent will be responsible for 100% of capital and operational investment of program,with portion of revenue shared with the City. C2. Specifications 1. Management shall include: • Securing local and national advertisers • • ; it Managing advertising relationships • Billing and revenue collection • Managing the approval process • Production and installation of advertising • Maintenance of the advertising • Installation of advertising fixtures, boards, static displays, backlit displays,etc. All of the proposals will be reviewed to ensure consistency with existing Code, as well as to ensure that the proposal meets our aesthetic expectations. The City will retain the right and ability to identify the quantity and location of any proposed advertising program within our garages to ensure that they meet our expectations in terms of aesthetics. The selected proposer will work jointly with the City's Development Coordinator to ensure all advertising is approved by the City prior to installation. 2. Advertising Guidelines: A. All advertising accepted for placement will comply with Federal, State, Miami-Dade County, and existing City of Miami Beach laws, rules and regulations. B. The Contractor shall neither accept for'display, install, display nor maintain any advertisement that falls with in one or moreof the following categories: Unlawful'or illegal goods,services or activities. 2. Tobacco or tobacco related products. 3. Firearms 4. Sexual services, programs orproducts 51 Political candidates or political issues 64 :: An advertiser that is a competing brand of non-alcoholic beverage to Coca-Cola (Please see-category exclusion portion below) a... C. Advertising for alcoholic beverages shall not be permitted within 250 feet of any school, day ''care or house of worship. D. Anysuch prohibited material displayed or placed shall be immediately removed by Contractor upon notice from`the City. E. The advertising proposed for Garages would be for interiors only. General advertising is not permitted on the public right of way, except as may be permitted pursuant to City Code. General advertising that is visible from the outside must be placed at least ten feet(10')inside the building's exterior. Please refer to the City Code Sec. 138-73, General Advertising. 3. Category Exclusion: Pursuant to an exclusive non-alcoholic beverage partnership approved with Coca-Cola Refreshments on July 13, 2011, the advertising of competitive products is not permitted in any city facility or property RFP 2017-081-WG 26 232 (e.g. garage, parking lots, building, elevator). This includes competitive energy drinks, sparkling beverages, protein drinks, iced teas, coffees, etc. The selected proposer may contact Coca-Cola Refreshments to discuss any potential advertising opportunities for their various brands. • 4. The following City municipal parking garages have been identified as part of the advertising program (additional parking garages may be added at a later date): • G1: 7 Street&Collins Avenue • G2: 12 Street& Drexel Avenue • G3: 13 Street& Collins Avenue • G4: 16 Street& Collins Avenue • G5: 17 Street& Pennsylvania Avenue • G6: 42nd Street&Sheridan Avenue • G7: City Hall Garage- 18 Street& Meridian Avenue • G9: Pennsylvania Avenue- 17 Street • • G10: 19 Street& Bay Road 5. MINIMUM GUARANTEE (MG) In consideration of the City executing an agreement and granting the rights provided in the agreement, the successful contractor shall guarantee and pay to the City a monthly minimum fee to be paid on a quarterly basis. In the event that the City chooses to extend the term of the concession agreement for any renewal term(s), the MG may be increased in a manner to be negotiated between the City and successful contractor. • 6. PERCENTAGE OF GROSS(PG) The City reserves the right to negotiate a Percentage of Gross Revenue due to the City during contract negotiations. If the annual] G amount is greater than the annual total MG, the successful proposer shall pay to the City the difference between the-annual MG amount and the annual PG amount within 30 days of the anniversary'date.of the Agreement. If the annual PG amount owed to the City is less than the sum''of all minimum monthly guarantee payments, no further payments will be required of the Contractor.'Likewise, the City shall not reimburse the:Contractor any portion of the minimum monthly guarantee. PERFORMANCE BOND OR ALTERNATE SECURITY The successful contractor shaTfurnish the City with a security deposit, as agreed to by the City. Said security shall serveossecure thelsuccessful contractors performance in accordance with the provisions of the agreement. Invthe event the successful proposer fails to perform in accordance with said provisions, the City may retain said security, as well as pursue any and all other legal remedies provided in the agreement,or as may be provided by applicable law. • RFP 2017-081-WG 27 • 233 APPENDIX D al V\ I At\ V EAC v 1 Special Conditions '‘1201 7-081 -WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES „.„ *it PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2017-081-WG 28 234 1. TERM OF CONTRACT. The contract shall commence upon effective date of fully executed agreement and shall be effective for three(3)years. 2. OPTION TO RENEW. The City, through its City Manager, wit have the option to extend for two (2) additional one-year periods at the City's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. 3. PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the Successful Contractor, its employees or agents. 4. LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein related to the installation and proper functioning of advertising equipment/signs etc. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 5. EXAMINATION OF SITES RECOMMENDED. Prior-to submitting its offer it is advisable that the vendor visit the sites of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and or labor required. fo. The vendor is also advisedsto examine carefully the specifications and become thoroughly aware regardingany and all conditions and requirements that may in any manner affect the work to be performed-under the contract. No additional allowances will be made because of lack of knowledge of these,conditions., 6. DEMONSTRATION'OF EQUIPMENT-REQUIRED DURING EVALUATION (if Applicable). The purpose of;=this.demonstration is to observe the equipment in an operational environment and to ._ t1 verify its capability, suitability;and adaptability in conjunction with performance requirements stipulated in this solicitation. The City will notify the vendor of such in writing and will specify the date and time and(location of the demonstration. The City shall be the sole judge of the ` acceptability of the equipment in conformance with the specifications and its decision shall be final. TheAuipment used for the demonstration shall be the same manufactures model identified in the vendors offer. Accordingly, the equipment used in the demonstration shall create an expressed warranty that the actual equipment to be provided during the contract period shall conform to the equipment used in the demonstration. 29 235 APPENDIX E Ai CA_ t , / k e , • Revenue Proposal Form -p2401 7-081 -WG CITY MUNICIPALZARKING GARAGE -,- ADVERTISING SERVICES #1,! 10. PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2017-081-WG 30 236 APPENDIX E REVENUE PROPOSAL FORM Failure to submit Appendix E,Revenue,Proposal form,inits entirety and fully executed by9the,deadline established for the receipt of proposals will result in proposal;being deemednon-responsive and being reected. This Revenue Proposal Form shall be completed mechanically or; if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive.All corrections shall be initialed. MINIMUM GUARANTEED REVENUE TO THE CITY(MG), See Paagraph 5(p:.27) (A) (B) (C) (AxB=C) 1 Minimum Guarantee (MG) $ /Month 12 Months $ /Year ' 1 The proposed Minimum Guarantee (MG) provided to the City shall be utilized to allocate points in the Evaluation Process. Proposer"s Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: • RIP 2017-081-WG 31 237 APPENDIX F Insurance Requirements 2017-081 =WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 410.- RFP 2017-081-WG 32 238 fi' L Before beginning any work and throughout the term of the contract (including renewal periods), the Provider shall indicate that insurance coverage has been obtained which meets the requirements as outlined below: A.Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability Insurance in an amount not less than $1,000,000. B.Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C.Automobile Liability for all owned, non-owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000. The insurance coverage required above must include a waiver of subrogation in favor of the City. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as tomanagement, and' no less than "Class VII" as to financial strength, by the latest edition of Best's;lnsurance Guide,'published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval tli'e City Risk Management Division. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE t... 3rd FLOOR ' MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ;r. RFP 2017-081-WG 33 239