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2017-29836 Reso2017-29836 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, TO REJECT ALL PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -005 -WG FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES. WHEREAS, on December 14, 2016, the Mayor and City Commission adopted Resolution No. 2016-29357, authorizing the extension of the City's existing agreement with MWW Group, LLC, for Federal governmental lobbying and consulting services, on a month -to month -basis, terminable by the City for convenience and without cause, upon thirty (30) days written notice to MWW Group, LLC; and WHEREAS, the Mayor and City Commission further authorized the City Manager to issue Request for Qualifications (RFQ) No. 2017 -005 -WG for Federal Governmental Consulting Services; and WHEREAS, on December 16, 2016, RFQ No. 2017 -005 -WG for Federal Consulting Services was issued; and WHEREAS, on January 20, 2017; the City received proposals from the following firms: Holland & Knight, LLC; Gray Robinson, P. A.; Alcalde & Fay, LTD. Inc.; Cardinal Infrastructure; and MWW Group LLC.; and WHEREAS, the proposal submitted by Alcalde & Fay, LTD, Inc., failed to include the fully completed and executed Proposal Certification, Questionnaire & Requirements Affidavits, as expressly required by the RFQ, and accordingly, its proposal was deemed non-responsive; and WHEREAS, the Evaluation Committee appointed by the City Manager, pursuant to LTC# 059-2017, convened on February 15, 2017, was provided with an overview of the scope of services, a copy of each proposal, and information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in the ranking of proposers as follows: Holland & Knight LLP, as the top ranked proposer; MWW Group LLC, as the second -ranked proposer; and Gray Robinson, P.A., and Cardinal Infrastructure, tied as third—ranked proposers; and WHEREAS, notwithstanding the results of the evaluation of proposals, the Administration has determined that it is necessary to modify the solicitation requirements and specifications, in order to provide full transparency of the City's intent to potential bidders; and WHEREAS, given the need to revise the solicitation requirements and specifications, the City Manager recommends that all proposals be rejected; and WHEREAS, following the rejection of all proposals by the Mayor and City Commission, staff will work with the City Attorney's office to reevaluate and strengthen if necessary the requirements of the RFQ, and revise any specifications as necessary; and WHEREAS, following the necessary modifications, the Administration will release a subsequent RFQ for the 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 accept the recommendation of the City Manager to reject all proposals received, pursuant to Request for Qualifications (RFQ) 2017 -005 -WG Federal Governmental Consulting Services; and authorize the Administration to re-issue/the solicitation. PASSED AND ADOPTED this o?i/ day of A,ori 1 2017 ATTEST: Philip Lev y',- Sl�ST1 ,5 /6/-) afael Granado, bity Clerk" If T:\AGENDA\2017\4 - April\Procurement Departm. t\RTC Federal Governmental Consulting Services- 3.29.1 rid ocx: i ^ INCOB , QE Iting Services\RFQ 2017 -005 -WG Reso APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r. GityAttorney c.., MIAM BEACH Resolutions - R7 M COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 26, 2017 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -005 - WG, FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES. RECOMMENDATION Adopt the Resolution. ANALYSIS On December 14, 2016, the Mayor and City Commission adopted resolution 2016-29357 authorizing the extension of the existing agreement with MWW Group, LLC, for Federal governmental lobbying and consulting services, on a month to month basis, terminable by the City for convenience and without cause, upon thirty (30) days written notice to MWW Group, LLC, and further authorized, the City Manager to issue Request for Qualifications (RFQ) No. 2017 -005 -WG for Federal Governmental Consulting Services. RFQ PROCESS On December 16, 2016, RFQ No. 2017 -005 -WG for Federal Consulting Services was issued. RFQ responses were due and received January 20, 2017. The City received five (5) proposals from the following firms: Holland & Knight, LLC, Gray Robinson, P. A., Alcalde & Fay, LTD. Inc., Cardinal Infrastructure and MWW Group LLC. The proposal submitted by Alcalde & Fay, LTD, Inc., failed to include the fully completed and executed Certification Form, (Appendix A) Proposal Certification, Questionnaire & Requirements Affidavits as stated in the RFQ. Accordingly, its proposal was deemed non- responsive. The Evaluation Committee appointed by the City Manager pursuant to LTC# 059-2017 convened on February 15, 2017 to consider the responsive proposals received. The Committee was comprised of Eric Chiroles, Commission Aide, Office of the Mayor and City Commission, City of Miami Beach, Marcia Monserrat, Chief of Staff, City Manager's Office, City of Miami Beach and Judy Hoanshelt, Grants Officer, Office of Budget and Performance Improvement, City of Miami Beach. Page 1223 of 1596 The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers, as indicated in Attachment A, in the following order: • Holland & Knight, top ranked • MWW Group, second ranked • Cardinal Infrastructure and Gray Robinson, tied for third rank. CONCLUSION After careful review of the RFQ, the proposals received and the Evaluation Committee process, I must note that Holland & Knight, the top-ranked respondent to the RFQ, has an active land use practice in the City of Miami Beach and, as a result, often lobbies the City on behalf of third -parties on land use matters. However, Section 2-485.2 of the City Code, prohibits a lobbyist retained by the City from lobbying any City officer or staff member on behalf of a third -party with regard to a proposed development project. Therefore, on March 8, 2017, I notified the firm that in order to be considered for award Holland & Knight would have to recuse itself from any further lobbying activities in connection with the Terminal Island project, as well as any other matter, now or in the future, that may create a conflict with the lobbying restrictions stipulated in the Code. In response to this notification, on March 14, 2017, Holland & Knight withdrew its proposal to the RFQ from consideration. Given the situation with the Holland & Knight proposal, and in an abundance of caution, I feel that the Code restrictions regarding lobbying activities for any lobbyist retained by the City should be explicitly stated in the RFQ in order to establish full transparency for the RFQ. Therefore, I recommend rejecting all proposals received in response to RFQ 2015 -005 -WG and issuing a subsequent solicitation with revised requirements and specifications so that all bidders fully understand the City's intent with regard to the services and the limitations on lobbying activities to which the successful firm shall be required to comply. Therefore, I recommend that the Mayor and City Commission approve the Resolution rejecting all proposals received, pursuant to Request for Qualifications (RFQ) 2017 -005 -WG, for Federal Governmental Consulting Services, and authorizing the Administration to re -issue an RFQ for the services. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term FINANCIAL INFORMATION NA Leaislative Tracking Page 1224 of 1596 Mayor's Office/Procurement ATTACHMENTS: Description CI Attachment A Scoring Matrix CI Resolution Page 1225 of 1596 ATTACHMENT A RFQ 2017005 -WG rn Low Erick c Marcia c Federal Governmental ' Judy Aggregate 2 Chiroles c Hoanshelt t Monserrat c Totals c Consulting Services re W to aw As Cardinal Infrastructure 80.00 14 85.00 3 75.00 3 10 3 IGrayRobinson, P.A. 85.00 12 80.00 4 55.00 4 I 10 3 1 1Holland & Knight LLP 95.00 11 90.00 12 90.00 1 ;1 4 1 IMWW Group LLC 85.00 12 93.00 11 85.00 2 .I 5 2 1 Page 1226 of 1596