HomeMy WebLinkAbout99-23161 RESO
RESOLUTION
99-23161
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS NO. 61-98/99
FOR THE PLACEMENT OF PUBLIC PAY TELEPHONES ON THE
PUBLIC RIGHT-OF-WAY AND ON CITY PROPERTIES.
WHEREAS, on July 26, 1995, Ordinance No. 95-3005 was adopted for the regulation,
permitting, and placement of public pay telephones in the public right-of-way; and
WHEREAS, on December 2, 1998, Ordinance No. 98-3157 was adopted amending the City
of Miami Beach Code to provide for a ninety (90) day moratorium; and
WHEREAS, the Administration was directed by the Land Use and Development Committee
to prepare a Request for Proposals for the placement of pay telephones in the public right-of way.
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 the Request for Proposals for the
placement of public pay telephones on the public right-of-way and on City properties.
PASSED AND ADOPTED this 12th dayof May, 1999.
I!YOR
ATTEST:
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CITY CLERK
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CITY OF MIAMI BEACH
RFP NO. 61-98/99
REQUEST FOR PROPOSALS FOR
THE PLACEMENT OF PUBLIC PAY TELEPHONES ON THE PUBLIC RIGHT-OF-
WAY AND ON CITY PROPERTIES.
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR
JUNE 14, 1999 AT 10:00 AM IN THE FIRST FLOOR CONFERENCE ROOM
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN JULY 15, 1998 AT 3:00 P.M.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
1
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TABLE OF CONTENTS
I. OVERVIEW AND PROPOSAL PROCEDURES
O. SCOPE OF SERVICES
01. PROPOSAL FORMAT
IV. EV ALUATION/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.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
2
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 Dir~~t'6r~3r%B7C:6~~~ntion
Center Drive, Miami Beach, Florida, 33139, until 3:00 PM on the July 15, 1999 for:
CITY OF MIAMI BEACH
RFP NO. 61-98/99
THE PLACEMENT OF PUBLIC pA Y TELEPHONES ON THE PUBLIC RIGHT -OF-WA Y AND
ON CITY PROPERTIES
At time, date, and place above, Proposals will be publicly opened. Any proposal received after time and date
specified will not be considered and will be returned to the proposer unopened.
Proposal documents may be obtained upon request from the City's Procurement Division, 1700 Convention
Center Drive, telephone number (305) 673-7490.
A Pre-proposal Conference will be held at the City of Miami Beach, First Floor Conference Room, City Hall,
1700 Convention Center Drive, Miami Beach, FL 33139 on June 14, 1999 at 10:00 am.
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 of an RFP,
RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city
employee, official, or member of the City Commission unless specificaIly prohibited. A copy of all written
communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or
proposer shaIl render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void,
and said bidder or proposer shaIl 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 deemed to be in the best interest of the
City of Miami Beach, or waive any informality in any Proposal. The City of Miami Beach may reject any
and all Proposals.
CITY OF MIAMI BEACH
( · . - /; Q---
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Michael A. Rath, CPPB
Procurement Director
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
3
SECTION 1- OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUcnONIBACKGROUND
The City of Miami Beach is seeking the services of operators of Public Pay Telephones to
enter into a three year Agreement for the regulated placement of Public Pay Telephones in
the City's right-of-way and within City properties. The Agreement shall entail the placement,
maintenance and operation of the Public Pay Telephones subject to policies and procedures
for same, as set forth in the Code of the City of Miami Beach, as amended for time to time.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued May 21,1999
Deadline for receipt of questions June 30, 1999
Pre-Proposal Conference June 14, 1999@10:00A.M.
Deadline for receipt of proposals July 15, 1999@3:00P.M.
Evaluation Committee meeting July 19,1999
City Commission approval and
authorization of negotiations September 1, 1999
Contract negotiations September 8, 1999
Projected award date September 15, 1999
Projected contract start date October 1,1999
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete Proposal must be received by July 15,1999
at 3:00 p.m. and will be opened on that day at that time. The original and all copies must
be submitted to the City's Procurement Division located at City of Miami Beach, 1700
Convention Center Drive. Miami Beach, FL 33139, 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
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
4
entity or by any occurrence. Proposals received after the proposal due date and time
specified herein will not be considered nor accepted and will be returned to the proposer
unopened.
D. PRE-PROPOSAL CONFERENCE
A Pre-proposal Conference will be held at the City of Miami Beach, First Floor Conference
Room, City Hall, 1700 Convention Center Drive, Miami Beach, FL 33139 on June 14, 1999
at 10:00 am.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
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, and is subject to the
requirements of No. 99-3164 (Re. "Cone of Silence" Ordinance). Any such unauthorized
contact may result in the disqualification of the proposer's submittal.
Requests for additional information or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFP timetable. Facsimiles will
be accepted at (305) 673-7851.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the RFP.
Proposers should not rely on other representations, statements, or explanations, whether oral
or written, other than those made in this RFP or in any addendum to this RFP. Proposers are
required to acknowledge the number of addenda received as part of their proposals. The
Proposer should verify with the Procurement Division prior to submitting a proposal
that aU addenda have been received.
F. MODIFICATIONIWITHDRAWALS 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 one-hundred and twenty (110) calendar days from
the opening of Proposals without a contract award. Letters of withdrawal received after the
Proposal due date and before said expiration date and letters of withdrawal received after
contract award will not be considered.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
5
G. RFP POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
irregularities in this RFP, or in any Proposals received as a result of this RFP.
H. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals to the City, or any
work perfonned in connection therewith, shall be the sole responsibility of the Proposer(s)
and not be reimbursed by the City.
I. 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 fonn
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, services, or commodities.
J. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the tenns in this
RFP, and outline what alternative is being offered. The City, after completing evaluations,
may accept or reject the exceptions. In cases in which exceptions are rejected, the City may
require the Proposer to furnish the services or goods originally described, or negotiate an
alternative acceptable to the City.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
6
K. SUNSIUNE 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".
L. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require Proposers to give oral presentations based on their Proposals. The City reserves
the right to enter into negotiations with the selected Proposer and, if the City and the selected
Proposer cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations, and begin negotiations with the next selected Proposer. This process may
continue until a contract has been executed and/or all Proposals have been rejected. No
Proposer shall have any rights against the City arising from such negotiations, or failure to
negotiate a contract. Notwithstanding the foregoing, the City at all times reserves its rights .
to cancel, at any time this RFP process, as set forth in Section I.G. of this RFP.
M. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendations for contract award by
sending a formal protest letter to the Procurement Director, which letter must be received no
later than five (5) calendar days after award by the City Commission. The Procurement
Director will notify the protester of the cost and time necessary for a written reply, and all
costs accruing to an award challenge shall be assumed by the protester. Any protests
received after five (5) calendar days from 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.
N. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the Proposer
will in no way relieve it from responsibility for compliance.
O. DEFAULT
Failure or refusal of a Proposer to execute a contract upon approval of same by the City
Commission, or untimely withdrawal of a Proposal after the due date but before the deadline
set forth in Section I. F. herein, may result in forfeiture of that portion of any Proposal surety
required herein, as liquidated damages to the City; where surety is not required, such failure
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
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may result in a claim for damages by the City and may be grounds for removing the Proposer
from the City's vendor list.
P. CONFLICT OF INTEREST
All Proposers must disclose with their Proposal the name(s) of any officer, director, agent,
or immediate family member (spouse, parent, sibling, child) who is also an employee of the
City of Miami Beach, Further, all Proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer or any of its affiliates.
Q. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely and absolutely responsible for
its own due diligence with regard to the RFP and their proposal including, but not limited to,
making all investigations and examinations necessary to ascertain all conditions and
requirements affecting the full perfonnance of the contract Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations ",ill not
relieve a successful Proposer from any obligation to comply with every detail and \\ith all
provisions and requirements of the contract documents, nor will same be accepted as a basis
for any claim whatsoever for any additional monetary consideration or claim on the part of
the Proposer,
R. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer is 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.
S. PUBLIC ENTITY CRIME (pEC)
A person or affiliate who has been placed on the City's convicted vendor list following a
conviction for public entity crimes may not submit a bid or response to RFP or response to
an RFP 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 a bid or response to an RFP on leases of real property to a
public entity; may not be awarded or perfonn work as a contractor, supplier, sub-contractor,
or consultant under a contract with a public entity; and may not transact business v.ith any
public entity in excess of the threshold amount provided in Sec. 287.017, Florida Statutes for
CATEGORY TWO, for a period of thirty six (36) months from the date of being placed on
the convicted vendor list
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
8
T. CONE OF SILENCE ORDINANCE
All Proposers are herein advised that this RFP is subject to the "Cone of Silence," in
accordance with Ordinance 99-3164, attached as Amendment "A" to this RFP. 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 of an RFP, RFQ, RFLI, or bid by the City Commission, or
communications in writing at any time with any City employee, official, or member of the
City Commission unless specifically prohibited. 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, RFLI award, or bid award to said bidder
or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ,
RFLI or bid for a contract for the provision of goods or services for a period of one year.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
9
SECTION II - SCOPE OF SERVICES
The Scope of Services shall be to provide the City of Miami Beach with Pay Telephones for the
use of the public. Pay Telephones shall be placed and installed in accordance with all
requirements and regulations of the Code of the City of Miami Beach and in accordance with the
requirements stated in this RFP. Public Pay Telephones shall be placed in the right-of-way and
within City properties. The number of permitted pay telephones, their location, and the areas and
buildings where they shall be allowed shall be as stated in this RFP.
PROJECT DESCRIPTION AND SPECIFICATIONS
DEFINITIONS.
(a) "City" shall mean the City of Miami Beach, Florida, its elected officials, agents, and
employees.
(b) "City Manager" shall mean the ~anager of the City of Miami Beach, or a designee.
(c) "Department" shall mean the Public Wodes Department of the City of Miami Beach.
(d) "Director" shall mean the Director of the Public Works Department of the City of
Miami Beach, or the Director's designee.
( e) "Operator" shall mean the person owning or operating the Pay Telephones under this
Contract.
(f) "Pay Telephone" shall mean any self-service or coin or credit card-operated
telephone, including enclosures, or bank of such telephones placed adjacent to each
other, that in any manner is connected with the public Streets or Sidewalks within the
City or within City properties.
(g) "Person" shall mean an individual, business, firm, corporation, association,
partnership, or other organization or group of persons.
(h) "Sidewalk" shall mean that area reserved for the public use by pedestrian traffic
within the City's zoned right-of-way, including the area above, over, and under such
area.
(i) "Street" shall mean all that area reserved for the public use for public right-of-way
purposes and shall include but not be limited to: highways, avenues, roads, drives,
lanes, boulevards, courts, bridges, cul-de-sacs and roadways.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
10
DESCRIPTION OF WORK:
The City seeks Proposals for the following activities:
(A) At no cost to the City, place and maintain as many Public Pay Telephones as allowed by the
provisions of this Proposal and the subsequent Agreement standards, including all
supervision, labor, materials, equipment, tools, plans, specifications and necessary
calculations.
(B) Verify, in cooperation with the City of Miami Beach Public Works and Planning
Departments, the suitable sites for placement of Public Pay Telephones. Proposer shall
present the suggested locations in the required location map for review by the City.
(C) Obtain permits, approvals, agreements, easements, and any other instrument necessary to
establish clear legal right to enter upon the selected site, make required preparations and/or
alterations thereto, install and maintain Public Pay Telephones throughout the term of this
contract.
(D) Public facilities for which pay telephones will be required shall include the Miami Beach
Convention Center; the Jackie Gleason Theater for the Performing Arts; City of Miami
Beach City Hall; all swimming pool facilities; the Holtz Tennis Center; all Community
Buildings; the Scott Rakow Youth Center; the 10th Street Auditorium at Ocean Drive; the
Miami Beach Police Station; the North Shore Amphitheater; and any other public facilities
which the Proposer wishes to suggest. Locations for the Miami Beach Convention Center
and the Jackie Gleason Theater for the Performing Arts shall match those currently existing
at these facilities.
LOCATION MAP
A map showing all proposed locations shall be submitted by the responders with this
Proposal. The locations shall be indicated on the map in accordance with all guidelines and
specifications described herein. For the purpose of this Proposal, the City has been divided
into four (4) zones which are called South Beach I, South Beach 2, Middle Beach and North
Beach. These zones are shown on a sample map included with this Proposal. The Proposers
may respond with Proposals on each zone or on the City as a whole. Proposers may also
enter into Agreements with other operators and respond to this RFP as a single entity.
Copies of the location map will be furnished to the Proposers by the Procurement Division
for the City's use.
Only one Pay Telephone shall be permitted at each approved location except as otherwise
designated by the City of Miami Beach. The Operator shall not remove any Pay Telephone
installed at a location during the term thereof without first having obtained written consent
RFPNO.: 61-98199
DATE: May 18, 1999
CITY OF MIAMI BEACH
II
of the City. The Operator shall have the right to petition the City for removal of an
individual Pay Telephone in the event that it has been subjected to "chronic vandalism".
For purposes hereof, the phrase "chronic vandalism" shall be defmed as damages inflicted
to an individual Pay Telephone during any six (6) month period, which require cumulative
expenditures for replacements and repair that exceed 50010 of the cost of installation. Where
it has been detennined that the chronic vandalism alleged has been caused by a design fault
which is reasonably correctable, the City reserves the right to demand such design correction
and reserves the right to withhold pennission for removal from the specified site. The City
also reserves the right to require the operator to remove any Pay Telephone on five (5) days
written notice. Graffiti markings will not be considered as part of the definition of "chronic
vandalism" but must be part of the regular maintenance requirements.
Application for approval of a Pay Telephone installation shall be addressed to the City of
Miami Beach Public Works Department in the following fonn:
(A) A detailed engineering site drawing for each location showing utility easement, pavement
details, street furniture now in place, utility connections and poles, life safety installations
such as fire hydrants and building sprinkler connections, overhead details such as building
overhangs, entrances and awnings, demarcation of zone areas and rights-of-way, ramps for
the disabled, and ownership indications. Such location sketch shall accurately show the
location of the proposed Pay Telephone in relation to the outside edge of the pavement of the
adjacent street, in relation to the center line and outer limits of the right-of-way of the
adjacent road. Such sketch shall also show the location of all curbs and sidewalks, if any.
(B) Upon receipt of written approval from the City's Public Works Department, the Operator
may proceed to install each Pay Telephone identified in this Proposal and pennitted in
accordance with the requirements of the contract.
GENERAL
The Operator shall install Pay Telephones in accordance with the descriptions and
specifications contained herein and at the locations identified in this Proposal. The Operator,
prior to the Notice to Proceed, shall submit complete detailed specifications of its product
to the Public Works Department of the City of Miami Beach for approval.
PAY TELEPHONE INSTALLATIONS
A. GENERAL
The Operator shall prepare the sites and install Pay Telephones at the locations approved by
the City of Miami Beach, as identified in this Proposal, and in accordance with the
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DATE: May 18,1999
CITY OF MIAMI BEACH
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installation and site preparation details contained herein. The City of Miami Beach may, at
any time, elect to name location(s) different from, but comparable to, those approved. Such
changes shall be performed at the Operator's expense. All materials, incorporated into the
work, shall be new and the best of the kind specified.
Any preparation of the site required to provide a clean, stable and secure foundation for Pay
Telephones shall be performed at the Operator's expense.
B. RESTORATION OF PROPERTY
All properties, on public land or on the right-of-way, which are damaged or removed for the
installation of a Pay Telephone at the convenience of the Operator, shall be repaired or
replaced by the Operator, at no cost to the City of Miami Beach, prior to the final acceptance
of the work.
Any sidewalk or pavement restoration shall be performed in accordance with the standards
and regulations of the City of Miami Beach Public Works Department. All restoration of
landscaping and sodding shall conform to the standards and regulations of the City of Miami
Beach. All construction debris shall be removed and hauled away.
C. PREWORK CONFERENCE
After the award of the contract, and prior to the issuance of the Notice to Proceed, a Prework
Conference shall be held between the Operator, members of the City of Miami Beach Public
Works Department, the Planning Department, the Contract Administrator and any other
agency and company that may be affected by the work. The time and place for the
conference will be set by the Contract Administrator. The Operator shall bring to this
conference, for approval by the City of Miami Beach, a description of the type of materials
and equipment to be used, the method or procedure to be used in the performance of the
work, and a copy of a proposed schedule for the installation of Pay Telephones over the life
of the contract.
D. UTILITIES
Before beginning operations, the Operator shall verify with the various utility companies
that its operations are not in such close proximity to utility facilities, or other property, that
damage to same may result in expense, loss, disruption of service or undue inconvenience
to the public or the owner. Work shall not commence until all the arrangements necessary
for the protection thereof are made.
The Operator shall be solely and directly responsible to the owner and operators of such
properties for any damage, injury, expense, loss, inconvenience or delay caused by the its
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DATE: May 18, 1999
CITY OF MIAMI BEACH
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operations.
E. COMPLETION OF WORK
Cleaning Up - Each Pay Telephone site shall be cleaned up immediately upon completion
of work at that site. All scraps, debris, excess of excavated materials, packing materials,
barricades and every other kind of trash or surplus material shall be picked up and hauled
away, leaving the site neat, clean, and ready for use.
F. CONTINUING MAINTENANCE OBLIGATION
The Operator shall maintain all of the Pay Telephones in good repair as acceptable to the
City of Miami Beach and shall be responsible for the cleaning, repairing or replacement of
all parts thereof. However, the Operator shall not be responsible for the maintenance or
repair of any sidewalks, walkway or curb to which the Pay Telephones are attached, unless
such sidewalk, walkway or curb shall have been damaged through the acts or omission of the
Operator, his agents, servants, sub-contractors or employees. The Operator shall provide the
City with a complete maintenance program with a schedule of frequency of maintenance
checks for each Pay Telephone. Graffiti removal shall be the responsibility of the operator
and shall be included in the maintenance program and schedule.
G. OPERATOR'S FAILURE TO CORRECT CONDITIONS
The Operator shall correct any conditions making any Pay Telephone unacceptable to the
general public, property owners in the vicinity of the Pay Telephone and the City of Miami
Beach, the latter being the final judge of the criteria of acceptability. If any of the Pay
Telephones to be maintained in this contract are deemed unacceptable by the City of Miami
Beach, the Operator shall be notified in writing. The Operator's failure to correct the
conditions within 48 hours of receipt of notice will result in the City of Miami Beach taking
immediate remedial action. All costs incurred by the City of Miami Beach in correcting
unacceptable conditions shall be charged to the Operator who shall reimburse the City of
Miami Beach within ten (10) days of receipt of the City's invoice covering the charges.
It is the intent of the City of Miami Beach to impress upon the Operator the need for
continual maintenance of the Pay Telephones in as clean and presentable condition as
possible. If the Operator fails to correct the conditions within five (5) days of notification,
the City will perform the necessary repairs and maintenance corrections on the Pay
Telephone and shall charge a minimum $500.00 fee for each Pay Telephone in violation.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
14
H. INSPECTION
Pay Telephones will be subject to inspection by the City of Miami Beach at any time during
the contract period for compliance with the Pay Telephone requirements established in this
proposal and the subsequent Agreement standards. Such inspection is for the sole benefit
of the City of Miami Beach and shall not relieve the Operator of the responsibility of
providing measures to assure that the Pay Telephones strictly comply with the Contract
documents.
I. PLACEMENT LONDITIONS.
(1) Location and Placement of Pay Telephones.
(a) The installation of Pay Telephones in any manner connected with the Streets and
Sidewalks within the City shall be subject to approval by the Department of Public
Works, shall conform to the locations indicated in this Proposal and shall comply
with the following requirements:
(1) It shall be free of interference with the flow of pedestrians, wheelchairs, or
vehicular traffic;
(2) It shall allow ingress or egress from any place of business;
(3) It shall be free of interference with the function of traffic signs or signals,
hydrants, or mailboxes.
(b) Pay Telephones shall be placed or otherwise secured so as to prevent their being
blown down or around the Street or Sidewalk but they shall not be chained or
otherwise secured to any traffic or street signs, signals, hydrants, mailboxes, or other
Street amenities.
(c) Pay Telephones shall be placed, installed, used, or maintained so as to comply with
the Code of the City of Miami Beach and shall not be located within five (5) feet of
any pedestrian crosswalk, bus stop, taxi stand, or counter window or within fifteen
(15) feet of any fire hydrant, fire call box, police call box, or other emergency facility
or within two (2) feet of the curb.
(d) Upon receipt by the Director of a written complaint by a citizen, or oral or written
communication from a representative of the Police Department, Fire Department,
Code Enforcement Department, Building Department, Zoning Department, or
Department of Public Works that the location and use of a Pay Telephone constitute
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
15
a threat to the health and welfare of the community, the Director shall conduct an
investigation to ascertain whether the location and use of the Pay Telephone
constitutes a threat to the health and welfare of the community and shall advise the
City Manager of the condition. If the City Manager finds substantial evidence that
the location and use of the Pay Telephone constitutes a threat to the health and
welfare of the community, the Director shall then order that the Pay Telephone
Operator initiate the Public Service Commission process to limit the Pay Telephone
to outgoing calls only. If, within 90 days of the Director's order to initiate the
process, the Pay Telephone has not been restricted to outgoing calls, or if the City
Manager finds that the Pay Telephone continues to constitute a threat to the health
and welfare of the community after the Pay Telephone has been restricted to outgoing
calls, the Director shall ask the Operator to remove the Pay Telephone from the
Street or Sidewalk upon five (5) days written notice. The Operator shall be allowed
to provide a Pay Telephone at another location approved by the City of Miami Beach
Public Works Department. A "threat to the health and welfare of the community"
shall mean the existence of substantial criminal activity as defined in the proposal.
(e) Pay Telephones shall not be permitted in any Single Family District or Low-Medium
Intensity Multi Family District.
(f) Pay Telephones shall be permitted in all Commercial Districts except they shall
not be placed on the residential side of streets abutting residential districts.
(g) The City prefers that no more than one Pay Telephone may be placed on a city block
on each side of the street and at a minimum, every three city blocks or every 1000
ft., whichever is farthest.
(h) No Pay Telephone shall be placed closer than 2'-0" from the curb and if the right
of way dimension at any suggested location does not allow for this minimum
dimension, then no Pay Telephone can be placed at that location.
(i) Whenever feasible, Pay Telephones should be placed on landscaped right-of-ways
and swale areas to minimize pedestrian traffic interference.
G> Pay Telephones shall not be located on top of tree grates.
(k) Pay Telephones shall be located at the midpoint of city blocks and not at or near
the comers except where shown on the location map and approved by the City on a
limited basis.
(1) Pay Telephone locations shall be coordinated in such manner that if a Pay Telephone
is located in a particular street side on the North-South orientation, no Pay Telephone
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
16
shall be placed in the adjacent city blocks on the East-West orientation.
(m) Pay Telephones may be allowed in any State of Florida right-of way within
the City, provided that the Operator obtain written approval for placement of Pay
Telephones from the Florida Department of Transportation (FDOT). These streets
are Fifth Street, Collins Avenue, 41st Street, Alton Road, Normandy Drive, 71st
Street, Harding Avenue, and the portion of Indian Creek from 63rd Street to 71 st
Street.
(n) The City prefers that no Pay Telephones be placed on either side of Ocean
Drive except where shown on the location map and approved by the City on a limited
basis.
(0) No Pay Telephones shall be allowed in City parks except within community or pool
buildings.
All Pay Telephone locations shall be subject to the approval of City staff and shall be shown
in the map required with this Proposal and on an itemized list submitted with this
Proposal. Before any pay telephones are installed, the operator shall survey the neighboring
businesses and determine their acceptance of the specific placement. The results of the
survey shall be submitted to the City with the required drawings and documentation.
(3) Installation. Maintenance. and Technical Standards.
(a) All technical. standards governing construction, reconstruction, installation,
operation, maintenance, dismantling, testing, repair, and use of Pay Telephones
provided for herein shall be in accordance with all applicable federal, state, and local
laws and regulations, including but not limited to the most recent editions of the
South Florida Building Code, National Electrical Code and the National Electrical
Safety Code, Chapter 364, Florida Statutes, and the Public Service Commission
Rules and Regulations.
(b) If the Operator fails to satisfy the requirements of this Article, a five (5) day written
notice to repair the Pay Telephone will be given. Ifrepairs do not occur within the
five (5) day period after notice is given, the Public Works Department will perfonn
the necessary repairs and maintenance corrections on the Pay Telephone. The cost
shall be a minimum of $500.00 fee for each Pay Telephone in violation.
(c) Pay Telephones shall be maintained in a neat and clean condition and in good repair
at all times. Maintenance and service of Pay Telephones shall include, but not be
limited to the following:
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
17
(I) All visible painted areas shall be kept reasonably free of chipped,
faded, peeling, or cracked paint;
(2) All visible unpainted metal areas shall be kept reasonably free of rust
and corrosion;
(3) All clear plastic or glass parts shall be kept unbroken and reasonably
free of cracks, dents, graffiti, blemishes, and discoloration;
(4) All paper or cardboard parts or inserts shall be kept reasonably free
of tears, peeling, or fading;
(5) The structural parts shall not be broken or unduly misshapen;
(6) All telephone receivers shall be kept properly attached to the
telephones;
(7) No Pay Telephone(s) shall contain any advertising.
(e) All Pay Telephones shall be installed in accordance with the manufacturer's
installation procedure on the Adco Model 104 ST enclosure with sloped top and
P-2000 pedestal or approved equal. The enclosure shall bear the logo of the City of
Miami Beach.
LIMITATIONS
The Contract shall not be assignable by the Operator without the prior written permission of
the City of Miami Beach through formal amendment.
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
18
SECTION In - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as required.
Proposals which do not include all required documentation or are not submitted in the required
format, or which do not have the appropriate signatures on each document, may be deemed to be
non-responsive. Non-responsive Proposals will receive no further consideration.
~ 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. Pro.posal 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 Pro.posal
Proposer must include fee which will be paid to the City on a per Pay Telephone and
per year basis.
3. Acknowled2ffient of Addenda and Proposer Infonnation fonns (Section VIII)
4. The location map and the descriptive list showin~ all proposed locations on which
the re!lPOnder intends to place a P&Y tele.phone.
4. Any other document required by this RFP. such as a Ouestionnaire or Proposal
Guaranty .
B. MINIMUM REQUIREMENTS I QUALIFICATIONS:
The Proposer shall include documentation which demonstrates the Proposer has been in the business
of operating Pay Telephones for a minimum of five (5) years. The Proposal shall also include the
following:
1. The most recent audited financial statement available.
2. Five (5) references related to the installation and operation of Pay Telephones in the
public right-of-way.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
19
3. Information on the technical expertise of the Proposer in installing and operating
public Pay Telephones.
4. Copies of all necessary licenses required by the State to operate public Pay
Telephones.
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
20
SECTION IV - EV ALUA TIONISELECTION PROCESS: CRITERIA FOR EV ALUA TION
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 infonnation is desired,
Proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the Proposal which they
deem to be in the best interest of the City.
The Evaluation Committee shall base its recommendations taking into consideration the following
factors:
A. Number of years Operator has been in business.
B. Prior experience with the City of Miami Beach.
C. Quality and comprehensiveness of maintenance program.
D. Fee proposal.
E. Financial capability which shall be based on an audited financial
statement.
The above is a representative but not exhaustive list of criteria. The Evaluation Committee may
consider any other factors it deems appropriate or necessary for its recommendation.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the Proposal or Proposals, acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the 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 acceptance of which the City Commission
deems to be in the best interest of the City. The City Commission may also reject all
Proposals.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
21
8. Negotiations between the selected Proposer and the City Manager shall take place to arrive
at a contract. Negotiations shall commence with the top-ranked Proposer. If after a
reasonable period of time, negotiations fail to produce a mutually acceptable contract
between the City and the top-ranked Proposer; the City Manager may proceed to negotiate
with the second-ranked Proposer. This process will continue until an acceptable contract has
been negotiated.
9. 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.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
22
SECTION V - SPECIAL TERMS AND CONDITIONS
INDMDUAL OR CORPORATION FINANCIAL INFORMATION
1.
Attach an audited rmancial statement that indicates the financial capacity and viability
of the proposer to fulf'd1 the contract and complete the proposed capital improvements.
This statement(s) should be certified by an independent certified Public Accountant.
Further financial information may be required to clarify or to qualify the proposer for
rmal selection.
2.
Give the names and addresses of at least two (2) bank references. Include names and
telephone numbers of specific persons who may be contacted.
INSURANCE REOUIREMENTS
See Insurance Check List for applicability to this contract.
A. The Operator, at all times during the full duration of this contract, shall meet the following
requirements:
1.
Maintain Worker's Compensation and Employer's Liability Insurance to meet
the statutory requirements of the State of Florida.
2.
Maintain Comprehensive General Liability Insurance in amounts prescribed
by the City (see checklist for limits) to protect the interests of the City against
all risks of injury to persons (including death) or damage to property
wherever located resulting from any action or operation under this contract.
This policy is to provide coverage for premises/operations, independent
contractor, broad form property damage, products/completed operations and
contractual liability .
3.
Maintain Automobile Liability Insurance including Property Damage
covering all owned, non-owned or hired automobiles and equipment used in
connection with the work.
4.
Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as
an additional insured, the insurance companies hereby agreed and will
endorse the policies to state that the City will not be liable for the payment of
any premiums or assessments.
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
23
5.
No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
6.
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida and these companies must have a rating
of at least B+:VI or better per Best's Key Rating Guide, latest edition.
7.
Original signed Certificates of Insurance, evidencing such coverage and
endorsements as required herein, shall be filed with and approved by the City
of Miami Beach Risk Manager before work is started. The certificate must
state Bid Number and Title. Upon expiration of the required insurance, the
concessionaire must submit updated certificates of insurance for as long a
period as any work is still in progress.
8.
It is understood and agreed that all policies of insurance provided by the
Operator are primary coverage to any insurance or self-insurance the City of
Miami Beach possesses that may apply to a loss resulting from the work
performed in this contract.
B. All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
C. The Operator will secure and maintain policies of subcontractors. All policies shall be made
available to the City upon demand. Compliance by the Operator and all subcontractors with
the foregoing requirements as to carrying insurance and furnishing copies of the insurance
policies shall not relieve the Operator and any subcontractors of their liabilities and
obligations under the contract. Operator shall be as fully responsible to the City for the acts
and omissions of the subcontractor and of persons employed by them as he is for acts and
omissions of persons directly employed by him.
D. Insurance coverage required in these specifications shall be in force throughout the contract
term. Should any awardee fail to provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached, and justifying the termination thereof.
E. If Operator does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
F. It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
24
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insured
hereunder shall be considered members of the public; only with respect to liability arising
out of the ownership, maintenance, use, occupancy or repair of such portions of the premises
insured hereunder as are not reserved for the exclusive use of occupancy of the insured
against whom claim is made or suit is filed.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
25
xxx 1.
xxx 2.
xxx 3.
xxx 5.
INSURANCE CHECK LIST
Worker's Compensation and Employer's Liability per the Statutory limits of the State
of Florida.
Comprehensive General Liability (occurrence form), limits of liability $500,000.00
per occurrence for bodily injury property damage to include Premises/Operations;
Products and Completed Operations; Independent Contractors; Broad Form Property
Damage Endorsement and Contractual Indemnity (Hold Harmless endorsement
exactly as written in "insurance requirements" of specifications).
Automobile Liability - $100,000/$300,000.00-50,000.00 each occurrence-
ownedlnon-ownedlhired automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverage.
The City must be named as an additional insured on the liability policies; and it must
be stated on the certificate.
6. Other Insurance as indicated:
_ Builders risk completed value $ .00
_ Liquor Liability $ .00
_ Fire Legal Lia~ility $ .00
_ Protection and Indemnity $ .00
_ Employee Dishonesty Bond $ .00
Other $ .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the bid number and title.
PROPOSER AND INSURANCE AGENT STATEMENT
We understand the Insurance Requirements of these specifications as set both above, and as may be
set forth elsewhere this RFP, and that evidence of this insurance may be required within five (5) days
after bid opening.
Bidder
Signature ofInsurance Agent
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
26
SECTION VI - ATTACHMENTS
A. Cone of Silence Ordinance No. 99-3164
B. Public Pay Telephone Sample Location Map
RFP NO.: 61-98/99 CITY OF MIAMI BEACH
DATE: May 18, 1999 27
.,. .'
,
,
"
. .
ORDINANCE NO. ''''3164
AN OItDIN.\NC&OJPTID MAYOR AND CITY
COMMISSION or 1'111 aTY or MIAMI
1lACB. rLOItIDA ISTABLJSIII1IfG A "'CONE
Of SlLlNCI:" 'OR CITY COMPElIU..f;
BlDDINC PRO<"t$DS. BY AMElmING
CllAP'J'&R2 Of THE CODE OF TIU aTY or
MIAMI .ZACR ENTITLED
-A.DIIINJSTRAnoN," . aY AMDmING
AR11a..& VII ~,. &" luLD
-sTAND..uuJSOI'CONDOCr." BYCDA1'1NG
DIVISION 4 DITITU:D "I'IlOC1JIU:ME."
IIY CRZATlNG SECI'ION 2-4M &N'I1TLED
-coNI: or SILINCE" ay PROVIDING fOIl A
DUINITION. PlUJCUUIlI:S, AND
I'ENALTIES; PROVIDING POll BnAU:R.
1IV&RAIIln'Y, JNa.tJIION JIll TIlE aTY
CODE, AND AN &rncTIVt DAn:.
WA':"'lEAJ.1IIe Mayar IDli City CozamiaiCII. ofdle City ofMWni BcIcb.. ~'* of
Ildopdaa · "CClDI or SIIeIa" )llVClIdIn to JII'*Ct Ibe p.:o6<"ioaaI ~.it, of 1be City's
"'O....,et1tlw blddiDa JIIOCZIIbJ ",;.a.c..1be Cit7'. ~""11IlItt _
.......,... .. paley Pili; a II d IlereiancopliDll t!ae ~1IuO. of requ:iriDf pcnoIIS or
1lo-- It . .. Jllltofllle City'. oompeti.tfw: pro ra co diIcIoIe III (a _......~ trich tbc
CIty........ Ih.hl.~1DlI
~~
!. ~CIU .......eIecIId o1IIcills IIIdthe Clty'-....... . .-1 DIt~
..... ...d~ ......'pc.....1bouId be ill wridDa 10 1bIa it b~ r gDil . petoflbe public NCOId; IIId
'WIIIUAS. 1M pRlpOIe4 poIic:, ...... tbt riaIa of iDcIividlal. II) Pahloa their
ao'Vll'l\DDt Iacllhefr..... oftk:laIa; ad
\1huucaAS,1be poky ...~.... -.... . tbe Ipirit of Florida'. Oow.~ in die'
s........ Law.
NOW, THERErORE, BE IT ORDAINED BY THE MAYOR A~D CITY
COMMISSION OfTlii CITY or MIA.\U BEACH:
SECTION I. Section 2-426. of Division" or Article VII or Chapl~i 2 of the ~1iami Beach City
Code is hereby c:rea~ to rad as tollows:
Article VII. StaDdards or Conduct
..
.
.
Divi~jl)n 4. Pmeul't:mtnt
Sl!~. 2-48li. ConI! orSilenrf
.L. Conrr~ for me prnvision ofcrNVl" and ~~eI other than audit.tm.d IfJ.J'I>e.~~&.nl
PJ:..&le ~~~r fMt\6l!tl!lr C~l.aL..M ~Cl CQ"'~fI,
L&l "'Cone of Sil~e" is herebv defined to m~n a pmhihitinn on. tal any
communic:atiftn tenrdincr a parri~u[Ar R~Jl~ fnr Prnl'kl!C..1 ("RPP") ~~st
for Qualification!: {ttRFQ"l 'f!(Ju~~ for Ll!tte" offmert!5t (-RFT .1-) or bid
he~~~ a ptltrnti.al vendnr 2tV~e providt!r bidd!!r lohh,,'i.st DI' cnn~nltan[
.and t"'~ City'~ nrnfeHion:l1 ~afF ineludin9. but n.ot limited 10 the City
Ma.nlt"~' And hi!.'; or her ttaff- -and Ihl any c:ommunit:atinn rHATdir'lit a
Ilartieular RFP RFO RFt.r or bid betwern the MaYer Citv Cnmmi"~on~
at their ~ti~ ~f& and allv m~h~ of the- C"","~ nmf~~iona.i ~ff
ineludin" hut not limitM It'.) the City MSTUlG@f Md I1h or h~ ttaff
Notwi1hmndln~ the fnre~ino t~ Cn~ nf Sil~ sball "nT .."",h, to
cnmJ)l!tiriv~ "~:lse~ ror the a\\l8rd of CUBO "'o~ SHTP,.md StlJ'ta\(
FUMe adrnini~~ bv the Miami Beach Office o(Communirv ~eIQpment.
and ~ommunications with till! Citv Anomev and hi~ or her staff
au Procedure
fil A Cnrtf! o'Sil~r shall ~ it1lrtosed Uoon each RFP RFO Rl=LI.. and
bid aft~r th~ sdvPl"rj~t of said RFP RFO. RFl.1 t\r bid. At the
tiftV! nfimposjtion of the Cone ofSiJenee.. tfoJe City ~an_srer Of' his or
Mr desit:m~ shall Dm'Yid~ rnr nublic ~otic:e ofth~ Cone of Silen~
~ ~h\; Manager.dull) iftClude in an". DUhlie solieitatinn fer Voods
:lnd 2l"Yic:es a !ltatement disclO!lna tile rtquiremenrs Df this
ordina!"M!e
Liil The Co~ of Silmce shall t~inarr a\ 31 the time d\e Ci~,.. MlIl\ager
make~ hi~ Qr h~r wrin~ recommendation as In selertion of a .
:2
Vi
D.1r1kulm- RFP RFO RFU. 01' bid 10 me CitvCommission- provided,
oowever th:u if the City Cnmmiuio'n refer!: the! ~1:1na:er.s
rrenmmendation back In me Cilv ~1arlllr:<< Of' stalT (or ~ 1'l!Vi~.
rh.! Cnne nr ~ilenr:r! ~hnll ~ reim~ u"ril :!~h rim~ 35 th~
~1o.naner mnk~, a ~\lMrqlJenr written *nmmr1ldttrion IlT hl in thl!
~"'f!nl nf' r:nnrt:tlC~ for less than!: 1 0 000 00 when the ~ih.' ~(anaal!r
executa the oonlr'aa
W E.'I[cqJDon5 TtMt Dmvisions of Ihis ordin:lnce llhall nO! .:mv1v 10 oral
communiarions III pre-bid conferences or:lll')~ntatinns before :t.:lation
e~'lllWltion eornmi~ contract RCI&tiatirJft.l di~5inn!l durine :tn't,/ cuI\."
noticed l1uhlie ~i.,O' pnbfi~ nrr~entarinn~ ~dp. In I~ C":i~ C'ommi~.on~
dllJ'ing anv rttJlv nnrrced rmblic m!!r!:inv conrra~t ~~iatinns with Ci~ staff
rollowil18 the aw3Td or an RFP RFO RFLI or bid ~. th~ c~\'{ Comm,ssion
or L~municaljDng in wririnV at .am" time \virh 3n'" Cit'\: f!mptO\iH. official or
me-mbe'r of me eil,," Comruission unLess $peeiti~II'\o' nrohihitrd h\" the
2"nli~ble RFP R~O RFl r r.r bid docu~n~ 1ft!! biddf!.r or proposer shan
fil~ :l COl')Y of any wri~ commlDlic:4tions ....ilh the Citv CI~k The City
CI~rlc ~h.1I make copi~ .:!v.:lila~l~ ~o any person unon reaue!!t
...
-
Audit .!!lM IPSIC Conlracts
(&} "C~fte' of" Silen~~ft i~ he~hv d~flnM In mean a pmnihition on. fa) ~\-'
cnmmnniC2ri"'n~ '~i:1rd;n~ ~ Dal'ticular RFP RFO RFr r. or bid betwl!ert a
~::~~:~~':~~~~~=i~~= a: :::::~a;:f:::
Cit~"'s omt'i!!ssional !lntTincludiOi bul not limited to the CilV Manall'cr and
his: or her Staff and lbl anv oral enmmunic:ation rel.rdina: a pa-,;cular RFP
RFO RJ:'LI or hid ~rw~ ~ Ma.\'nr C"it\.. Cnmmi~~irH1ers or their
r~ective ~.aff~ and any membt!r at" [he <:In'.s p-o~~ional ~taff incfudini
but nOT limited to the Citv Man~ and his or her- staff: :-.i~itlmalldini the
forr-onincr the Cnne nfSileqee !haU nQt applv m communications with the
Ci.,' ~rtom~' and hi~ or h~r staff.
au ExCeDt as 'Provided in 5uMections ?(cl and 2{d) hereof a Cor-e nfSilencc
shall be im~o5ed llpnn ea~h RFP RFQ. RFt.I~ or biG mr .audir n...A. IPgJC
~~l"\'i~&!'~ MTt!Tthl!! ad'\f~rtiV'mPT1t of said RFP R.FO RFlt or bid. At the! lime
of ,hI!! jmnnsition or the Cone of Silen~e the! City M.a.nsI"er or his or her
cJ~iin~ VJall pmvidl! For rh~ nunJi~ notice of the Cone ofSileonce The' Cone
ofSileftCt! shnH ~inare II..I.eft tht: Cift l1.flti BIer .!](!!~!I!21lll..L..I:!tilllf' attdit
dr W~Ir: .!1l8[Ji18e( a) at the time the City Manasr~r malc~ his O!' her written
recommendation _s to the selection ora DMticular RFP RFO RFLI or bid
to thl! Citlo Commission" pm....idm hoWEver. thnl if the City Commission
rc~1'! the Manag~'s recommendation back to the Cin Manaler or stllfffor.
3
furtlu!r review ~ rnnP n"Sil~t! 1h2l1 Ix! reim~ unril such tim~ as ~
Mllnlllrrr maIc~ a YllKeq~nr written recommenda~ion or b) :; ~:~: ::~
of cQn~~ for I~E thlln $10.000 00 whltn mlt Cltv MGI\ICY I
COnlflK:J
~
NOlhi"~ ennlained ne~in ...all rwcni!';r ~n... hidd~r nr rlroDO~r' r i\ fmm
makinl! ~ublic ~rllrinno; ,:It duly ~'iced pre:hid C~?fere::~;:~~~~:
duhr noticed ~~...II..n l!!Wh.JJltlnn cnmmltt~ meetln~' (lIl rm .,
c:onlmcll'lll'l(. .li,It;~M dioo:nM<ions durina 3nv dulv noticed publi: ~~~r~;
fiorJm ~npiri~ in eon~ ner1otiarinru. with. City ;Wf fnl1o~
an RFP R.FO RFLr or bid for audit hv the City Commi~~nn"nt {iv' fm~
rommunic.ating in writinl1 wilh .a.n" City emnloyee or nffi~iai tor nllQ'oses of
seel:il\ll, cl~rificatilln Or Nttf!,io,,?1 inform~ti.nn f~m the ~ilV or =~~~
In rh~ Clf'" l r~QtJe!Ct for ~Iftnfi~anon or addTlrnnaJ rnfonnatlnrt.. su
pt'O\;si01''' of~ :mnlic:lhle RFP RFO RFLI or bid doCtJrnefllS The bidder
or nl'Qpo~r ShAn file .I COPy of anv written Communication v.~: ~~: ~;;:.
Cleric Th~ ri~. CI~ $ha.l r "'.lre copi~ aV3.1lahle to the (!~"~I h' u n
requ~~
U1l
Nothinv contained ~~n shl!lll ~hibi[ any (~bbvi!lt ~~~~~:::;::.:
oilier n~n or ennrv tMm pl,lbhc:lY addreurnv the (':1 _
durilll any dUly nolic:ed Dublic meetin.. tw:llarrlina action On ~\.i.~~;i
fP&K; COnlr:l.~. ~ Cirv M.nn3~r !ihan int::ll1~ t" an" [)llbfi~ ~oH i f r
audirine l!W rp~IC ~~rv1C~g a !tIa.t~en[ di~e]o$i"D' the reauirem~~; ~fdajs
ordina~t!
~
Violatinno;/P~'ri~ an~ PmeM~ J.~Md;(;M ( Ihe~:~t~~~~~rll~~~~
~ An alI1l1M "tolarIon nf thIS Section ~ bv a T r _. .
shalT mbieer !laid bidder or proposer to me same oTnt'edures ~~:: ~~ =
2..4~7nl and (ll~ !hall render any RFP a.ward.. RFn ~ward_ RF ~_
10 ~id bi~r or m'QPo..,r void~ ~ said biddll!1' or 1)m:~ ~~:I~f~:~:
collS1d~d for llnv R~ RFO RFLr or bid for a contract for the 5.. 0
or ~ices fOT a peri~ ?f one year ~nv pe~~ who Vi~~:~:; ::::?~f:E
ordtrUn~r' sh211 M pmFnhtred fro;" servmtr 0';' a en" l;t'JJ I~L~ . ~
commin~p In :ldtfitinn (0 any od)er nena[tv pmvidai hv law viol~~ion oi;~v
Ilrovi.!;ion of this ordinance hv :! Citv II!mplmree ~hall subi~c~ sa~ i;:~ov:e :
disd:pfinarv artiaD un m at'td ineludinv diVl'1ill;;~al Addiriongji... nv e ..vh h~
personal knoWI~II~. of II viol.arion nf [hi, o.rdin~ ~hall r~po~ = ~:~i;~n ~ ~h:
Slate Arro~.... tlndlnr ma..~ file :1 complaint ""th rhe Mllml_ ." E hu~
C "",mi~5in".
4
S~C'TTnN 2. REPEALER.
That 111 Ordinances or partS oiOrclinantes ill contlia herewith be and the same are hereby
repealccL
.
SEmON 3. SEVltRARIUTV.
If Iny section, subscctiOl1.. clause or provision of dtis Ordinance is hefd invalid, dle Iemainder
sball not be affe=d by such invalidity.
SECTYON" CODIIl1l'"TION
It is the mDrion oilbe Mayor III\d City COmmissiOfl of the City of Miami Beach. and
it is bcteby orcIaiDed !bat the proVisions of this ordUl.1nCt: shaIl bc<:ome and be made . part of the
Code of tile City ofM"&aItli Beach, F1orida. The sections o(tbis ordinance may be renumbered or
relettered to accomplish such inr.eatioJl, and !he word "ordinance" may be c:bll1\led to ~secliOl1'.
"8l'ticle," or other appropriate word.
SECTION ~. EFrECTlVE D4.TF.
This Ordinance shall taJcc effect on tJJe ~ day of Juuary
,1999.
PASSED and ADOPTED this ..!!!!.. day of January
.1999.
A TIEST:
~f PtU.~
CITY CLERK
'JII
MAYOR
.~""'.~""'_fIiIo
APPROVED AS TO
FOIM&~
& Fat IXECtrnoN
lat ~.ad1D1 12/16/'.
2.d ~.&diaa 1/6/'9
5
~~ IJliP-
NORTH BEACH
ZONE 4
MiDDLE BEACH
ZONE 3
SOUTH BEACH
ZONE 2
SOUTH BEACH
ZONE 1
..-'r:.~"..._
..-
I '31lP STREET
.
.
,
~
17'n&~TREET
.
~
.
,
\o!'&-&-oI'
WlAWI BC..ot
OrT 07
SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
CitylState:
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 undentood and agreed by the Proposer that by submitting a Proposal, Proposer shall
be deemed to undentand 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.: 61-98199
DATE: May 18, 1999
CITY OF MIAMI BEACH
28
REQUEST FOR PROPOSALS NO. (Number)
ACKNO~EDGMENTOFADDENDA
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 ofstaff
Date
(proposer - Name)
(Date)
(Signature)
RFP NO.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
29
DECLARATION
..
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 states that the Proposal is based upon the documents identified by the following
number: RFP No. 61-98/99.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO.: 61-98/99
DATE: May IS, 1999
CITY OF MIAMI BEACH
30
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a COlJ)oration. answer this:
When Incorporated:
In what State:
If Foreip COlJ)oration:
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 ofDiredors:
RFP NO.: 61-98/99
DATE: May 18, 1999
QUESTIONNAIRE
CITY OF MIAMI BEACH
31
Ouestionnaire ~ontinued)
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:
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
32
Questionnaire (continued)
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.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
33
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 aU persons and entities who may be involved with this ProposaL
This list shall include public relation firms, lawyers and lobbyists.
RFP NO.: 61-98/99
DATE: May 18, 1999
CITY OF MIAMI BEACH
34
The Proposer undentands that information contained in this Questionnaire will be relied npon by the City in
awarding the proposed Contract and such information is warranted by the Proposer to be true. The undenigued
Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to the
qualifications ofthe Proposer, as may be required by the City Manager.
The Proposer further undentands that the information contained in this questionnaire may be confirmed
through a background 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
Signature
By:
(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.: 61-98/99
DATE: May 18,1999
CITY OF MIAMI BEACH
35
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: 13051 933-7490
FAX: (3051 673.7851
REQUEST FOR PROPOSAL NO. 61-98/99 (AMENDED)
ADDENDUM NO.1
June 30, 1999
City of Miami Beach Request for Proposal No. 61-98/99 for THE PLACEMENT OF PUBLIC
PAY TELEPHONES ON THE PUBLIC RIGHT-OF-WAY AND ON CITY PROPERTIES,
is amended as follows:
ADD.:.
Prospective proposers must submit a request for the Citys' location map via e-mail
to; procurement@ci.miami-beach.t1.us
Upon receipt of the request, the Procurement Division will reply via e-mail with an
AutoCad format file of the Location Map.
AImi.
Answers to Questions received to date, will be addressed in a following Addendum.
~.
The bidder DUISl acknowledge receipt of this addendum, as well as receipt of all addenda, on the
proposal page. --
All other terms and conditions of Request for Proposal No. 61-98/99 remain unchanged at this time.
"
--
CITY OF MIAMI BEACH
U.U12~
Michael A. Rath, CPPB
Procurement Director
.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
, , ':-\
m
COMMISSION MEMORANDUM NO. ~ 35 -57'
-TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: May 12,1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTIO THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE
REQUEST FOR PROPOSALS (RFP) 61-98/99 FOR THE PLACEMENT OF
PUBLIC PAY TELEPHONES ON THE PUBLIC RIGHT-OF-WAY AND ON CITY
PROPERTIES.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On July 26, 1995, Ordinance 95-3005 was adopted for the regulation, permitting and placement of public
pay telephones in the public right-of-way_ The Ordinance intended to provide better management of the
location of public pay telephones by the City and of the maintenance of pay telephones placed on the right-
of-way.
On March 20, 1996, Ordinance 96-3041 was adopted amending Ordinance 95-3005 by providing for
modifications to the permit fees structure and substituting the pay telephone enclosure required by the City.
On July 1, 1998, Ordinance 98-3129 was adopted further amending Ordinance 95-3005 by providing for
immediate removal of pay telephones installed without permits and by establishing a removal and retrieval
fee for pay telephones removed by the City. In 1998, Ordinance 95-3005 and its amendments were
incorporated into the Code of the City of Miami Beach, Florida under Chapter 82.
On December 2, 1998, Ordinance 98-3157 was adopted amending Chapter 82 by establishing a temporary
moratorium on the issuance of public pay telephone permits and renewals for ninety (90) days. In this
Commission agenda, an Ordinance is being submitted for second hearing to establish a second
moratorium for 150 days to allow the City to complete the RFP process.
ANALYSIS
I
I
l..
At the Land Use and Development Committee meeting of October 19, 1998, there was discussion on the
proliferation of pay telephones in the right-of-way and a proposal was presented to explore obtaining a
AgendaItem C.ilL-
5-1'2- 99
Date
345