Loading...
98-22867 RESO RESOLUTION NO. 98-22867 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PURCHASE OF PUBLIC ADVERTISEMENTS IN A SPANISH-LANGUAGE PERIODICAL, AND TO EXTEND THE EXISTING CONTRACT WITH ART DECO TROPICAL ON A MONTH- TO-MONTH BASIS UNTIL A NEW CONTRACT IS EXECUTED. WHEREAS, on July 15, 1998 the Mayor and the City Commission directed the Administration to issue a Request for Proposals (RFP) for the purchase of public advertisements in a Spanish-language periodical so that consideration may be given to awarding this contract to more than one publication; and WHEREAS, the first year of the existing contract with Art Deco Tropical for providing these services expires on September 14, 1998; and WHEREAS, the Administration has requested the extension of the contract with Art Deco Tropical on a month-to-month basis until a new contract is executed; and WHEREAS, the Administration has drafted a Request for Proposals for providing the said services and set a tentative date of October 9, 1998, as the deadline for receipt of proposals. 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 authorize the Administration to issue a Request for Proposals for purchase of public advertisements in a Spanish-language periodical, and to extend the existing contract with Art Deco Tropical on a month-to-month basis until a new contract is executed. PASSED and ADOPTED this ~ day of September, 1998 1~ MAYOR ATTEST: ~r fQ;\~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION jf 11; f!i)JF- City Attorney fk/)Jo r'\~. ~ :ITY OF MIAMI BEACH ~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lttp:\\ci. miam i-beach. fl. us .5,C, ) t,' _01 V COMMISSION MEMORANDUM NO. "-. _ _ _ u TO: FROM: Mayor Neisen O. Kasdin and DATE: September 9,1998 Members of the C~'ty Co ission Sergio Rodriguez City Manager A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the Administration to Issue a Request for Proposals (RFP) for the Purchase of Public Advertisements in a Spanish-Language Periodical, and to Extend the Existing Contract with Art Deco Tropical on a Month-to- Month Basis Until a New Contract is Executed. SUBJECT: ADMINISTRATION RECOMMENDATION Approve the issuance of the attached RFP and the extension of the existing contract. CONTRACT AMOUNT AND FUNDING Funds are available from the budget accounts of various using departments. BACKGROUND On September 15, 1997, the City executed a contract for the purchase of public advertisement in a Spanish-language periodical with Art Deco Tropical, pursuant to RFP No. 70-96/97. The contract was awarded for a one-year period, with two one-year renewal options at the sole discretion of the City. One of the key factors which led to the selection of Art Deco Tropical as the top-ranked publication was a demonstrated ability to publish on a weekly basis. When the City learned that Art Deco Tropical was no longer printing on a weekly basis, a report was made to the City Commission at its July 15, 1998 meeting. As a result of the discussion which took place, the Administration was directed to issue a new RFP for the City's Spanish-language advertising requirements. CONCLUSION The issuance of an RFP will allow the City to consider new proposals for advertising in a Spanish- language periodical. '\'arl SR:RP:f\M:jf /,.&/ ~ Attachment AGENDA ITEM elF q -0, -9L DATE RFP NO.: DATE: CITY OF MIAMI BEACH RFP NO. 105-97/99 REQUEST FOR PROPOSALS FOR PURCHASE OF PUBLIC ADVERTISEMENTS IN A SP ANISH- LANGUAGE PERIODICAL A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR SEPTEMBER 29,1998, AT 2:00 P.M. , IN FIRST FLOOR CONFERENCE ROOM ON THE FIRST FLOOR OF CITY HALL. SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN OCTOBER 9,1998 AT 2:00 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 105-97/99 9/10/98 CITY OF MIAMI BEACH 1 T ABLE OF CONTENTS Pal:e I. OVERVIEW AND PROPOSAL PROCEDURES 3 II. SCOPE OF SERVICES 8 III. PROPOSAL FORMAT 9 IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 11 V. GENERAL PROVISIONS 13 VI. SPECIAL TERMS AND CONDITIONS 15 VII. ATTACHMENTS 15 VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 16 RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 2 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONIBACKGROUND The City of Miami Beach is soliciting proposals for the provision of public advertisements in a Spanish-language periodical in an effort to notify and inform the Hispanic public of job announcements, public hearings, and/or other public information. Placement of advertising will be based on available funds. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued and available for distribution September 10, 1998 Pre-Proposal Conference September 29, 1998 at 2:00 p.m. Deadline for receipt of questions September 30 , 1998 Deadline for receipt of proposals October 9, 1998,2:00 p.m. Evaluation committee meeting October 15, 1998 Commission approval to accept ranking and authorize negotiations November 4, 1998 Contract negotiations November 5, 1998 Projected contract execution date November 20, 1998 Projected contract start date December 1, 1998 C. PROPOSAL SUBMISSION An original and seven copies of the complete proposal must be received by October 9, 1998 at 2:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted and will not be considered. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 3 D. PRE-PROPOSAL CONFERENCE A Pre-Proposal Conference has been scheduled on September 29, 1998 at 2:00 p.m. in the First Floor Conference Room of City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Proposers are encouraged to submit written questions to the contact person in advance. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP due date. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in written addenda to this RFP. Proposers are required to acknowledge in their proposals the number of addenda that they received. Proposers should verify with the Procurement Division prior to submitting proposals that all addenda have been received. F. PROPOSAL GUARANTY N one required. G. 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 the proposal is withdrawn in writing prior to the proposal due date or upon expiration of sixty calendar days after the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 4 H. RFP POSTPONEMENT/CANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any proposals received as a result of this RFP. I. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne by the proposer(s) and not be reimbursed by the City. J. VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. All proposer(s) must reeister prior to award; failure to reeister will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License 5. Notarized Florida Public Entity Crime Affidavit It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. Where exceptions are rejected, the City may require the proposer to furnish the services or goods described herein, or negotiate an acceptable alternative. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 5 L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected proposer. This process will continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Unsuccessful proposers may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after contract award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility. P. DEFAULT Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, such failure may be grounds for removing the proposer from the City's vendor list. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 6 Q. CONFLICT OF INTEREST The award of this RFP is subject to provisions of State Statutes and City ordinances. All proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting proposal, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. S. RELATION OF CITY It is the intent ofthe parties hereto that the successful proposer shall be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 7 SECTION II - SCOPE OF SERVICES The City of Miami Beach requests for purchase of public advertisements in a weekly Miami Beach- based Spanish-language periodical. Placement of such advertisements will be based on available funds. Departments who may be placing such advertisements include Human Resources, the City Clerk, and the Public Works Department. This contract may be used for advertising notices of City Commission meetings, public hearings, Special Commission Meetings, election notices, ADA- related notices, and employment opportunities. Any department or division which places such advertising shall issue a Standing Order or Purchase Order, and any invoices must reference the correct Standing Order or Purchase Order number in order for prompt payment to be made. The selected periodical will return to the appropriate Miami Beach Department or Division "tear sheets" that contain the printed version of the advertisement, or a complete copy of the edition. Payment will be made following publication of the advertisement and submission of an invoice. No other advertisements will be placed without the receipt ofthe prior month's "tear sheet" and invoice. The Contract shall be for one year, effective from date of award execution, with two one-year renewal options, at the sole discretion of the City. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 8 SECTION III - PROPOSAL FORMAT Proposals must contain the below-enumerated documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL 1. Table of Contents Outline in sequential order the major areas ofthe proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below, and provide documentation which demonstrates ability to satisfy all of the minimum qualification requirements. Proposals which do not contain such documentation may be deemed non-responSIve. 3. Price Proposal Proposer must include advertising rates which will be charged to the City. 3. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 4. Any other document required by this RFP. such as a Questionnaire or Proposal Guaranty. B. MINIMUM REQUIREMENTS / QUALIFICATIONS: - The periodical's business office must be geographically located in Miami Beach, Florida., and possess a valid CMB Occupational License. Residential addresses and P.O. boxes do not qualify. - The periodical must have been published monthly for at least 12 consecutive months prior to October 9, 1998. Copies of all issues from the prior 12 months must be provided to the City. The periodical must publish on a weekly basis. - The periodical must submit with their proposal a notarized statement of publication for the prior 12 months, stating that circulation is at least 10,000. The statement will be subject to audit by the City. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 9 - At least 75 percent ofthe periodical's circulation must be within Miami Beach, Florida. A list of all locations at which the periodical has been available to the public for the last six months must be included. Any changes made within the last six months must be described, and their effective dates must be provided. Proof to be submitted with proposal. - The periodical must provide the City with its proposed published rate card for its standard advertising rates, as well as advertisement specifications, including deadlines. The periodical must also provide the City with a price guarantee for at least 365 consecutive days. - The periodical must provide the City with scheduled distribution dates, and the publication dates must be clearly stated on the masthead or cover of the periodical. - The periodical must follow a "general news" format, covering local (Miami Beach), regional, national and/or international news and limit editorial content to the paper's editorial section. Also, the periodical must not serve as the arm of a political party, political candidate(s), elected official(s), and/or represent any religious organization. The selected periodical will return to the appropriate Miami Beach Department or Division "tear sheets" that contain the printed version of the advertisement, or a complete copy of the edition. Payment will be made following publication of the advertisement and submission of an invoice. No other advertisements will be placed without the receipt of the prior month's "tear sheet" and invoice. - The periodical may offer to the City free additional advertisements or publicity regarding City matters of public interest; if so, the amount of free space being offered and the other terms of the offer must be stated. -Any exceptions to these minimum qualifications must be clearly stated in proposals submitted in response to this RFP. The City makes no guarantee that it will accept any proposal, but will have the sole discretion to accept or reject any exceptions and/or proposals, and to accept any proposal deemed to be in the best interest ofthe City. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 10 SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations before the Evaluation Committee makes its recommendation. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals that the Evaluation Committee believes to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: Certified circulation within Miami Beach and number of locations for distribution in Miami Beach Past history of publication, and ability and reliability to publish on a weekly basis Cost of placement of advertisement Format of periodical Whether the proposer offers free advertisements or publicity to the City, and if so, the terms thereof 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals that the City Manager deems to be in the best interest of the City. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 11 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another proposal or proposals. In any case, the City Commission shall select the proposal or proposals that the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager shall take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has or have done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 12 SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose ofthis contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT Ifthrough any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 13 D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of the written termination notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 14 RFP NO.: DATE: SECTION VI - SPECIAL TERMS AND CONDITIONS 105-97/99 9/10/98 None SECTION VII - ATTACHMENTS None CITY OF MIAMI BEACH 15 SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 1. Proposer Information 2. Acknowledgement of Addenda 3. Declaration 4. Questionnaire RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 16 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result ofthe RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 17 REQUEST FOR PROPOSALS NO. 105-97/99 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date (Proposer - Name) (Date) (Signature) RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 18 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: 105-97/99. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 19 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Foreia=n Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: RFP NO.: DATE: 105-97/99 9/10/98 QUESTIONNAIRE CITY OF MIAMI BEACH 20 Ouestionnaire (continued) 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.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 21 Ouestionnaire (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.: DATE: 105-97/99 9/10/98 CITY OF MIAMI BEACH 22 The proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a 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 By: Signature (General Partner) (Print Name) (print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary (CORPORATE SEAL) RFP NO.: DATE: 105-97/99 9/1 0/98 CITY OF MIAMI BEACH 23