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PSA with BALLARD PARTNERS, INC. 'o/7- 36/ao PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BALLARD PARTNERS INC. FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES, PURSUANT TO RFQ 2017-232-WG This Professional Services Agreement (Agreement) is entered into this 1st day of February, 2018, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the City), and BALLARD PARTNERS INC., a Florida for profit corporation, having its principal offices at 201 East Park Avenue, 5th Floor, Tallahassee, FL 32301 (Consultant). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Office of the City Manager, Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Qualifications (RFQ) No. 2017-232-WG for Federal Governmental Consulting Services, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFQ), and the Consultant's proposal in response thereto (the Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; any addendum to the RFQ; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit"A" hereto (the Services). Although Consultant may be provided with a schedule of the available hours to provide its services, the City shall not control nor have the right to control the hours of the services performed by the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, Consultant should contact the following person: Marcia Monserrat, Chief of Staff City of Miami Beach Office of the City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, Fl 33139 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit"A" hereto. SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of three (3) years, with three (3) additional one (1) year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. 2 SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of$8,566.67 per month. 4.2 Reimbursable expenses must be approved in advance by the City Manager or designee. The request for reimbursement must be detailed and completely substantiated by the related receipts, proof of payment, or any other supporting document requested by the City Manager or his designee. 4.3 In the event the Agreement is terminated, the fees will be prorated, based upon the number of days in the month (in which the termination became effective) for which services were rendered by the Consultant, through the effective date of the termination, as compared to the total number of days in such month. Upon demand by the City, Consultant will refund to the City any overpayments received. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach Finance Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Fl 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at 3 its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 5.2 TERMINATION FOR CONVENIENCE Of THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION • Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant 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 and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way 4 limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Consultant Professional Liability, in the amount of$1,000,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. 4. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary 5 by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc.which are required to be disclosed pursuant to 6 Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 7 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.6.1 LOBBYING OF CITY OFFICER OR STAFF MEMBER. Section 2-485.2 of the City Code of the City of Miami Beach, Florida, prohibits a lobbyist retained by the City from lobbying any City officer or staff member on behalf of a third party during the term if its agreement with the City. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied 8 within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 9 (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMIAMIBEACHFLGOV PHONE: 305-673-7411 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Brian D. Ballard Ballard Partners Inc. 201 East Park Avenue, 5th Floor Tallahassee, FL 32301 TO CITY: Marcia Monserrat, Chief of Staff Office of the City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, Fl 33139 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. 10 SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. • 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] • 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: C Clerk ,\,,„\\A 8 c1. Mayor Date: • )ORATED FOR CONSULTANT: ' ;$ALLARD PARTNERS INC. i i^) y ATTEST: By: l.J l'l.L 62i .- I— Agi r Carol L. Bracy, Treasurer Brian D. Ballard, President Print Name and Title Print Nm,nd Title pA . A,, and Secretary .``‘ O . Date: 1 /29/2018 :cSE •• m1998 iCC)) = ��RIOP'--• •AP► eil: GUAGE .41,FELUTION 12 /g City Attorney Att Dot EXHIBIT "A" TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FIRM BALLARD PARTNERS INC FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS 2017-232-WG SCOPE OF SERVICES 1. OBLIGATIONS OF THE CONSULTANT In addition to the services generally provided by Consultant as set forth in Consultants Proposal, Consultants shall specifically include the following services A. The Consultant will confer with the Mayor and the City Commission; the City Attorney; The City Manager, and other such City personnel, on all organizational planning and program activity, which have a bearing on the ability of the City to make the best use of federal legislation, programs and funding opportunities. B. The Consultant will identify and notify the City Manager or City Manager's designee, at least (30) days in advance, of federal programs relating to the City's areas of interest including, without limitation, the following: transportation (e.g. ITS and related goals), intermodal programs, community and economic development, environmental matters, coastal erosion, beach nourishment, infrastructure improvement, hurricane recovery efforts, disaster relief funds, disaster mitigation/resiliency funds, improvements in the national flood insurance program, housing and urban development, homeless programs, urban development, homeland security goals, financial and budgetary, and other areas of interest to the City. C. The Consultant will review, identify and monitor federal legislative, executive, and regulatory policy changes or developments for the purpose of advising the City on those items which may have a bearing on City policies, funding and programs. D. Within thirty (30) days from the Effective Date of the Agreement, Consultant shall provide the City with a detailed list of all upcoming federal programs which may align with the City's areas of interest. Within thirty(30) days from receipt of the list of federal programs, the City Manager or City Manager's designee will confirm which initial areas of interest the Consultant will be authorized to pursue (the Stated Goals and Priorities), which may be subject to change from time to time, in the City's sole discretion. 13 E. The Consultant will maintain liaison with the City's congressional delegation and will assist the delegation in connection with the Stated Goals and Priorities. F. The Consultant will counsel with the City regarding appearances by City personnel in negotiations with administrative agencies concerning City Projects requiring federal assistance and cooperation. G. The Consultant will assist the City in the renewal of executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations, and other developments for the purpose of advising the City with respect to the Stated Goals and Priorities. H. The Consultant will communicate and coordinate with other lobbyists representing interests which are consistent with those of the City in obtaining the Stated Goals and Priorities of the City. I. The Consultant will assist in contacting federal agencies on the City's behalf on a mutually agreed upon basis when City funding applications are under consideration by such agencies. J. Consultant shall actively establish a strong identity and presence in Washington D.C. on behalf of the City. This effort shall be reinforced by involvement in the political, regulatory actions on behalf of the City. K. The Consultant will actively establish and maintain working relationships with the executive and legislative branches of the federal government that will enhance the City's position with respect to financial assistance applications, regulatory procedures, legislation, budget authorizations and appropriations, and other areas of interest to the City. L. The Consultant will consult with the City, at least thirty(30) days in advance, regarding any proposed formula changes in the Community Development Block Grant or any other major federal programs to determine their impact to the City and take the necessary steps, as mutually agreed upon, to influence changes in the best Interest of the City. M. The Consultant will represent the City at Washington, D.C. area conferences and/or annual meetings, as may be requested by the City. 14 N. The Consultant will travel to the City and conduct two briefings with the City Commission and City executive staff each year. During the briefings, Consultant and the City shall review current matters being addressed by Consultant, as well as upcoming or potential matters which could be of interest to the City. Within five (5) business days following each of these briefings, Consultant will submit to the City a written report containing all matters discussed during said briefings. 0. The Consultant will provide the City Manager's designee with a detailed monthly status report including clear guidance and updates regarding any applicable timetables that would affect the Stated Goals and Priorities and will indicate upcoming matters which may have a bearing on the City's policies, programs, or areas of interest. By December 15th of each year, Consultant will submit an annual report of accomplishments achieved on behalf of the City. Additionally, once available, Consultant shall provide targeted analysis of federal agency and congressional spending plans for the upcoming fiscal year. P. The Consultant will respond to any requests from the City within two(2) business days. Q. The City's position on key legislative action, shall be transmitted to federal legislature and staff, as well as Committees and federal agencies (as appropriate) and other interest groups. This may be accomplished through personal discussions with congressional delegation, committee consultants and agency representatives, direct lobbying of legislators, meeting with state agencies and other interest groups represented at the state level, testifying at appropriate policy and fiscal committees and agency hearings, orchestrating statements of legislators, prepare and send letters notifying appropriate officials and agencies of the City's position and drafting announcements. Design and implement a strategy, in consultation with the City staff that raises the consciousness and awareness of issues relating to the City of Miami Beach with congressional leaders and broadens and improves direct communication of City staff with the federal leadership; F:\PURC\$ALL\Solicitations\2017\2017-232-WG(RFQ)Federal Governmental Consulting Services(rebid)\13- Negotiations\PSA Federal Governmental Consulting Services 1.10.18.doc 15 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 Resolutions-R7 C MIAMI B EAC COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: December 13,2017 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2017-232-WG, FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BALLARD PARTNERS, INC.; AND IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH BALLARD PARTNERS, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FERGUSON GROUP, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. • RECOMMENDATION Adopt the Resolution. ANALYSIS On December 14,2017,the Mayor and City Commission adopted resolution 2016-29357 authorizing the extension of the existing agreement with MWW Group, LLC, for Federal governmental lobbying and consulting services, on a month to month basis, terminable by the City for convenience and without cause, upon thirty(30)days written notice to MWW Group, LLC, and further authorized,the City Manager to issue Request for Qualifications(RFQ)No.2017-005-WG for Federal Governmental Consulting Services. On December 16,2016, RFQ No.2017-005-WG for Federal Consulting Services was issued. RFQ responses were due and received January 20,2017. The City received five(5)proposals. Notwithstanding the results of the evaluation of proposals,the Administration determined that it was necessary to modify the solicitation requirements and specifications, in order to provide full transparency of the City's intent to potential bidders. Given the need to revise the solicitation requirements and specifications, the City Manager recommended that all proposals be rejected and following the necessary modifications,that the Administration release a subsequent RFQ for the services. RFQ PROCESS On June 2, 2017, (RFQ) No. 2017-232-WG for Federal Governmental Consulting Services was issued. RFQ responses were due and received on July 20,2017. The City received proposals from the following firms:Alcalde&Fay, Ballard Partners, Inc.Cardinal Infrastructure, LLC,MWW Group,LLC,The Ferguson Group,LLC,Van Ness Feldman,LLP and Scoyoc Associates,Inc. The Evaluation Committee appointed by the City Manager pursuant to LTC# 398-2017 convened on August 11, 2017, to consider the responsive proposals received.The Committee was comprised of Erick Chiroles,Commission Aide,Office of the Mayor and City Commission, City of Miami Beach,Judy Hoanshelt,Division Director,Grants Management Division,Office of Budget and Performance Improvement,City of Miami Beach,Marcia Monserrat,Chief of Staff,Office of the City Manager,City of Miami Beach,and Elizabeth Wheaton,Chief of Staff,Office of the Mayor and City Commission,City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Govemment Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ.The evaluation process resulted in the ranking of proposers as indicated in Attachment A. A brief description of each proposer, as provided in their response to the RFQ,follows. Alcalde&Fay Recognized as a bipartisan firm,Alcalde and Fay's partners and personnel are drawn from both sides of the political aisle and maintain close working relationships with many key legislators and staff in the United Stated Senate and House of Representatives,as well as in the ranks of political appointees and senior career staff in most Federal agencies. Ballard Partners,Inc. The Firm has extensive experience in governmental relations and advocacy,this is the cornerstone of their practices. They are versed in all components of effective legislative and executive branch representation. More importantly, their team understands how to accomplish the tasks given to them by their clients,working to identify their priority issues and implementing the best course of action to address those issues. Cardinal Infrastructure.LLC The Cardinal Infrastructure team offers a distinctly different approach to serving the City. They are a team of transportation, community and economic development professionals and subject matter experts who offer a targeted and tailored approach designed to address the City's goals They have years of experience on Capitol Hill and in the executive branch, specifically regarding public transportation and community development. https://miamibeach.novusagenda.com/agendapublic/Coversheet.aspx?Item1... 1/24/2018 Coversheet Page 2 of 2 The Ferguson Group,LLC The Ferguson Group specializes in representing local governments before congress and the Administration. Local governmental advocacy is the core of their business. They have strong ties in Florida and have staffed a South Florida office since 2001. Their Florida presence enables a unique opportunity to engage in unmatched levels of communications and collaboration with the City in South Florida and in Washington D C. MWW Group, LLC The MWW Group maintains and continues to develop a strong and deep network of federal agency contacts, program directors and leadership figures. Where changes in leadership require new relationship building, they have been proactive in adapting strategies, as they have for decades, to target and approach new leadership successfully. Van Ness Feldman,LLP Van Ness Feldman has strong roots in South Florida.They offer the advantage of having members of their proposed team which includes a former United States Senator, a former staffer to the former U.S. Environmental Protection Agency Region 4 Regional Administrator/and Principal Legal Advisor to Homeland Security's Immigration and Customs Enforcement,the former Sergeant at Arms of the U.S.Senate/former Assistant Secretary of the Interior for Water and Science/and former Commissioner of the Immigration and Naturalization,and myself,a former advisor to Governor Jeb Bush and native Floridian. In their various capacities of service, both while working in the public sector and in private practice,they have successfully navigated Congresses and Administrations under both Republican and Democratic control. Van Scovok Associates,Inc. VSA is full service,bipartisan lobbying firm founded in 1990. Their success over the past 27 years,is due to their principals,each of whom has been hired by VSA because of the quality of his or her knowledge, contacts,and skills.VSA Offers their clients unparalleled resources,which cannot be matched by smaller firms. They retain the touch of a small firm, but the resources and knowledge of the entire firm. They offer extensive federal experience that combines insider knowledge of Capitol Hill and the Executive Branch with a record of representing local governments in Washington D.C. CONCLUSION The evaluation process resulted in a tie between Ballard Partners and The Ferguson Group as the top ranked proposers. After considering proposals,its comprehensive knowledge of Florida issues, as well as its strong relationship current Administration, I recommend that the City Commission approve the Resolution authorizing the Administration to enter into negotiations with Ballard Partners, Inc.;and if unsuccessful in negotiating an agreement with Ballard Partners, Inc., authorizing the Administration to enter into negotiations with The Ferguson Group, LLC; and further authorizing the Mayor and City Clerk to execute the agreement,upon conclusion of successful negotiations by the Administration. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term FINANCIAL INFORMATION The cost of the related services, determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process. Grant Funding will not be utilized for this project. Legislative Tracking Office of the Mayor and Commission/Procurement ATTACHMENTS: Description 0 Attachment A ❑ Resolution https://mi amibeach.novusagenda.com/agendapubl is/CoverSheet.aspx?Iteml... 1/24/2018 RFQ 2017.232-WG Federal a a a) 1 01 Low a' Erick g Judy E Marcia S. Elizabeth _5. 5 Governmental Consulting Y Y Y Y Aggregate Y Chiroles c Hoanshelt t Monerrat c Wheaton c c Services Totals cc cc cc re cc Alcalde& Fay 90 3 ' 88 ' 1 95 2 85 3 9 3 Ballard Partners. Inc 95 2 88 1 94 3 87 2 8 1 Cardinal Infrastructure, LLC 60 6 75 7 50 7 60 6 26 7 MVWV Group LLC 60 6 78 6 65 6 60 6 24 6 The Ferguson Group, LLC 90 3 85 3 96 1 90 1 8 1 Van Ness Feldman, LLP 90 3 83 4 85 5 80 5 17 5 Van Scoyoc Associates, Inc 100 1 81 5 87 4 85 3 13 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2017-232-WG, FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BALLARD PARTNERS, INC; AND IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH BALLARD PARTNERS, INC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FERGUSON GROUP, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on December 14, 2016, the Mayor and City Commission adopted Resolution No. 2016-29357, authorizing the extension of the existing agreement with MWW Group, LLC, for Federal governmental lobbying and consulting services, on a month to month basis, terminable by the City for convenience and without cause, upon thirty (30) days written notice to MWW Group, LLC; and WHEREAS, the Mayor and City Commission further authorized the City Manager to issue Request for Qualifications (RFQ) No. 2017-005-WG for Federal Governmental Consulting Services; and WHEREAS, subsequent to the issuance of RFQ 2017-005-WG, the Administration determined that it was necessary to modify the solicitation requirements and specifications, in order to provide full transparency of the City's intent to potential bidders; and WHEREAS, given the need to revise the solicitation requirements and specifications, the City Manager recommended that all proposals be rejected; and WHEREAS, following the necessary modifications, the Administration released a subsequent RFQ for the services; and WHEREAS, on June 2, 2017, RFQ No. 2017-232-WG for Federal Governmental Consulting Services (the RFQ)was issued; and WHEREAS, on July 20, 2017, the City received proposals from Alcalde & Fay, Ballard Partners, Inc. Cardinal Infrastructure, LLC, MWW Group, LLC, The Ferguson Group, LLC, Van Ness Feldman, LLP and Scoyoc Associates, Inc., 2017; and WHEREAS, the Evaluation Committee appointed by the City Manager, pursuant to LTC No. 398-2017, convened on August 11, 2017, to consider the responsive proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in a tie between Ballard Partners, Inc. and The Ferguson Group, LLC as the top ranked proposers; and WHEREAS, after considering the successful relationship between Ballard Partners, Inc. and the present Administration and their comprehensive knowledge of Florida issues, the City Manager recommends that the Administration be authorized to enter into negotiations with Ballard Partners, Inc.; and if unsuccessful in negotiating an agreement with Ballard Partner, Inc., that the Administration be authorized to enter into negotiations with The Ferguson Group, LLC. 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 accept the recommendation of the City Manager, pursuant to Request for Qualifications No. 2017-232-WG, for Federal Governmental Consulting Services; authorize the Administration to enter into negotiations with Ballard Partners, Inc; and if unsuccessful in negotiating an agreement with Ballard Partners, Inc, authorize the Administration to enter into negotiations with The Ferguson Group, LLC; and further authorize the Mayor and City Clerk to execute an Agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this day of 2017. ATTEST: RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR T:\AGENDA\2017112-December\Procurement\RFQ2017-232-WG Federal Government Consulting\RFQ2017-232- WG-RESO.doc AraiROVED AS TO RR1I&LANGUAGE &FOR EXECUTION 4,a_ 0 , 4-- il- City Attorney Date ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS REQUEST FOR QUALIFICATIONS ( RFQ) FEDERAL GOVERNMENTAL CONSULTING SERVICES 2017-232-WG RFQ ISSUANCE DATE: JUNE 2, 2017 STATEMENTS OF QUALIFICATIONS DUE: JULY 20, 2017 @ 3:00 PM ISSUED BY: MIAMIBEACH WILLIAM GARVISO, PROCUREMENT CONTRACTING OFFICER II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6650 Iwww.miamibeachfl.gov G °Vfi11AIV\! BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 EVALUATION PROCESS 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 28 APPENDIX F INSURANCE REQUIREMENTS 30 RFQ 2017-232-WG 2 m � . tvAl1 BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS t GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida(the "City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the"contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is requesting proposals from qualified firms or individuals to provide consulting and lobbying services to represent the City's interests before all federal agencies in Washington, D.C. Lobbying efforts may include (but not necessarily limited to) influencing actions, decisions, and legislation; identifying and seeking revenue sources available to local governments; and, assist the City in identifying, applying for and receiving competitive grants, earmarks and other discretionary funding, which may include (but not be limited to) the following areas of funding: transportation; community and economic development; the environment; beach re-nourishment; infrastructure improvements; hurricane and disaster recovery efforts; housing and urban development; homeless programs; homeland security; and any other areas of interest to the City. Section 2-485.2 of the City Code, prohibits a lobbyist retained by the City from lobbying any City officer or staff member on behalf of a third party during the term if its agreement with the City. Firms lobbying any City Officer or staff member on behalf of a third party are precluded from submitting statements of qualifications pursuant to this RFQ. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued June 2, 2017 Pre-Submittal Meeting Not Applicable Deadline for Receipt of Questions July 10, 2017 @ 5:00PM Responses Due July 20, 2017 @ 3:00PM Evaluation Committee Review TBD Proposer Presentations TBD(if Applicable) Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the RFQ 2017-232-WG 3 m '\I BEACH Procurement Contact noted below: Procurement Contact Telephone: Email: William Garviso, CPPB 305 673-7000#6650 williamcarviso• miamibeachfl..ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miamibeachfl..ov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department—3rd Floor 1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov RFQ 2017-232-WG 4 ' I f2;;^,,, BEACH 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-486 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WACE REQUIREMENT CITY CODE SECTIONS 2 407 THROUGH 2 410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES . CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. RFQ 2017-232-WG 5 m ",„/.\I ` IA BEACH 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters(five(5)days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. NOT USED. 18.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. RFQ 2017-232-WG 6 1 EACH 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. Postponement/Cancellation/Acceptance/Resection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty(120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 77"1777717-7n 7 m mIAM1 BEACH 26.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents,for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. RFQ 2017-232-WG 8 ,AA A 1\A, BEACH 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance(experience), in making an award that is in the best interest of the City. F.The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. RFQ 2017=232-WG 9 m i I,AP,,,A! BEACH 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. RFQ 2017-232-WG 10 m NAIANA, BEACH 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 48.ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFQ 2017-232-WG 11 ® M,IA.�V, BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB 1 Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project or client that the proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone&email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. 2.3 Major Achievements. Provide detailed information regarding any major achievement(s) the proposing firm or a member of its team may have had in successfully achieving the goals of its public sector client(s) with regard to legislation and funding (as applicable) in the following areas: transportation; community and economic development; environmental projects; beach re-nourishment; infrastructure improvements; hurricane and disaster recovery efforts; housing and urban development; homeless programs; or, homeland security. Note: This section requests that Proposer submit actual prior experience only. RFQ 2017-232-WG 12 AM, BEACH TAB 3 Approach and Methodology Submit detailed information on the approach and methodology proposed in its efforts on behalf of the City to accomplish the desired goals of this solicitation, including detailed information, as applicable, which addresses, but need not be limited to: how the proposer plans to represent the City before all federal agencies in Washington, D.C., which may have bearing on the ability of the City to make the best use of federal programs such as grant opportunities and funding availability for transportation, community and economic development, environmental matters, beach re-nourishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, homeland security and any other areas that proposers believes may be of interest to the City Note: The information to be submitted in this section differs from the prior experience requested in Tab 2. In this section Proposer should address its plan(s)to achieve the stated goals. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFQ 2017-232-WG 13 r^ 4I ,"vBEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 &Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications 60 Approach and Methodology 40 TOTAL AVAILABLE STEP 1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-Quantitative Criteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 RFQ 2017-232-WG 14 CA„, MIAMI BEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer Proposer Proposer A B C Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. RFQ 2017-232-WG 15 APPENDIX A MIAMI BEACH Response Certification , Questionnaire & Reaue it ments Affidavit 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 RFQ 2017-232-WG 16 Solicitation No: Solicitation Title: 2017-232-WG Federal Governmental Consulting Services Procurement Contact Tel: Email: William Garviso, CPPB (305) 673-7000#6650 Williamgarviso@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFC) 2017-232-WG 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. RFQ 2017-232-WG 18 7. - 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 177777777= 19 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin, religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Financial Capacity. At the request of the City, proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.comlwebaeo/wcslstoreslservlet/SuoplierPortal?storeld=11696 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFQ 2017-232-WG 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2017-232-WG 21 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: RFQ 2017-232-WG 22 APPENDIX B trA MIAMIBEACH " No Bid " Form 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 Note. It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. RFQ 2017-232-WG 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive _ Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso STATEMENTS OF QUALIFICATIONS#2017-232-WG 1755 Meridian Avenue MIAMI BEACH, FL 33139 RFQ 2017-232-WG 24 APPENDIX C C_A- MIAMI B Minimum Requirements & Specifications 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 RFQ 2017-232-WG 25 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. The Consultant (defined as the Firm) shall have a minimum of five (5) completed or on- going Federal governmental consulting services projects for County, or other governmental organizations or public entities within the last three (3) years. Submittal Requirement: References should include a summary of project, name, time of commencement, time of completion, address, email and phone number of the person responsible for overseeing the project. C2. Statement of Work Required. The City of Miami Beach request statements of qualifications from qualified firms or individuals to provide consulting and lobbying services on the City's behalf and in representing the City before all federal agencies in Washington, D.C. The services to be provided shall require but not limit the firm to: • Confer with the Mayor, City Commission, City Manager, City Attorney and other City personnel on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal programs; • Travel to Miami Beach at least biannually to meet with City Commission and the City's Executive Team; • Maintain liaison with the City's Congressional delegation and assist with the delegation in any matter which the City determines to be in its best interest; • Counsel with the City regarding appearances by City personnel before Congressional Committees and Federal Administrative agencies; • Identify and notify the City in advance of opportunities such as grant opportunities and funding availability for transportation, community and economic development, environmental matters, beach re-nourishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs and any other areas of interest to the City; • Review, identify and monitor federal legislative, executive, and regulatory policy changes or developments for the purpose of advising the City on those items which may have a significant bearing on City policies, funding, and programs ; RFQ 2017-232-WG 26 • Consultant shall actively establish a strong identity and presence in Washington D.C. on behalf of the City. This effort shall be reinforced by involvement in the political, regulatory actions on behalf of this organization. Establish and maintain working relationships with the executive and legislative branches of the federal government that will enhance the City's position with respect to financial assistance applications, regulatory procedures, legislation, budget authorizations and appropriations, and other areas of interest to the City; • Consult with the City regarding any proposed formula changes in the Community Development Block Grant or other major federal programs to determine their impact on the City, and take the necessary steps as mutually agreed upon to bring changes in the best interest of the City; • Upon request of the City, assist the City in any matter related to the Executive Branch of the State of Florida; • The City's position on key legislative action shall be transmitted to Federal Legislature and staff, as well as Committees and federal agencies (as appropriate) and other interest groups. This may be accomplished through personal discussions with congressional delegation, committee consultants and agency representatives, direct lobbying of legislators, meeting with state agencies and other interest groups represented at the State level, testifying at appropriate policy and fiscal committees and agency hearings, orchestrating statements of legislators, prepare and send letters notifying appropriate officials and agencies of the City's position and drafting announcements. Design and implement a strategy, in consultation with the City staff that raises the consciousness and awareness of issues relating to the City of Miami Beach with congressional leaders and broadens and improves direct communication of City staff with the Federal leadership; • Submit a monthly report to the City's legislative affairs liaison to provide the latest information on issues of interest to the City, and submit an annual report of accomplishments concerning the Consultant's responsibilities; • Assist in implementing the City's federal legislative agenda. RFQ 2017-232-WG 27 APPENDIX D 0- MIAMI BEACH Special Conditions 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 RFQ 2017-232-WG 28 1. TERM OF CONTRACT. The contract shall commence upon the completion of a fully executed agreement, and shall be effective for three(3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one (1) year periods subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3. LOBBYING OF CITY OFFICER OR STAFF MEMBER. Firms lobbying any City Officer or staff member on behalf of a third party are precluded from submitting statements of qualifications pursuant to this RFQ. Section 2-485.2 of the City Code of the City of Miami Beach, Florida, prohibits a lobbyist retained by the City from lobbying any City officer or staff member on behalf of a third party during the term if its agreement with the City. RFQ 2017-232-WG 29 APPENDIX E MIAMI BEACH Insurance Requirements 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 RFQ 2017-232-WG 30 1,11 /V\ I INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. The provider shall furnish to Department of Procurement, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. . C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than$1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,or its equivalent,subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. RFQ 2017-232-WG 31 ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFQ) PROPOSAL Response to RFQ 2017-232-WG Federal Government Consulting Services " IAM BEACH Prepared by: BALLARD PARTNERS 403 East Park Avenue Tallahassee, FL 32301 2 Alhambra Plaza, Suite 102 601 13th Street NW, Suite 200N Coral Gables, FL 33134 Washington, DC 20005 Primary Contact: Brian D. Ballard 850.577.0444 phone 850.577.0022 fax www.ball ard-partners.corn 1 O C n O OA Zr. Nm A 7 mm C m� m- z3 C UJ� TABLE OF CONTENTS Page Tab 1—Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter&Table of Contents 1-4 1.2 Response Certification, Questionnaire& Requirements Affidavit(Appendix A) 5-13 1.3 Minimum Qualifications Requirements 14-18 Tab 2— Experience & Qualifications 2.1 Qualifications of Proposing Firm 19-21 2.2 Qualifications of Proposer Team 22-34 2.3 Major Achievements 35-37 Tab 3—Approach & Methodology 38-39 Tab 4 —Proof of Insurance 40 2 BALLARD I PARTNERS July 19, 2017 William Garviso, Procurement Contracting Officer II City of Miami Beach 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Re: Response to RFQ 2017-232-WG, Federal Governmental Consulting Services Dear Mr. Garviso: On behalf of Ballard Partners, Inc. ("Firm"), I am pleased to submit this proposal to provide Federal Governmental Consulting Services to the City of Miami Beach ("City"). Ballard Partners is headquartered in Tallahassee, Florida, and our Washington, DC office is located at 601 13th Street NW,Suite 200N,Washington,DC 20005.Our Federal Employer ID number is 59-3499504. This proposal represents a full-service agreement for representation of any and all issues before the legislative and executive branches of the federal government. This includes, but is not limited to,the filing of specific legislation,monitoring, identifying,prioritizing,tracking,and reporting of general legislation, as well as all issues pertaining to agencies, departments, and the executive branch. The Firm has extensive experience in governmental relations and advocacy,this is the cornerstone of our practices. We are well versed in all components of effective legislative and executive branch representation. More importantly, our team understands how to accomplish the tasks given to us by our clients, working to identify their priority issues and implementing the best course of action to address those issues. The Trump Administration presents both opportunities and challenges for municipalities around the country,and our team is poised to assist clients in making this transition one of good information flow and progress. Our Firm is strong and without peer in terms of relationships and understanding of the new Administration's plans and thinking. Whether it is a complex problem involving multiple branches of government, strictly a legislative matter, or advocacy involving multiple departments and agencies, we believe our combined Firm experience will give your cause a competitive edge. The Firm hereby acknowledges that: (i) This response is based on the terms set forth in the RFQ and all amendments thereto posted on the Buyer's website as of the date of'the response; and (ii)The Firm will be responsible for monitoring the Buyer's website for subsequent amendments and will maintain, amend, or withdraw the Response prior to the Response Due Date based on those subsequent amendments. TALLAHASSEE WEST PALM BEACH I JACKSONVILLE MIAMI TAMPA ORLANDO j FORT LAUDERDALE ( WASHINGTON D.C. ,?p.r r 1,.1 ' ontrn hark(U•vi .I1'rl t 1.1,h!aneftllef Pk, 'Ao 110 I,`;'.F,1`.t PI,A (JA F',.ft,.:1..+.,1 1f11F 1.1""tl P.I,.f1 (411 '.t NW',IA 260N wni 11.1; {I '.iT.d lnow,.1 1' nd t, 1111,,1411, VY:hnxlt n ro MOO, "PO.{t. Z(( lrIuul r{ :,mnl ( rt ,111d.'10,14. +{ *.� t n';3cv, -1) ....ad, 4. nA,r,rll.1= uta td.t an' 1()/U(' 3 William Garviso, Procurement Contracting Officer II City of Miami Beach July 19, 2017 Page 2 The following persons are authorized to make representations for the Firm. Brian Ballard, President Syl Lukis, Managing Partner 403 East Park Avenue 2 Alhambra Plaza, Suite 102 Tallahassee, FL 32301 Coral Gables, FL 33134 ballard cr,ballardll.com syl(iiballardll.com 850-577-0444 Telephone 305-456-8479 Telephone We enjoy a hard-won reputation for successfully advancing our clients' interests. Please contact me if you have any questions. Si - =P, i D Ballard Pre.-'ent 4 APPENDIX A AAJA i\ /\ t t 4e f ! 1 { A ry F e Response Certification , Questionnaire & Requirements Affidavit . ......... ........ ...... . . . 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 RF 2017-232 C 16 5 Solicitation No: Solicitation Title: 2017-232-WG Federal Governmental Consulting Services Procurement Contact: Tel: Email: William Garviso, CPPB (305)673-7000#6650 Williamgarviso@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: BALLARD PARTNERS, INC. No of Years in Business: 19 No of Years in Business Locally:6 No.of Employees: 32 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: SMITH AND BALLARD, INC. FIRM PRIMARY ADDRESS(HEADQUARTERS): 403 EAST PARK AVENUE CITY: TALLAHASSEE STATE: ZIP CODE: FL 32301 TELEPHONE NO.: 850-577-0444 TOLL FREE NO.: N/A FAX NO.: 850-577-0022 FIRM LOCAL ADDRESS: 2 ALHAMBRA PLAZA, SUITE 102 CITY: CORAL GABLES STATE: ZIP CODE: FL 33134 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Brian D. Ballard ACCOUNT REP TELEPHONE NO.: 850-577-0444 ACCOUNT REP TOLL FREE NO.: N/A ACCOUNT REP EMAIL: BALLARD@BALLARDFL.COM FEDERAL TAX IDENTIFICATION NO.: 59-3499504 The City reserves the right to seek additional information from proposer or other source(s), including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFC) 2017-232-WG 17 6 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES 4/ NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates None. 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. Please see Attachment 1. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by any public sector agency? YES I ,/ I NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants)with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please see Attachment 2. 6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.govlprocurement/. Please see Attachment 2. RFQ 2017-232-WG 18 7 7. e: _ - . -- .• _ • . . .the ay also,fay 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? NI YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? I YES _ NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health '� Sick Leave Family Medical Leave Bereavement Leave ./ '/ If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov(procurement/. RFC) 2017-232-WG 19 8 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal.or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Financial Capacity. At the request of the City, proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: httos:llsuopl i ergo rtal.dn b.comlwebapplwcslstoreslservlet1Su ppl ierPortal?storeld=11696 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFC) 2017-232-WG 20 9 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications,may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications,as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. , FQ 2017 232` G 21 10 PROPOSER CERTIFtCAT ON I hereby certify that: I, as an authorized agent of the Proposer am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement: proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: BRIAN tilarRD PRESIDENT SgnaturP 'rop s Auth --s R-arese.tative: , Date: JULY 19, 2017 State of Florida ) On this 19 day of July ,20jjpersonally appeared before me Brian D.Ballard who County of LEON ) stated that (s)he is the President of Ballard Partners, Inc, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Cga otary PPublic for the State of Flori11\0.ds,__ ct,Li ___ n* . i SHANNA KAYE CRAWLEY My Commission Expires: January4,2019 . rm .= Commission 4 FF 161627 1 i••r;` Expires January 4,2019 i P ��;px hq Bonded Thar Tray Fan lanannc»�0J851019 RQ 2C) /-232-WC.� 22 11 ATTACHMENT 1 REFERENCES & PAST PRFORMANCE 1) City of Jacksonville Sam Mousa, Chief Administrative Officer 200 West Monroe Street, Suite 400 Jacksonville, FL 32202 (904) 630-1776 smousa@coj.net We represent the City of Jacksonville before Congress and the Administration, and assist with Federal affairs on matters including transportation, housing, the Department of Defense, general grants work, and other duties as requested. 2) Jacksonville Port Authority Eric Green, Interim CEO Post Office Box 3005 Jacksonville, FL 32206 (904) 357-3045 Eric.green@jaxport.com We represent the Jacksonville Port Authority before Congress, the Administration, and the Executive Agencies, on matters managed by the US Army Corps of Engineers, and in authorizing and appropriating committees of Congress on funding matters. 3) UF Research Foundation Amy Hass, Interim Vice President& General Counsel University of Florida 123 Tigert Hall P.O. Box 113125 Gainesville, FL 32611 (646) 573-2736 amhass@UFL.EDU We represent the University of Florida Office of Research before the Administration on matters including grants management, research opportunities, and other duties as requested. 12 ATTACHMENT 2 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants)with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Brian D. Ballard is the only individual or entity with controlling financial interest, and he has not provided any contributions as described above. 6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. In lieu of our own Code of Ethics, the Firm agrees to adopt the City of Miami Beach Code of Ethics, as adopted in City Resolution No.2000-23879. 13 1.3 MINIMUM QUALIFICATIONS REQUIREMENTS Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. The Consultant (defined as the Firm) shall have a minimum of five (5) completed or on-going Federal governmental consulting services projects for County, or other governmental organizations or public entities within the last three(3)years. Submittal Requirement: References should include a summary of project, name, time of commencement, time of completion, address, email and phone number of the person responsible for overseeing the project. 1. City of Jacksonville 5/1/2017—Present 200 West Monroe Street, Suite 400 Jacksonville, FL 32202 Sam Mousa, Chief Administrative Officer smousa@coj.net (904) 630-1776 We represent the City of Jacksonville before Congress and the Administration, and assist with Federal affairs on matters including transportation, housing, the Department of Justice, general grants work, and other duties as requested. 2. Jacksonville Port Authority 6/1/2017—Present Post Office Box 3005 Jacksonville, FL 32206 Eric Green, Interim CEO Eric.green@jaxport.com (904) 357-3045 We represent the Jacksonville Port Authority before Congress,the Administration, and the Executive Agencies to represent the interests of JAXPORT on matters managed by the US Army Corps of Engineers,and in authorizing and appropriating committees of Congress on funding matters. 14 3. UF Research Foundation 5/1/2017—Present University of Florida 123 Tigert Hall P.O. Box 113125 Gainesville, FL 32611 Amy Hass, Interim Vice President& General Counsel amhass@UFL.EDU (646) 573-2736 We represent the University of Florida Office of Research before the Administration, on matters including grants management, research opportunities, and other duties as requested. 4. Jackson Health System through the Safety Net Hospital Alliance of Florida 2/15/2017—Present 101 N. Gadsden Street Tallahassee, FL 32301 Lindy Kennedy, Executive VP of the Safety Net Hospital Alliance of Florida Lindy@snhaf.net (850) 445-2740 We represent the Safety Net Hospital Alliance of Florida, a confederation of Florida's 14 safety net hospital systems located in the most densely populated areas, and serving some of the most vulnerable populations including the elderly, disabled, and low-income patients. We advocate on behalf of SNHAF with Congress, the Administration, and the Executive Agencies,especially with the Department of Health and Human Services and the relevant authorizing and appropriating committees of Congress on all healthcare matters. 5. South Broward Hospital District through the Safety Net Hospital Alliance of Florida 2/15/2017— Present 101 N. Gadsden Street Tallahassee, FL 32301 Lindy Kennedy, Executive VP of the Safety Net Hospital Alliance of Florida Lindy@snhaf.net (850)445-2740 We represent the Safety Net Hospital Alliance of Florida, a confederation of Florida's 14 safety net hospital systems located in the most densely populated areas and serving some of the most vulnerable populations including the elderly, disabled, and low-income patients. We advocate on behalf of SNHAF with Congress, the Administration, and the Executive Agencies,especially with the Department of Health and Human Services and the relevant authorizing and appropriating committees of Congress on all healthcare matters. 15 C2. Statement of Work Required. The City of Miami Beach request statements of qualifications from qualified firms or individuals to provide consulting and lobbying services on the City's behalf and in representing the City before all federal agencies in Washington, D.C. The services to be provided shall require but not limit the firm to: • Confer with the Mayor,City Commission,City Manager,City Attorney and other City personnel on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal programs; • Travel to Miami Beach at least biannually to meet with City Commission and the City's Executive Team; • Maintain liaison with the City's Congressional delegation and assist with the delegation in any matter which the City determines to be in its best interest; • Counsel with the City regarding appearances by City personnel before Congressional Committees and Federal Administrative agencies; • Identify and notify the City in advance of opportunities such as grant opportunities and funding availability for transportation, community and economic development, environmental matters, beach re-nourishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs and any other areas of interest to the City; • Review, identify and monitor federal legislative, executive, and regulatory policy changes or developments for the purpose of advising the City on those items which may have a significant bearing on City policies, funding, and programs; • Consultant shall actively establish a strong identity and presence in Washington D.C. on behalf of the City. This effort shall be reinforced by involvement in the political, regulatory actions on behalf of this organization. Establish and maintain working relationships with the executive and legislative branches of the federal government that will enhance the City's position with respect to financial assistance applications, regulatory procedures, legislation, budget authorizations and appropriations, and other areas of interest to the City; • Consult with the City regarding any proposed formula changes in the Community Development Block Grant or other major federal programs to determine their impact on the City,and take the necessary steps as mutually agreed upon to bring changes in the best interest of the City; 16 • Upon request of the City, assist the City in any matter related to the Executive Branch of the State of Florida; • The City's position on key legislative action shall be transmitted to Federal Legislature and staff,as well as Committees and federal agencies (as appropriate) and other interest groups. This may be accomplished through personal discussions with congressional delegation, committee consultants and agency representatives, direct lobbying of legislators, meeting with state agencies and other interest groups represented at the State level, testifying at appropriate policy and fiscal committees and agency hearings, orchestrating statements of legislators, prepare and send letters notifying appropriate officials and agencies of the City's position and drafting announcements. Design and implement a strategy, in consultation with the City staff that raises the consciousness and awareness of issues relating to the City of Miami Beach with congressional leaders and broadens and improves direct communication of City staff with the Federal leadership; • Submit a monthly report to the City's legislative affairs liaison to provide the latest information on issues of interest to the City, and submit an annual report of accomplishments concerning the Consultant's responsibilities; • Assist in implementing the City's federal legislative agenda. Statement of Qualifications We will work as to confer with the Mayor, City Commission, City Manager, City Attorney and other City personnel on all organizational planning and program activities to make the best use of federal programs. We will travel to Miami Beach at least biannually to meet with the City Commission and the City's Executive Team. We will also maintain a working relationship with the City's Congressional delegation and help them with all matters in the best interest of the City. We will counsel the City on personnel appearances before the Congressional Committees and Federal Administrative agencies. Further, we will identify and notify the City of any grant opportunities and funding availability to enhance the community, in such matters as: transportation,economic development, environmental matters, beach re-nourishment, infrastructure improvements, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs, etc. We will review, identify,and monitor federal legislative,executive,and regulatory policy changes or developments to advise the City on all matters that would have significant bearing on the City's funding, policies, and programs. 17 We will build a strong identity and presence in Washington, D.C. on behalf of the City, through our involvement in political regulatory actions on behalf of the City. We will maintain our working relationships with executive and legislative branch officials, to enhance the City's position in respect to financial assistance applications, regulatory procedures, legislation, budget authorizations, appropriations, etc. We will consult with the City on any proposed formula changes in the Community Development Block Grant, or other major federal programs to determine their impact on the City, and take the necessary steps to bring changes in the City's best interest. We will assist the City on any matters related to the Executive Branch of the State of Florida, upon the request of the City. We will inform the Federal Legislature, staff, committees, federal agencies, and other interest groups of the City's position on key legislative actions, through: discussions with the congressional delegation, direct lobbying of legislators, meeting with state agencies and interest groups at the State level, testifying in committees and agency hearings, providing statements to legislators, and drafting letters and announcements to disperse to officials and agencies of the City's position. We will design and implement a strategy that raises awareness of issues relating to the City with congressional leaders, and which enhances direct communication of the City staff with Federal leadership. We will submit a monthly report to the City's legislative affairs liaison providing information on issues of interest to the City, and submit an annual report of accomplishments concerning the Firm's responsibilities. We will work diligently to implement the City's federal legislative agenda. 18 C > m x — g rn FF z z om 12. 2.1 QUALIFICATIONS OF PROPOSING FIRM Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies.For each project or client that the proposer submits as evidence of similar experience,the following is required: project description, agency name, agency contact, contact telephone& email,and year(s) and term of engagement. Ballard Partners' History In 1998, Brian Ballard founded the Firm with one office located in Tallahassee, Florida. The Tallahassee office is located in the Lively House, which was originally built in 1912 and is listed on the National Historic Register. Our offices in Jacksonville, West Palm Beach, Miami, Tampa Bay, Orlando, Ft. Lauderdale, and Washington DC, provide our clients with direct and ongoing access to the Firm's team and its services. The Firm is comprised of 32 professional, full-time governmental consultants with substantial backgrounds in legislative and administrative issues. The Firm's continued success is the result of our team members' emergence from the senior ranks of both the legislative and executive branches of Florida government, as well as experience in the federal government. The success of the Firm and that of our clients relies upon our ability to maintain important relationships within various levels of government, as well as our ability to grasp policies and priorities unique and important to our clients. All of our consultants spend time building working relationships with important legislative members and their staff. Broad relationships from both the legislative and executive branch of government have been cultivated by our staff prior to their joining the Firm, and these relationships allow us consistent interaction with government leaders and key staffers. As a Firm, we have experienced 18 years of continuous growth and success at the state and local levels of government relations, and routinely top the list of governmental firms in Florida. We anticipate nothing but the same scale of success in the federal arena, and would be proud to include the City of Miami Beach as a valued client. The key personnel assigned to the City for federal relations will be Brian Ballard,President, Syl Lukis, Managing Partner of our Miami and DC offices, Rebecca Benn, Partner in our DC office, and Dan McFaul, Partner in our DC office. Their primary focus will be to advance the City's agenda with key House, Senate, and Administration leadership, as well as with, respective committee chairs and executive departments and agencies, as the City's agenda dictates. The day-to-day efforts of our federal practice will be overseen by Syl Lukis,a Firm partner with over 30 years of federal government relations experience. With unparalleled experience and knowledge of Congress,our Firm's proficiency and expertise in navigating the ins-and-outs of Washington will be a distinct advantage to the City. 19 Beyond the primary contacts, all of the Firm's principals will be utilized when necessary. We believe it is our combined expertise and relationships at all levels of government that will be uniquely beneficial. Syl Lukis' knowledge of Miami Beach and his relationships with government executives enable seamless communication and strategic integration between the City of Miami Beach and Ballard Partners for its federal government affairs initiatives. He will provide the local point of contact,working from either the Miami office or the Washington, DC office, to provide policy and agenda continuity for the City's initiatives. He will be available on a daily basis as issues may arise or as City personnel seek counsel related to federal activities. Track Record and Relevant Experience • City of Jacksonville (5/1/2017—Present) Sam Mousa, Chief Administrative Officer, smousa@coj.net (904) 630-1776 We represent the City of Jacksonville before Congress and the Administration. With our connections at the Department of Justice, Department of Transportation, and Department of Education we ensure that they are aware of any potentially beneficial grants that could help the City of Jacksonville, as we have done for many years at the state level. Further, we are assisting the City in facilitating grant proposals,and will work with our connections to receive favorable outcomes for the City, once the grants have been submitted. We will continue to assist the City with all Federal affairs matters including transportation,housing, education,justice, defense, and any other duties as requested. • Jacksonville Port Authority (6/1/2017—Present) Eric Green, Interim CEO, Eric.green@jaxport.com (904) 357-3045 We represent the Jacksonville Port Authority before Congress,the Administration, and the Executive Agencies. Specifically, we work with local stakeholders, elected officials, and board members to manage legislative and communication efforts, and support Congressional funding and authorization requests. We liaison with port caucus and other interest groups to make sure JAXPORT's interests are represented. We also work closely with DOT and White House staff to familiarize them with the status of Jacksonville's harbor deepening project, and to gain support for federal participation. Further, we work with US Army Corps of Engineers on various permitting, legal, and construction matters. • UF Research Foundation (5/1/2017—Present) Amy Hass, Interim VP & General Counsel amhass@UFL.EDU (646) 573-2736 We represent the University of Florida Office of Research before the Administration and the Department of State. Our knowledge of grant reporting requirements,understanding of procedures, and our connections within State allow us to provide unparalleled service to the University of Florida Office of Research on matters including grants management, research opportunities, and other duties as requested. 20 • Jackson Health System through the Safety Net Hospital Alliance of Florida (2/15/2017 — Present) Lindy Kennedy, Executive VP of the SNHAF Lindy@snhaf.net (850) 445-2740 • We represent the Safety Net Hospital Alliance of Florida, a confederation of Florida's 14 safety net hospital systems located in the most densely populated areas and serving some of the most vulnerable populations including the elderly, disabled, and low-income patients. We advocate on behalf of the Safety Net Hospital Alliance of Florida before Congress,the Administration, and the Executive Agencies. Our experience with, and connections at the Department of Health and Human Services make us especially equipped to help them with all of their federal needs within HHS. We also work closely with the relevant authorizing and appropriating committees of Congress on all healthcare matters,to ensure the members are aware of SNHAF's priorities, and funding needs. • South Broward Hospital District through the Safety Net Hospital Alliance of Florida (2/15/2017—Present) Lindy Kennedy, Executive VP of the SNHAF Lindy@snhaf.net (850)445-2740 We represent the Safety Net Hospital Alliance of Florida, a confederation of Florida's 14 safety net hospital systems located in the most densely populated areas and serving some of the most vulnerable populations including the elderly, disabled, and low-income patients. We advocate on behalf of the Safety Net Hospital Alliance of Florida before Congress,the Administration, and the Executive Agencies. Our experience with, and connections at the Department of Health and Human Services make us especially equipped to help them with all of their federal needs within HHS. We also work closely with the relevant authorizing and appropriating committees of Congress on all healthcare matters,to ensure the members are aware of SNHAF's priorities, and funding needs. 21 2.2 QUALIFICATIONS OF PROPOSER TEAM Provide an organizational chart of all personnel and consultants to be used for this project if awarded,the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience,and any other pertinent information,shall be included for each respondent team member to be assigned to this contract. Ballard Partners' Organizational Chart Brian Ballard President Sylvester Lukis Managing Partner Dan McFaul Rebecca Benn Partner Partner Ballard Partners' Team Qualifications Brian D. Ballard, President Named among the top Republicans in Florida by Campaign& Elections Politics, Brian has earned a reputation as a tireless, persistent and effective advocate for his clients' interests. His accomplishments have spanned over 25 years and includes legislative and executive branch successes on hundreds of policy and funding initiatives. Brian's political portfolio includes significant roles in presidential campaigns including the historic election of President Donald J. Trump. He was an integral player in the President's successful Florida campaign serving as Chairman of Trump Victory and leading the campaign's finance efforts in Florida. Brian also had the honor of serving as a member of the Electoral College casting his vote for President Trump. The President-elect appointed Brian to serve as Vice Chairman of the Inaugural Committee and as a member of the Presidential Transition Finance Committee. 22 As one of the top political insiders in Florida, Brian has worked on several presidential and gubernatorial campaigns during his career. He chaired the Florida Finance Committee of Republican nominees John McCain in 2008 and Mitt Romney in 2012. Brian and his wife Kathryn were selected by two Florida Governors to plan and execute their inaugural ceremony and events, serving as Co-Chairs of the inauguration of both Governor Rick Scott and Governor Charlie Crist. Among his important public service experience, Brian was appointed by the U.S. Secretary of Commerce to the U.S. and Foreign Commercial Service Advisory Council, and also directed the transition and assisted in the U.S. Senate confirmation of Governor Bob Martinez as the Director of the Office of National Drug Control Policy(Drug Czar) in the Executive Office of the President. As chief of staff in the Executive Office of the Governor, under Governor Bob Martinez, Brian developed a special interest in environmental issues. Among his accomplishments, he served as chief architect of Preservation 2000,the largest public acquisition program for environmentally sensitive lands in the nation. He also served as Florida's chief negotiator with the U.S. Department of the Interior to end offshore drilling along the state's southeast coastline and the Florida Keys. The American Lawyer magazine rated Brian as one of America's top-rated lawyers in the field of Energy, Environmental and Natural Resources law. Committed to community service, Brian has been a member of the Council of 100, the Collins Center for Public Policy;Florida Governor's Mansion Foundation, and the City of Tallahassee Architectural Review Board. He has received Florida's highest award for historic preservation recognizing his efforts involving preservation of historic buildings. In 2016, Brian and Kathyrn were inducted into Florida State University's Francis Eppes Society for their philanthropic support to the University. Before establishing Ballard Partners, Brian served as managing shareholder for Bryant Miller Olive P.A. He currently serves as counsel to Panza, Maurer & Maynard, P.A. He received both his Bachelor of Science degree in Business Administration and his Juris Doctorate from the University of Florida,where he was later inducted into the University's Hall of Fame. Sylvester Lukis, Managing Partner Syl is a veteran lawyer and lobbyist with over forty years of experience representing clients in both the State of Florida and Washington, D.C. After graduating from law school, he obtained a position as an attorney advisor in the General Counsel's Office of the U.S. Department of Health and Human Services, where he defended the Department in federal court on cases involving laws governing the Medicaid and Medicare programs under the Social Security Act. During his time in federal service, Syl also had the distinction of serving as a Special Assistant to the United States Attorney for the District of Columbia and as an Assistant Director of the Cuban-Haitian Task Force at the U.S. Department of State -- where he was responsible for advising members of the Task Force, including the White House and Department of Justice, on federal domestic assistance programs. 23 Upon completion of Syl's federal service, he became a partner in the lawyer lobbying firm of former Florida Congressman William Cramer,where he specialized in the representation of local Florida governmental entities such as the cities of Miami and Miami Beach, Miami Dade County, and the Miami Dade County School District, in connection with their issues before the Executive and Legislative branches of the U.S. government. Syl spent 25 years representing Florida interests in Washington, D.C. He is currently a Senior Partner in Ballard Partners, and has been a member of the Washington, D.C. Bar for over 30 years. Rebecca Benn,Partner Rebecca Benn has spent the past two decades advising Congressional and corporate decision makers on diverse public policy issues. Rebecca began her career as a legislative assistant in the office of U.S. Senator Thad Cochran; and, subsequently joined the U.S. Senate Committee on Appropriations as a professional staff member. Benn served as the lead Republican negotiator for bicameral and bipartisan billion-dollar federal appropriations bills on the Subcommittee on Interior, Environment, and Related Agencies as well as the Subcommittee on Veterans Affairs, Housing and Urban Development, and Independent Agencies. Most recently, Rebecca served as director of federal affairs for CSX Transportation where she directed all government relations initiatives impacting automation, safety, environmental regulation, and security, while overseeing federal constituent relations for seven states. Rebecca is originally from Jackson, Mississippi and holds a Bachelor of Arts in English from Dartmouth College. Rebecca resides in Washington, D.C. Dan McFaul,Partner Dan McFaul has been involved with more than 30 federal, state, and local campaigns in the last two decades, including races for Congress, U.S. Senate, and Governor, as well as Presidential campaigns. He served as campaign manager to Cong.Joe Scarborough in 1996 and 2000. In 1998, he worked as a Senior Field Analyst for the National Republican Congressional Committee (NRCC), and consulted on eight Congressional campaigns in the Southeast and Ohio River Valley. Dan served on the staff of U.S. Rep. Joe Scarborough of Florida from 1997-2001, rising to the position of Legislative Director. He became the Chief of Staff and Communications Director for Cong. Jeff Miller on Oct. 16th, 2001,when Miller was sworn into office. Prior to the election,Dan was Miller's campaign manager during the 2001 special election cycle. Dan was a member of the Presidential Transition Team for then President-elect Donald J. Trump. Most recently, Dan served as the Chief of Staff for Cong. Matt Gaetz of Florida. A native of Pensacola, Dan graduated from the University of Florida with a Bachelor's Degree in Political Science and Public Relations. He later completed a Master's Degree in Public Administration at the University of West Florida. Dan lives in Washington, D.C. with his wife, Jessica, and their two children. 24 Team Member Roles Rebecca will manage the day-to-day operations for the City of Miami Beach here in the DC office. She will be your main point of contact, and serve as your advocate with Congress, the Administration, and with the federal agencies and departments. Syl will be your local contact in Miami, as well as managing your federal priorities in the DC office. Brian will oversee the team's efforts,working to make sure Congressmen,Senators,agency and department officials, and the Administration understand the needs and priorities of the City of Miami Beach. 25 BRIAN D. BALLARD Residence: Office: 7445 Heartland Circle 403 East Park Avenue-Lively House Tallahassee, Florida 32312 Tallahassee, Florida 32301 (850)668-9823 (850)577-0444 PROFESSIONAL HISTORY: May 1998 - Ballard Partners, Inc. Present President. The firm specializes in all aspects of governmental advocacy with particular emphasis on matters before Florida's Executive and Legislative branches of state government. The firm also provides client representation before the U.S. Congress and federal agencies. June 2003 - Panza, Maurer& Maynard,P.A. Present Of Counsel. The law firm specializes in governmental and regulatory matters; health care; insurance; corporate law; commercial litigation and environmental law. Rated"AV"by Martindale-Hubble. August 1995 - Florida State University August 2006 Adjunct Professor in the School of Political Science. March 1991 - Bryant,Miller and Olive,P.A. May 1998 Managing Shareholder. The law firm specializes in state and municipal finance, environmental law, governmental affairs, and agency decision making. November 1992 - U.S. and Foreign Commercial Service Advisory Council April 1994 Appointed by the U.S. Secretary of Commerce to provide advice on the operations and services of the US&FCS and its related worldwide export programs. December 1990 - Executive Office of the President March 1991 Directed the transition and assisted in the U.S. Senate confirmation of the Director of the Office of National Drug Control Policy. January 1988 - Chief of Staff,Office of the Governor December 1990 Directed executive office staff, supervised eleven cabinet departments under the Governor. Coordinated and lobbied legislative and budget proposals. Developed policy initiatives for the Executive Office of the Governor and its agencies. March 1989 White House Delegation U.S. Observation Delegation to the 1989 Presidential Election in El Salvador. 26 1987 Deputy Chief of Staff/Executive Assistant, Office of the Governor August- December Directed the Scheduling and Appointments Office. Assisted in press and public relations and coordinated the administrative functions of the Governor's Office. 1983 Executive Office of the President May-July Intern, Office of Management and Budget. EDUCATION: University of Florida College of Law Juris Doctorate, 1988 University of Florida Bachelor of Science in Business Administration, 1983 PROFESSIONAL, Presidential Electoral College Member,2016 POLITICAL AND CIVIC Trump Victory, Florida Chairman, 2016 ORGANIZATIONS: Presidential Inaugural Committee, Vice Chairman, 2016 Presidential Transition Finance Committee Member,2016 Governor Rick Scott Inaugural Committee, Chairman, 2015 Mitt Romney Presidential Campaign, Florida Finance Committee, Chairman, 2012 Governor Rick Scott Inaugural Finance Committee, Chairman, 2011 John McCain Presidential Campaign, Florida Finance Committee, Chairman, 2008 Florida Governor's Mansion Foundation Governor Charlie Crist Inaugural Committee, Chairman,2007 American Bar Association The Florida Bar The Collins Center for Public Policy Miami Herald Legislative Ranking Committee 2002,2003 City of Tallahassee-Leon County Architectural Review Board August 20, 1999-June 30,2002 Georgetown University Medical and Law Centers, Editorial Associate, Courts, Health, Science and the Law Florida Council of 100, 1987-1990 Governor's Transplant Lifeline for Children Task Force, Board of Directors, 1987-1990 University of Florida Department of Political Science,Graduate Program in Political Campaigning, Development Committee, September 1994 University of Florida Athletic Association Board of Directors, 1984 Delta Tau Delta National Fraternity 27 HONORS: Inductee, Francis Eppes Society, Florida State University, 2016 The American Lawyer's Magazine Top Rated Lawyer in the field of Energy, Environmental and Natural Resources Law 2013 Rated"AV"by Martindale-Hubbell highest attorney rating for both legal ability and ethical standards Florida Trust for Historic Preservation Award for Outstanding Historic Preservation 2000 Tallahassee/Leon County Historic Preservation Award 1999 University of Florida Hall of Fame Florida Blue Key Omicron Delta Kappa 28 SYLVESTER LUKIS Sylvester Lukis is an attorney with over 30 years of legal and consulting experience in intergovernmental and political affairs at the federal,state, and local levels. He began his law practice in Washington, D.C. in 1981, where he specialized in representing municipal clients before state and federal executive and legislative branches of government. His clients during his tenure as a Washington, D.C. attorney included the Florida governmental entities of Miami-Dade County, the cities of Miami and Miami Beach,and the public school systems of Miami-Dade and Broward Counties. Prior to entering private practice, in 1980, Mr. Lukis was appointed Director of Intergovernmental Affairs at the U.S. State Department's Cuban Haitian Task Force,where he was responsible for coordinating policy development and implementation among several federal,state,and local governmental agencies in response to the mass immigration influx of Cubans into Miami from the Port of Mariel,Cuba. Other federal appointments include Special Assistant to the U.S.Attorney for the District of Columbia,and prior to that, Special Assistant to the General Counsel of the U.S. Department of Health and Human Services. In that capacity, he was primarily responsible for providing legal assistance to the agencies administering health, education,and welfare programs at the federal level. Mr. Lukis is currently the Miami Managing Partner of Ballard Partners, Florida's leading government affairs firm. Mr. Lukis holds a law degree from New England School of Law and a Bachelor's degree in Business Management from Western New England College. 29 REBECCA BENN OVERVIEW Government affairs strategist with two decades of experience advising Congressional and corporate decision makers on transportation, environmental, and appropriations policy. PROFESSIONAL Ballard Partners,Partner EXPERIENCE Washington,D.C. June 2017—Present Represent our clients' needs and interests before Congress,the Administration, and federal agencies and departments. CSX Transportation,Director of Federal Affairs Washington,D.C. June 2012—March 2017 Advance government relations priorities for the largest Eastern freight railroad before Congress and select federal agencies; cultivate relationships with Congressional Members, Committee and personal office staff, and industry stakeholders; direct all government relations initiatives impacting automation, safety, environmental regulation, security, and federal appropriations; serve as federal affairs representative on CSX interdisciplinary teams studying the feasibility of autonomous vehicles and LNG; and, oversee federal constituent relations for seven states. U.S. Senate Committee on Appropriations,Professional Staff Subcommittee on Interior,Environment,and Related Agencies Washington,D.C. April 2005—May 2012 Lead Republican negotiator for bicameral and bipartisan $30 billion federal appropriations bill on behalf of Senators Thad Cochran,Conrad Burns,Larry Craig, Lamar Alexander, and Lisa Murkowski for the Environmental Protection Agency, Indian Health Service, and Kennedy Center; analyzed budget requests from federal agencies and recommended budget and policy alternatives to Committee leadership; strengthened relationships with Committee members, Congressional staff, federal agency policy and career staff, and policy stakeholders; drafted legislation, amendments, report language, floor statements,briefings,talking points, and press releases. U.S. Senate Committee on Appropriations,Professional Staff Subcommittee on Veterans Affairs,Housing and Urban Development,and Independent Agencies Washington,D.C. June 2003—April 2005 Lead Republican negotiator for bicameral and bipartisan$123 billion federal appropriations bill on behalf of Senators Ted Stevens and Kit Bond for the Environmental Protection Agency, Council on Environmental Quality, and Chemical Safety and Hazard Investigation Board; analyzed budget requests from federal agencies; established relationships with Committee members, Congressional staff, federal agency policy and career 30 staff, and policy stakeholders; drafted legislation, amendments, report language, floor statements,briefings,talking points, and press releases. Office of U.S. Senator Thad Cochran, Legislative Assistant and Associate Appropriations Staff Washington,D.C. May 1997—May 2003 Advised and recommended policy positions to Senator Cochran on issues relating to the environment,foreign policy,housing,education,and American Indian affairs; negotiated policy and funding issues with Appropriations Subcommittee staff on Interior, Foreign Operations, and Veterans Affairs, Housing and Urban Development, and Independent Agencies; drafted legislation, floor statements, speeches, and correspondence; managed legislative aides; fostered relationships with constituents, federal agency staff,and policy stakeholders. EDUCATION Dartmouth College Hanover,N.H. September 1992—June 1996 Bachelor of Arts in English 31 DANIEL F. McFAUL PROFESSIONAL BALLARD PARTNERS EXPERIENCE PARTNER WASHINGTON,D.C. FEBUARY 2017—PRESENT • Represent our clients' needs and interests before Congress, the Administration, and federal agencies and departments. OFFICE OF CONGRESSMAN MATT GAETZ CHIEF OF STAFF/COMMUNICATIONS DIRECTOR WASHINGTON,D.C. JANUARY 2017 • Assemble a constituent service team,a legislative operation,an administrative structure and a communications protocol in a start-up congressional office. • Responsible for establishing a DC and District office. Ensure communications and IT systems were in place and operational on day one. • Establish a list of priority committee assignments and construct and implement a strategy for attaining those assignments. • Chief strategist for all legislation and policy. PRESIDENTIAL TRANSITION TEAM APPOINTMENTS TEAM MEMBER WASHINGTON,D.C. NOVEMBER 2016—JANUARY 2017 • Helped president-elect Trump prepare to take office by serving on team responsible for helping to fill roughly 4,000 politically appointed positions, including more than 1,000 jobs requiring Senate confirmation. • Worked closely with both the Policy and Landing teams to identify priority positions based on the policy agenda of the new administration and to generate lists of candidates for each agency based on their particular needs and issues. • Helped develop a system for identifying,screening and processing senior level political appointees as well as mid-level and lower-level Schedule C positions. • Specialized in Department of Defense, Department of Veterans Affairs, Armed Services, and Intelligence Community appointments. OFFICE OF CONGRESSMAN JEFF MILLER CHIEF OF STAFF/COMMUNICATIONS DIRECTOR WASHINGTON,D.C. OCTOBER 2001—JANUARY 2017 • Manage and direct a multi-faceted Congressional office with responsibilities including the strategic management and leadership of the legislative, administrative, communications, district, political, fundraising and coalitions operations. • Responsible for two Florida offices and one D.C. office with an annual $1.5 million budget and 20-employees. 32 • Establish and implement monthly and yearly strategic political,legislative,and communication goals. Conduct regular assessments of employees and review and update goals. _ • Responsible for all media and outreach including releases, statements, interviews and speeches; working with national, state and local press; the White House, House and Senate leadership; and a broad array of coalitions. • Chief strategist for all legislation and policy. CAMPAIGN OF JEFF MILLER FOR CONGRESS CAMPAIGN MANAGER PENSACOLA,FL MAY 2001—OCTOBER 2001 • Responsible for all campaign personnel, fundraising, media and public relations, issue and opposition research,volunteer recruitment,and strategy. • Directed a win in a competitive six-way primary election with 54.1% of the vote and a general election with 66%of the vote. OFFICE OF CONGRESSMAN JOE SCARBOROUGH LEGISLATIVE DIRECTOR/DEPUTY PRESS SECRETARY WASHINGTON,D.C. DECEMBER 1996—MAY 2001 • Responsible for operations of the five-person Legislative Office. Manage the Congressman's Judiciary Committee assignment. • Researched legislation to provide summaries, analysis, and vote recommendations for multiple issue areas including national defense, energy, health care, transportation, telecommunications, labor, trade, science, and technology. • Managed and prepared appropriations, transportation reauthorization, and water resources requests. Coordinated with local officials,interest groups,and lobbyists to enhance requests in order to meet all committee requirements and secure funds for the First District of Florida. • Authored all floor speeches, committee remarks, policy briefs, and media editorials. • Drafted bill text and developed co-sponsorship support to introduce legislation. Collaborated with committee staff to implement these legislative initiatives. NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE SENIOR FIELD ANALYST WASHINGTON,D.C. MARCH 1998—AUGUST 1998 • Acted as consultant to Congressional candidates, primarily in the Deep South and the Ohio River Valley areas. • Achieved the best win/loss ratio of any Field Analyst in the 1998 cycle. 33 CAMPAIGN OF JOE SCARBOROUGH FOR CONGRESS CAMPAIGN MANAGER PENSACOLA,FL JULY 1996—DECEMBER 1996; MAY 2000-AUGUST 2000 • Responsible for all campaign personnel, fundraising, media and public relations, issue and opposition research,volunteer recruitment, and strategy. FIRST NATIONAL LIFE INSURANCE COMPANY MARKETING MANAGER PENSACOLA,FL OCTOBER 1994—JULY 1996 • Responsible for managing seven-person marketing department. Designed and implemented a comprehensive marketing strategy for 8000 health agents in thirty-eight States. Developed State Government relations program. EDUCATION THE UNIVERSITY OF WEST FLORIDA, PENSACOLA,FL MASTERS OF PUBLIC ADMINISTRATION 1998 THE UNIVERSITY OF FLORIDA, GAINESVILLE,FL BACHELOR OF ARTS IN POLITICAL SCIENCE MINOR IN MASS COMMUNICATIONS 1994 OTHER CLEARANCE: Department of Defense, Top Secret MEMBERSHIPS: National Rifle Association,Chief of Staff Association, Ducks Unlimited, Republicans Associated for Mutual Support(RAMS), Republican Communications Association(RCA) Past President of the University of Florida Alumni Association of Greater Washington DC Regional Vice President of the UFAA Board of Directors,2010 Florida State Society of Washington DC, board member 2009—present 34 2.3 MAJOR ACHIEVEMENTS Provide detailed information regarding any major achievement(s) the proposing firm or a member of its team may have had in successfully achieving the goals of its public sector client(s) with regard to legislation and funding (as applicable) in the following areas: transportation; community and economic development; environmental projects; beach re- nourishment; infrastructure improvements; hurricane and disaster recovery efforts; housing and urban development; homeless programs; or, homeland security. Ballard Partners Our experience in the municipal arena began in 1998 with the City of Boca Raton and Martin County,which we still represent. Since that time our local government practice has grown to include the Cities of Boynton Beach, Palm Beach Gardens, City of Jacksonville, Pembroke Pines, Delray Beach,and Port St. Lucie, Towns of Palm Beach and Lantana. In addition to Martin County, our county government representation currently includes Broward, Osceola, and Polk counties. We have also represented Miami-Dade, Alachua, and Charlotte counties as well as the Florida Association of Counties. We have been privileged to represent a number of diverse clients for over a decade, working in partnership to achieve many successes. We offer an abundance of working knowledge of municipal efforts coupled with insight achieved through working closely with the incoming Administration, as well as Congressmen, Senators, and officials in in the departments and agencies. We offer the following as a sample of the many legislative accomplishments we have achieved on behalf of our clients. Sober Homes City of Delray Beach We assisted in passing HB 21 by Representative Bill Hager and Senator Jeff Clemens relating to Substance Abuse Services which will address the spread of sober homes in Florida. This issue was a priority for many of clients including the City of Delray Beach. This important bill establishes voluntary certification programs for recovery residence administrators and recovery residences, commonly referred to as Sober Homes. Sober Homes certified under the new process will be inspected by a credentialing entity prior to the initial certification and during every subsequent renewal. It also requires certified recovery residences to be actively managed by a certified recovery residence administrator. Lastly it requires all owners, directors and chief financial officers of a sober home, as well as individuals seeking certification as an administrator, to pass a Level 2 background screening. 35 Growth Management City of Boca Raton The City of Boca Raton was on the losing side of a lawsuit that would have required them to conduct a city-wide referendum every time they issued a development order outside of the comprehensive plan. This was clearly not the intention of the Florida Legislature when they passed sweeping growth management legislation in 2010. Cities that did not have a referendum policy in place before the legislation passed were exempt from this provision. Unfortunately,the court felt that the law was unclear in this regard. We were able to rectify this situation with the passage of HB 537. This bill clarified that the city would not have to hold referendums for many of the projects already in the pipeline. This legislation dealt with a very controversial area of the law but all concerns were dealt with during the committee process and the bill passed unanimously out of both chambers. Mitigation of Wetlands Martin County Martin County is one of the few counties in Florida that does not allow for the mitigation of wetlands, specifically prohibiting the destruction of any wetlands. This local policy is one of the strictest in the State and has come under fire on the legislative front for several years. The 2013 Session was no different. Language that would have preempted Martin County's ordinance was included in several important bills moving through the legislative process. Working with the Martin County delegation, and other concerned interest groups, we were able to have this language removed from all legislative vehicles ensuring defeat of this state preemption. Jacksonville Transportation Authority (JTA) We provide strategic counsel as well as legislative and executive lobbying services to this Jacksonville-based state agency. We are proud of our work to secure funding for the St. Johns River Ferry as well as other appropriations that help JTA provide a transportation system throughout Jacksonville that serves the needs of a community of 840 square miles. In 2012, our Firm led lobbying efforts to pass legislation creating the Regional Transportation Commission to improve mobility and expand multimodal transportation options in Baker, Clay, Duval,Nassau, Putnam, and St Johns Counties. In 2012, the Firm was successful in changing the law to revise the financial disclosure requirements to remove a citation to law relating to the Jacksonville Transportation Authority so that members of that authority are required to file a limited financial disclosure statement with the Commission on Ethics. In 2009, the Expressway Authority Act was changed to require that board members of a transportation authority file a detailed financial disclosure form as required by the State Constitution. Until this law changed,the Jacksonville Transportation Authority Board Members filed a more limited financial disclosure form similar to other local boards. This change in law was considered a deterrent to membership on many transportation authority boards. 36 Jacksonville Port Authority (JAXPORT) Our work as a part of the JAXPORT team enabled funding in this year's budget to begin the deepening Jacksonville's shipping channel. We also worked with the Florida Department of Transportation to allow the most efficient transport of vehicles from ships to various intermodal opportunities around the port seamlessly. We work closely with the Florida Department of Transportation on a myriad of issues facing the Authority, its tenants and customers each year. Right-of-Way Deed Transfer Miami-Dade County Miami-Dade County sought for two sessions, a change in state law to authorize transfers of right-of-way between local governments by deed. When a new city incorporates or an area is annexed to an existing city, the County transfers neighborhood streets from being county unincorporated ownership and maintenance to city ownership and maintenance. The law at the time required the County to do right-of-way transfer by map,a costly process for local governments (a similar process to an individual surveying a house and property for purchase but on a larger scale). Current law allows the Florida Department of Transportation (DOT) to transfer road right-of-way by deed or map. We were successful in amending the omnibus DOT legislative package (HB 599) during the 2012 Session to include language that would give the County the same option to utilize a Right-of-Way deed transfer in lieu of mapping when transferring county roads to municipalities. This flexibility will result in a substantial cost savings to taxpayers. Our clients will expect, and we will demand of ourselves the same level of success in our federal work, as is demonstrated by our successes in Florida. Our team is highly successful in identifying and obtaining financial support for our clients. The appropriations process is one that is constantly changing. Our team members understand this evolving process and have developed relationships with the appropriate elected officials and staff members, as well as agency personnel in the executive branch and at the White House. The process of obtaining funding can be a vastly different process from year to year, and from one legislative body to the other. Our involvement is a continual exercise. Obtaining positive results for our clients requires a constant presence among decision makers and staff members responsible for implementation. 37 -4 COC Ca D Ov 0Z 00 0 0 G1 Z D 2 3.0 APPROACH AND METHODOLOGY Submit detailed information on the approach and methodology proposed in its efforts on behalf of the City to accomplish the desired goals of this solicitation, including detailed information, as applicable, which addresses, but need not be limited to: how the proposer plans to represent the City before all federal agencies in Washington,D.C.,which may have bearing on the ability of the City to make the best use of federal programs such as grant opportunities and funding availability for transportation, community and economic development, environmental matters, beach re-nourishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, homeland security and any other areas that proposers believes may be of interest to the City. The Firm specializes in all aspects of governmental and public affairs, including federal, state, and local legislative advocacy and administrative issues affecting agency decisions. Our philosophy is simple: We combine extensive government experience with unwavering advocacy to maximize clients' results. We bring a broad range of governmental and political expertise to meet the needs of our clients. Our lobbying success is grounded in our collective years of experience,a keen understanding of local,statewide and federal politics, and effective representation in a myriad of policy areas, impacting a wide spectrum of government. We have diligently reviewed the Scope of Services required in this RFQ and fully understand the requirements. We are passionate, persuasive advocates who maximize results for the clients we serve. We are engaged at the highest levels of local, state, and federal government,and are able to meaningfully promote the City's legislative,budgetary, and policy agenda. Once retained, our Firm will work with the City and its staff to identify and review all areas of concern and interest, and establish the goals and priorities of the City. We will then develop an overall strategy,timelines,and deliverables to address those issues and compile the necessary supporting information. Beyond a list of identified action items, the team will track, monitor, and report on all filed bills that may have an impact on the City. Once priorities and goals are established,we will devise and communicate an approach for accomplishing those legislative and policy needs. We will immediately begin to implement the strategy by identifying and working with key legislators and legislative committee staff. We will also maintain an active and ongoing engagement with committee chairs, key policymakers, and staff of the legislative and executive branches at all levels. We have a proven track record in cultivating strong working relationships with legislative leadership, committee staff, and the Executive and Cabinet agencies at the local, state, and federal levels. We will facilitate meetings with key members of relevant committees, as well as with the House and Senate leadership, agency and department officials at the state and federal levels, and members of the Administration. Additionally, the Firm will assist the City in developing and strengthening relationships with leadership in the House and Senate. 38 As a result of our connections we have the opportunity and access to alert our clients of potential grant opportunities that may be beneficial to their needs and priorities. We will work on the City's behalf, to find grants that could benefit the City, specifically in: transportation, economic development, environmental matters, beach re-nourishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, homeland security, etc. Our Firm's knowledge and experience with federal agencies and departments makes us especially equipped to facilitate the grant writing process, help the City navigate the procedures involved with the grant application process, and work with our contacts to encourage a successful outcome on behalf of our clients. The Firm is confident that we can provide full-scale, comprehensive representation of the City in accordance with the stated requirements while in complete compliance with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations. 39 CD z CO C D Z n m BALLPAR-01 TODONNELL Ait—e-)121-30 CERTIFICATE OF LIABILITY INSURANCE °ATE,M#AOOV/WYg Iii......---- 04/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF 9FORMAIION ONLY AND CONFERS NO RIGHTS UPON THE CERTWICATE HOLDER.TIM CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S).AUTHOR REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INURED,the po0ey(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGAT ON IS WAIVED.subject to the terms and conditions of the policy,certainpolicies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorse endorsement(s). watxtucert T Tina O'Donnell Lewcy Insurance.SokrGons.LLC ,E.e I taN.1,(850)894-3129 12nd Floor Drive Ext may*todonnekillegacyins0c.com Tallahassee,FL 32308-7942 FEUNFR14i AFFORINNa CONFYAOE Nast II aassAE*A Southern-Owners insurance Company 10190 INSURED sauce*a FFVAMutual Insurance Como:anv 10385 Ballard Painters.Inc_ aware*c Travel s Casualty and Surety Company of America 31194 403E Park Ave INSURE IT 0. Tallahassee.FL 32301 INSUNER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT 1MB POUCtES CF INSURANCE L==IED BELOW HAVE BEEN=UIED TO THE INSURED NAMED ABOVE FOR THE P'OLFCY PERIOD INDICATED_ NOTWITI TANDHNG ANY REQUIREMENT,TERM OR CONDmON OF ANY CONTRACT CR OT DOCUMENT WITH RESPECT 10 WItCH NID CERTIFICATE MAY BE IODIED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRY HEREIN 0MIELE-CTTOALL THE TERii'C, EXCLUSIONS AND CONYNTICNS Cf SUCH POUCES.UNITS DHPOWN MAY HAVE BEEN REDUCED BY PAID CLAMS: ADDS SUITE PIRACY ET+ POLICY t XP LIN TYPE OF INSURANCE ) POLICY NUMBER MilsaI ItIrtra EAMIQDIYYYYI utters 4R A X cotilwtOMLOt ermsLemur,' EACH OCCLRITSCE S 1,000.000 I CLAIM0_WA F 0 cca.A x 78707044-17 05171.2017 05/0112018 s i D« E s 300,000 IVACO RFD ESE!Am TRH 0wfani I TFRE.CMN.S ADP AWRY I ActaF-A tAirr PER CEPIERAS ACPT IA`TF 3 2,000,000 X P_I.:CY L Li Loc ARTX ic'T4.,' Nf. CaPCP - S 2.000.000 =HAT I cceierseDMCI!JOIar1.000,000 A FATIOMAE OBLIAIRSITY ,Pa...He! S �ANY�Y AEtpiTo - 78707044-17 05/0112017 80112018 ROMP ISLARY EPa Prwen, a _ L.l7 OTAY ifr"-§UI:ED SCDLY!NARY MIT acciSerR1 S 1 X ZrFD 7L NCH-DA/LIFO ,�F+a: Al,� 1 AUTOS 014.Y CEA( $ A X UAIBNECIA LAB X CCCLR EACH OCCLISFPNCE i 4,000.000 EXCESS use C.LAWf~11ACF 50707044-110 05101.2017 090112018 ACCFECAT s 4,000.000 DED I I REEN-CHS S } B WORKERS CONPENSATIOM I h'>TE I I iTm- ANO EMPLOYERS'SNOWY Y141 ANN FITAFRIETONME EL TIYE xCITATOY N!A 4NC84000YdS42-2012,0 0587112017 0510112018 E,EACH ACC-MEW II 1,000.000 �wll0 awl E DSEASE-FAEAPt�J'°EE I 1.000.000 trw.,A.wE.wwu 1,000,000 CEWA IPTN2N C0 OPFFYA"CPPISw DISEASE-ROLCYLAIIT S C Professional Lab 106050552 02/0972017 0210912018 Occurrence 2,000.006 C Professional Liab 106050552 02109/2017 0210912018 Aggregate 2,000,000 OEst-RNP110N OF OPERATIONS/LOCATIONS!YETTEMEe IACORD 101,A41111Mr.1R.III0*0,A.n.e.N. e...s•s.a A mom apse no+vn.AP CERTIFICATE HOLDER CANCELLATION SHdLD ANY OF THE ABOVE DESCRIBE POUCES BE CANCELLED BEFORE THE ECPIRATION DATE THEREOF, NOTICE NAA. BE OHAVERED IN ACCORDANCE.WITH THE POLICY PFEDARSMONS. ADTIN11NZE8 REPRESENTATIVE ACORD 25(2016103) 40 1388-2015 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD 40 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX E MIAMI BEACH Insurance Requirements 2017-232-WG Federal Governmental Consulting Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD floor Miami Beach, Florida 33139 RFQ 2017-232-WG 30 MIAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. The provider shall furnish to Department of Procurement, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. . C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than$1,000,000 with the deductible per claim, if any,not to exceed 10%of the limit of liability. A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,or its equivalent,subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH,FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. RFQ 2017-232-WG 31