Resolution 2018-30518 RESOLUTION NO. 2018-30518
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS SEPTEMBER 14, 2018
MEETING, AND APPROVING AND AUTHORIZING THE CITY
ADMINISTRATION TO OBTAIN ADVERTISING SERVICES FOR
THE CITY'S TROLLEYS FROM THE CITY OF MIAMI TROLLEY
ADVERTISING CONTRACT WITH OUTFRONT MEDIA.
WHEREAS, at the July 13, 2018 Finance and Citywide Projects Committee (the
"Committee") budget briefing meeting, multiple options were presented to the Committee as
alternative ways to generate revenue for the City of Miami Beach (the "City"); and
WHEREAS, the City Administration has met internally, as well as with industry
professionals, to discuss various potential revenue streams, including associated challenges
and opportunities; and
WHEREAS, at the September 14, 2018 Committee meeting, the City's Marketing and
Communications Department presented each option in further detail; and
WHEREAS, the City of Miami is currently under contract with Outfront Media for trolley
advertising services, with up to one and a half years remaining in the term of the agreement;
and
WHEREAS, the City of Miami Beach can utilize (i.e. "piggyback" on) the City of Miami's
contract with Outfront Media to obtain trolley advertising services for Miami Beach trolleys; and
WHEREAS, the City Administration estimates that the City of Miami Beach could
generate $500,000 in revenue from trolley advertising services during Fiscal Year 2018-2019;
and
WHEREAS, following the Committee's review and analysis of potential revenue streams,
the Committee recommended that the City's Marketing and Communications Department move
forward with exploring the following potential alternative revenue streams: (1) advertising on the
City's trolleys; (2) large-scale sponsorships, specifically for naming opportunities for certain City-
owned facilities, including naming rights to the Miami Beach Convention Center; and (3)
advertising on the rear exterior side of the City's Fleet Management building on Terminal Island;
and
WHEREAS, on September 26, 2018, the Mayor and City Commission discussed the
options recommended by the Committee, and voted to direct the City Administration to obtain
trolley advertising services through (i.e. "piggyback" on) the City of Miami's agreement with
Outfront Media.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee at its September 14, 2018 meeting, and approve and authorize the City
Administration to obtain trolley advertising services through (i.e. "piggyback" on) the City of
Miami trolley advertising contract with Outfront Media.
PASSED and ADOPTED this 26th day of September, 2018.
ATTEST:
j67Possw' n Gelber
Rafael E. anado Mayor
City Clerk
APPROVED AS TO
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 26, 2018
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS SEPTEMBER 14,
2018 MEETING TO APPROVE ALTERNATIVE REVENUE STREAMS INCLUDING
ADVERTISING ON THE CITYWIDE TROLLEY SYSTEM, LARGE-SCALE
SPONSORSHIPS, INCLUDING NAMING RIGHTS TO THE MIAMI BEACH
CONVENTION CENTER AND ADVERTISING ON THE BACK OF THE FLEET
BUILDING.
RECOMMENDATION
Administration recommends accepting the recommendation of the Finance and Citywide Projects
Committee.
ANALYSIS
At the July 13, 2018 Finance and Citywide Projects Committee Budget Briefing Meeting, multiple
options were presented as alternative ways to provide revenue to the City. The options included
Advertising on the exterior of trolleys, large-scale sponsorships throughout the City such as park
naming rights and naming rights to the Miami Beach Convention Center and advertising on the back
side of the Fleet-management building.
Each of these items present both positive and potential negative implications and as such, staff has
since met to discuss the items in detail. Discussions included potential legal, planning and historic
preservation implications. Each option is expanded further below.
ADVERTISING ON THE EXTERIOR OF TROLLEYS
Previously, on the temporary Alton/West Trolley, advertising was sold by the city's development
coordinator. Each trolley garnered $2,150 per month in revenue or $78,000 per year for 3 trolleys,
solely for advertising on the exterior windows.
The City now has 25 trolleys that operate city-wide. Upon implementation of these trolleys, staff was
given direction to create a cohesive branding for the trolleys and no longer allow advertising on them.
Thus, a design was adopted by Commission and all trolleys have a similar design that showcases the
different iconic lifeguard stands throughout the City.
Since the July 13, 2018 Finance and Citywide Projects Committee Budget Briefing, the
administration researched the possibility of piggybacking and working with Outfront Media, the
company that is currently contracted to sell the advertising on the City of Miami trolley system, to sell
advertising on the exterior of all trolleys in Mian Beach. There is approdmately one year and six
months remaining on the contract with the City of Mian. If approved, sales would begin immediately
and Outfront has stated that we could add $500,000 in revenue to the FY19 budget. The City of
Mian contract with Outfront Media, including all extensions and renewals, is attached for your
Page 319 of 451
review.
SPONSORSHIPS THROUGHOUT THE CITY, INCLUDING MIAMI BEACH CONVENTION
CENTER NAMING RIGHTS
In 2007 the City hired a consultant to do a thorough assessment and inventory of all possible
sponsorships throughout the City as well as possible revenue amounts for each item. After the
completion of the assessment, the consultant was retained to begin the sales of these sponsorships,
in addition to the sponsorship sales that were managed by the city's development coordinator. The
consultant focused on larger sponsorships and brought in the current contract between the City and
Coca-Cola while the development coordinator focused on individual event sponsorships and
advertising in MB Magazine.
The Coca-Cola contract currently generates $325,000 per year in cash as well as$60,000 in in-kind
revenue and 450 cases of free product per year. The free product is used for city events such as the
Veterans Day Parade, Fire on the Fourth as well as donated to outside events such as Art Deco
Weekend. The contract was originally signed for a total of 10 years and will be up for renewal option
in 2022.
The contract expired with the sponsorship consultant, was not renewed and the City's development
coordinator continued selling advertising and sponsorships for the City. Since the inventory was
completed, the internal sponsorship and advertising coordinator has drastically increased the total
alternative revenue being generated for the City - with totals of both cash and in-kind now reaching
$1 Million per year. Some of the items included in this total are event sponsorships such as Fire on
the Fourth, Veterans Day Parade, Family Service Day, Parks and Recreation sponsorships and
advertising sold in the MB Magazine.
Many large parks and convention centers throughout the country utilize naming rights revenue to
provide alternative revenue. The following chart shows some arenas and convention centers that
have previously garnered naming rights revenue for their facilities. The newly renovated Convention
Center would be a candidate for such option.
Staff met to discuss the possibilities of naming rights and what may need to be done to allow this.
During the discussion, it was mentioned that, per the current City Code, the naming of the MBCC
may have to go to referendum. All possible sponsorships would have to be presented to Commission
for final approval prior to contracts being finalized. Administration could create a Request for Letters
of Interest through the Procurement department to obtain a contractor to begin to pursue these types
of sponsorships.
TERMS OF NAMING RIGHTS DEALS FOR COMPARISON AND RESEARCH
locution Venue Type Annual Tena Tool revenue
CerourylinkCertr-Onmim Nebmim Comenlon Or $93133333 15 114,000,00000
Huntington Bonk Convention CarnrkofClewoS Comenlion Or 1500,000.00 20 110,000,000.00
Carnival Center Cultural Art 510,000,000.00 1year 110,000,00000
Adrienne Anhf Cultural Are 530,001200000 In perpeluiry
Lobby of Carnival Studio Theater Cultural Art 1250,000_00 In perpeluiry
ZR9olletOlem HouseStQe Cultural Art 11,000,000_00 In pemeu21
Willis Tower-Formerly Sean Tower jOticoga) Mull-Fumtorel 51000,00010 Sme2009 UnknQ_
Toyota Center- Houston Texas Spam Ara 55,00000000 20 5100000.00000
'American Airlmee Cenerpallas Mo.enc6 Seam A,em 56,50000000 15 597500,00000
.Lincoln F ironco I FYU Philadelphia, Pen mylvan'a Sport Arena 36,647,6`9.05 21 3139,600,00000
Sank of America Stadium,Chariot, North CoroFno Sporn Arena 57,00000000 20 3140000.00000
Head Rock Stadium. Mbm,, Florida Sport Aro 313368,38309 IS $2500000000
Anercan Airliner Arena- Heat SporMM Let 32)00,000.00 Un112019 531,500,000 00
EXTERIOR ADVERTISING ON THE BACK OF THE FLEET BUILDING
The City of Miami Beach fleet building provides a great location to place signage that would only be
seen by cruise ship passengers as well as boaters in the area that enter and exit the Port of Miami.
The Port of Miami has approximately 5.3 pillion passengers each year. Murals of this size have
potential to sell for more than $20,000 per month or$240,000 per year.
Page 320 of 451
CONCLUSION
On September 14, 2018 staff presented this information to the Finance and Citywide Projects
Committee and it was recommended that the City's Marketing and Communications Department
move forward with the trolley advertising, large-scale sponsorships throughout the City and the sale
of advertising on the back of the fleet building.
NEYINTFNDFD OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As A World Class Destination
FINANCIAL INFORMATION
$500,000 in revenue would be added to FY 2019.
Legislative Tracking
Marketing and Communications
Sponsor
Commissioner Arriola
ATTACHMENTS:
Description
❑ City of Miami Agreement
❑ Amendment 1
❑ Amendment 2
❑ First Renewal
❑ Second Renewal
❑ Third Renewal
• 60 Days Contact Extension
Page 321 of 451
'Eitg ofglaiami
CONTRACT AWARD
Procurement Deyartment
RFP NO.: 272271(20)
DESCRIPTION: TROLLEY ADVERTISEMENT PROGRAM SERVICES
CONTRACT PERIOD: MARCH 20,2014 THROUGH MARCH 19,2016
TERM OF CONTRACT: TWO(2)YEARS WITH THE OPTION TO RENEW FOR FOUR
(4)ADDITIONAL ONE-YEAR PERIODS
COMMODITY CODE: 953
SECTION#1 —VENDOR AWARD
Van Wagner Miami, LLC
2610 N. Miami Avenue
Miami, FL 33127
Contact:Pablo Cremashi
Phone:(305)400-7355 x101
Fax: (305)400-9991
Email:peremaschd@vanwaaner.com
Contact:Jonathan Lavallee
Phone:(212)967-7333 x204
Fax: (212)967-7337
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C.AWARD DATE: DECEMBER12,2013 AMENDED AMOUNT: N/A
RESOLUTION NO: 13-0501 INSURANCE REQUIREMENTS: YES
ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A
Note: Funds allocated from the various sources APPLICABLE ORDINANCES: N/A
of funds from the user departments and agencies,
subject to availability of funds and budgetary
approval at the time of need.
SECTION#3—REQUESTING DEPARTMENT
DEPARTMENT OF BUILDING
Contract Administrator:Jarice Rodriguez
Phone: (305)416-1726
SECTION#4—PROCURING AGENCY
CITY OF MIAMI,PURCHASING DEPARTMENT
Buyer: Maritza Suarez
Phone: (305)416-1907
Fax: (305)416-1925
Prepared By: Aimee Gandariila, 1/28/14
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE'SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
WWWm am aov cpm/procurement
Page 322 of 451
City of Miami City Hall
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wwwmiemigovrom
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A motion was made by Frank Carollo,seconded by Wifredo(Willy)Gon,that this matter be CONTINUED.Note for
the Record:Item RE.14 was continued to the December 12,2013,Regular Commission Meeting.The motion carried by
the following vote:
Aye:5-W ifredo(Willy)Gort,Marc David Samoff,Frank Carollo,Michelle Spence-Jones and Michelle Spence-Jones
Absent: 1 -Francis Suarez
2 City Commission 12/12/13 ADOPTED WITH
MODIFICATIONS
City of bfwmi Page 2 Pr'intod on 6152015
Page 324 of 451
A motion was made by Wifredo(Willy)Gort,seconded by Keon Hardemon,that this matter be ADOPTED WITH
MODIFICATIONS.Chair Samoff RE.l3 I think is what were up to.
Commissioner Hardemon: You said"RE.13"?
Chair Samoff Thirteen. Page 2I.
Kenneth Robertson(Director,Purchasing): Good afternoon,Commissioners. Kenneth Robertson,Procurement
director. RE.13 is a resolution approving a contract award to Van Wagner Miami,LLC(Limited Liability Corporation)
for the provision of trolley advertisement program services in response to Request for Proposals 272271. This
contract has no expenditures for the City,and is a revenue-generating contract in an estimated amount of
approximately$424,000 per year.
Chair Samoff. All right,is there a motion?
Vice Chair Gort: Move it.
Chair Samoff: Motion by Commissioner Gort.
Commissioner Hardemon: Second.
Chair Samoff: Second by Commissioner Hardemon.
Commissioner Carollo: Discussion.
Chair Samoff: Yeah,I want to have one,too,but now you're recognized for the record,and then I'll go to
Commissioner Gort.
Commissioner Carollo: No,f II yield:CII yield to my colleague.
Chair Samoff: Do you want to go?
Vice Chair Gort: My understanding,that we had a request that use advertising in the trolley to maintain it,the service
for many more years to come,and hopefully,there will come a time when we will not have to charge people for that.
For the first three years,the people get used to the ridership.and then after that,we can make a decision.
Mr.Robertson: Correct. My understanding is that the fee structure for the trolleys is currently free for all riders. The
intent of this cost—this contract is to offset the operational expenses of the trolley program. I don't know the exact
date and year at which point we would become negative as to the operational side,but this is intended to offset those
costs.
Chair Samoff: Okay. Did--will--question: Will this be special revenue then? Will this be held onto and used to
allow us the determination--well,for us to determine whether we want to continue operating the trolley free for
service so that we could get outer years? Ifwe're--I heard were out—I heard 1/20/16. l heard were also out in 2020.
The only way f would support this item is if it were special-revenued,and it were designed to maintain the trolley
service
Vice Chair Gort: Right.
Chair SamolT: 'Cause I'm not going to support this and put it in the general fund.
Alice Bravo(Chief of Infrastructure): Alice Bravo,Assistant City Manager. Yes,the purpose of this advertisement
was to secure the revenue for the furtherance of the trolley service so that we could do that with a restricted fund.
Commissioner Carollo: You said,"was,"but 1 want to hear"is."
City of Miami Page 3 Printed on 6 5.1015
Page 325 of 451
City of Nfiami Page 4 Ported on 6,15,2013
Page 326 of 451
Commissioner Carollo: Yeah. No,and I think Commissioner Samoff,Chairman Samoff also believed in the charging,I
think. You know,its Commissioner Suaru and myself that were very adamant that we should not and give it a test
City of Miami Pages Fruited en 615,2015
Page 327 of 451
Aye:5-Wifredo(Willy)Gorl,Marc David Samoff,Frank Carollo,Francis Suarez and Keon Hardcmon
City of Miami Parr 6 Printed on 6:15,2015
Page 328 of 451
2 Office ofthe Mayor 12/23/13 Signed by the Mayor Office ofthe City
Clerk
2 Office of the City Clerk 12/23/13 Signed and Attested by
City Clerk
2 Office of the City 1/27/14 Reviewed and
Attorney Approved
Cay of Miami Paye 7 Priomd on 6.6/2015
Page 329 of 451
PROFESSIONAL SERVICES AGREEMENT FOR
TROLLEY ADVERTISEMENT PROGRAM SERVICES FOR THE CITY OF MIAMI
This Professional Services Agreement("Agreement")entered into this "'day of n0.9...6--\
2014 (the "Effective Date"), by and between the City of Miami, Florida, ("City"), a municipal corporation
organized and existing under and by virtue of the laws of the State of Florida,444 SW 2 Avenue,Miami,Florida
33130 and, Van Wagner Miami, LLC, ("Firm(s)"), FEI Number 205053402, a foreign limited liability
company,having its principal place of business at 800 Third Avenue,2g6 Floor,New York,NY 10022.
RECITALS:
WHEREAS,the City requires the services of a Firm(s)to provide management services for trolley advertising
products the City wishes to pursue currently and in the future(the"Services");and
WHEREAS,the City,on August 18,2011,issued Request for Proposals 272271 ("LE"),a copy of which in its
final amended form is attached as Exhibit "A" hereto and made a part hereof, to engage the services of a
professional firm(s)with adequate staff and experience to perform the Services;and
WHEREAS, Firm(s)' response to RFP 272271,9, as amended, a copy of which is attached as Exhibit 'B"
(" ro osal"),was selected as the most qualified proposal for the provision of the Services;and
WHEREAS, the Agreement,plus Exhibit"A",plus Exhibit"B"comprise the"Agreement Documents";
and
WHEREAS,the Miami City Commission,by Resolution No.R-13-0501,passed and adopted on December 12,
2013,approved the selection of Finn(s) for the provision of the Services,and authorized the City Manager to
execute a management agreement,under the terms and conditions set forth herein;
NOW,THEREFORE,in consideration of the mutual covenants and obligations herein contained,and subject
to the terms and conditions hereinafter stated,the parties hereto understand and agree as follows:
I. DEFINITIONS
1.0"Advertisin&Advertisement Program"shall mean category 6(Trolley Advertising)as described in Section
3 of RFP 272271 and any amendments or addendums thereto relating to advertising on the City-owned
trolleys(the"Trolleys").
1.1 "City Commission"shall mean the local legislative body of the City of Miami.
1.2"City Manager"shall mean the chief administrator of the City of Miami.""Assistant City Manager'shall
mean the Chief of Infrastructure/Operations who will serve as the City Manager's principal designee for
this Agreement. References in this Agreement to the"City"without further designation or definition shall
mean the City Manager.
Page 330 of 451
1.3 "Director"shall mean the Assistant City Manager.
1.4 "Third Party Businesses/Advertisers"shall mean those businesses or advertisers who wish to enter into an
agreement with the Firm(s),to promote its goods or services for sale or rent,on the Trolleys.
II. INITIAL TERM AND RENEWAL OPTIONS
The term of this agreement shall be two(2)years of operation of service commencing on the Effective Date of
this Agreement. The City Commission retains the option to extend this Contract for four(4)additional one(I)
year periods.Each renewal of this Contract is subject to the continued satisfactory performance and compliance
with the specifications, terms and conditions, as established in the RFP as determined by the City in its
reasonable discretion. All activities as described in the Scope of Services which are applicable to this
Agreement shall be undertaken, performed and completed within the term provided herein. This Agreement
will be in effect during the term indicated below.
III.PRIORITY OF PROVISIONS
3.0 If there is a conflict with this Agreement and the RFP,this Agreement shall prevail.If there is a conflict with
this Agreement and the Proposal, this Agreement shall prevail. If there is a conflict with the RFP and the
Proposal, the RFP shall prevail. Any conflicts between the Agreement and the RFP and the Proposal will be
resolved as set forth in this Article III. The City reserves the right to resolve any contradictions and to correct
any errors contained in its proposal documents,provided such corrections do not adversely affect the Firm(s)'s
rights hereunder. Any conflicts between the Request for Proposals and Addenda shall be resolved in favor of
the provisions of this Agreement.
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto,any document or events referred to herein,or any document incorporated into the Agreement
Documents by reference,and any term,statement,requirement,or provision of the Agreement Documents,the
following order of precedence shall apply:
3.1 In the event of conflicts in the Agreement Documents the priorities stated below shall govern;
• Revisions(Amendments)to the Agreement which are executed by each of the City and the Firm(s)
shall govern over the Agreement.
• The Agreement shall govern over any Addendum to the RFP,the RFP,and the Proposal.
Page 331 of 451
IV.SCOPE OF AGREEMENT
Awarded Category 6:Trolley Advertising.
Smaller wraps,to include:(I)the middle section of both sides of the trolley(s)while maintaining the
branding on both the left and right sections of each side;and(2)the full back side of the trolley(s),as shown
on Exhibit"C"attached hereto.
The Firm(s)'s obligations shall include the Scope of Services outlined in Section 3.1,Category 6,of the RFP and
in the Firm(s)'s response to the RFP,the terms of which are incorporated by reference herein.In the event of any
conflict, the terms of this Agreement shall prevail. In addition to the aforementioned responsibilities, the
Firm(s)'s obligations shall include,but are not limited to the following:
4.0 General Responsibilities
a. Marketing city-owned properties for the Advertisement Program.
b. Negotiating the highest return to the City.
c. Review of all existing and potential codes,laws,other requirements of governmental agencies having
jurisdiction over advertising and outdoor advertising,applicable policies,and procedures as they may
relate to the City's Advertisement Program.
d. Providing ongoing management services, including auditing,inspections as prescribed by Sections
18-100 through 18-102 of the City Code,which is deemed as being incorporated by reference herein,
and contract compliance and enforcement.
e. The Firm(s)shall be under the supervision of the Assistant City Manager/Chief of Infrastructure to
accomplish the Scope of Services and present its findings and recommendations to the City
Commission, if necessary.
1. As may be directed by the City Manager,the Firm(s)is expected to cooperate and fulfill requests for
information that pertain to the work.
g. The Firm(s)shall provide its own personnel,office,telecommunications,and office/work space,except
as necessary during meetings or presentations held on City-owned properties.
4.1 Marketing and Solicitation Tasks
a. Market the Trolleys by doing the following,upon request from the City:
b. Collect and research all information concerning the Trolleys available for the Advertisement Program.
c. Prepare a comprehensive report with findings,conclusions and recommendations,including a
comprehensive timeline for complete analysis and marketing for advertising in or on the Trolleys.
d. Prepare a marketing campaign that will be disseminated to the appropriate third party
businesses/advertisers.
e. Distribute marketing information to advertisers through e-mail,flyers and/or other acceptable means,to
include the following:
i. Overview/introductory letter.
ii. Firm(s)' detailed description of the City's offers for advertising opportunities.
Page 332 of 451
4.2 Contract Administration Tasks
a. Evaluate curtent and future revenue potential of the City's Advertisement Program;
b. Develop and recommend a plan("Plan")for optimizing advertising opportunities and increasing
revenue to the City;
c. Implement the Plan upon the City's approval;
d. Provide ongoing management of the City's Advertisement Program;
e. Track and manage all issues and requests concerning the operation of the City's Advertisement
Program.
f. Coordinate the installation and/or removal of advertising equipment under the City's Advertisement
Program including notification to all applicable City departments.
g. For City sponsorships or Public Service Announcements(PSAs),assist with the printing, installation
and removal ofadvertising materials on the inside of the Trolleys,each at the sole cost and expense of
the City;
h. Prevent any additional casts not contemplated under this Agreement to the City;
i. Prepare specifications for bidding and/or agreements;
j. Provide all personnel,equipment,and other resources necessary to operate the City's Advertisement
Program
k. Coordinate all necessary requirements pursuant all other City Departments including but not limited to
Building,Planning&Zoning,Risk Management,and Finance Departments.
I. The Firm(s)will be required to maintain separate books and accounting records each category of
advertising covered under the agreement.Such books and records shall include any revenues,costs,or
other financial items associated with the management and operation of the City's Advertisement
Program in a form and manner reasonably satisfactory to the City.These books and records shall be
open to inspection and audit by a City representative at all times during regular business hours at the
Firm(s)upon reasonable prior notice.Reference is made to the audit and inspection provisions provided
in§18-100 through §18-102 of the City Code,which are deemed as being incorporated by reference
herein.
4.3 Monitoring& Inspection Services
a. Monitor all Trolleys where the City's Advertisement Program exists.Once advertising equipment is
installed,erected or mounted on a Trolley,with the exception&normal maintenance or repair and copy
changes,the structure may not be altered without prior written approval by the City Manager,which
may not be unreasonably withheld.
b. Conduct scheduled inspections to ensure that with the City's Advertisement Program is being managed
and operated to the City's satisfaction.The Firm(s)shall provide documentation of inspection activities
performed at each location on an annual basis upon request.
c. Maintain an emergency response plan to address graffiti,major structural defects and other conditions
that, in the opinion of the City,requires immediate attention.
V.GRANT OF LICENSING RIGHTS
The City hereby grants to the Firm(s) during the term of this Agreement the exclusive authority to market,
negotiate,manage,inspect and sell advertising on the Trolleys where the Advertisement Program exists,and to
negotiate and execute agreements with Third Party Businesses/Advertisers with respect to advertisements on
the Trolleys in connection with the City's Advertisement Program. The Firm(s) and/or the Third Party
Businesses/Advertisers will retain ownership of any personal property, trade fixtures, equipment and other
temporary installations where advertising is deemed to be installed, erected or affixed thereto. However, the
Firm(s) shall be required remove the same upon the expiration of this Agreement. Furthermore, the Firm(s)
shall be required to repair all damage to the Trolleys caused by such installation and removal,at the Finn(s)'s
Page 333 of 451
and/or the communications operators'expense,normal wear and tear accepted.At all times during the term of
this Agreement and/or any other agreement with the City concerning the Advertisement Program,the Firm(s)
and the Third Party Businesses/Advertisers shall not destroy,deface,damage,impair,or remove any part of the
Trolleys therein belonging to the City,nor permit any person under its control to do so.
5.1 Nothing herein contained shall be construed as an intention to grant, or as a grant of, any rights of an
exclusive nature or paramount to any rights,permits or licenses heretofore or hereinafter granted or conveyed
by the City,except for the exclusivity of the rights granted in the foregoing paragraph.This Agreement shall not
be assigned,nor shall any of Finn(s)'duties be delegated or subcontracted to any third-party without the City
Manager's express written consent, in the City Manager's sole and absolute discretion,provided,however,the
City's consent shall not be required for an assignment by the Firm(s)to(i) to an entity controlling,controlled
by, or under common control with, the Firm(s), (ii) in connection with a sale by the Firm(s) of all or
substantially all of its business or assets (regardless of the form of transaction through which such result is
achieved),and(iii)as a collateral assignment to its senior secured lenders.Notwithstanding the foregoing,and
as specified in this Agreement, Firm(s)shall be entitled to market,solicit, negotiate, and prepare agreements
with Third Party Businesses/Advertisers for the installation of advertising in or on the Trolleys and to
administer such agreements, as provided in this Agreement However, the City Manager shall review and
approve or disapprove the advertising copy sent by Third Party Businesses/Advertisers to be posted on the
Trolleys,in its reasonable discretion. The Firm(s)shall provide the City with a copy of such advertising copy
for review and the City shall have three (3)business days from receipt to either approve or disapprove such
advertising copy. If the City does not respond within such three(3)business day period,the advertising copy
provided shall be deemed approved by the City. The City may only withhold its approval of a proposed
advertising copy if, in the City's reasonable discretion, the proposed advertisement is pornographic,obscene,
lewd, indecent or otherwise offensive or objectionable to public morals.
5.2 In the event that any agreement with any Third Party Business(es)/Advertiser(s) is terminated prior to the
expiration of its initial term or option periods for any of the Trolleys, the Firm(s)shall use its commercially
reasonable efforts to replace the previous Third Party Business/Advertiser with a new Third Party
Business/Advertiser. The term of the agreements with the new Third Party Business(es)/Advertiser(s)shall be
determined by the Firm(s)in its reasonable discretion.
5.3 Firm(s)shall not be liable to the City for the monetary default by a Third Party Business/Advertiser of its
obligations under its advertising agreement with the Firms(s).However,in the event ofa termination or default
by any Third Party Business/Advertiser, the Firm(s) shall use commercially reasonable efforts to find a
replacement advertiser on the Trolley.
VI.CONDITION OF PROPERTIES
Any City-owned Trolleys that are offered by the City for the Advertisement Program will be offered in their
present "as is" condition and state of repair and without any representation by or on behalf of the City.
Furthermore,the City shall not be liable for any latent,patentor other defects on its properties.
Page 334 of 451
VII. COMPENSATION
The Firm shall pay to the City as revenue earned 52.5%of gross receipts on a monthly basis, payable within
thirty (30)days following the end of each month with respect to the previous month. Gross receipts shall be
reduced by:(i) Independent third party agency commissions;and(ii)amount of any sales or excise tax levied
upon any sales, rentals,and/or services rendered and payable to the appropriate governmental authority; The
City shall not be responsible to pay any expenditures under this Agreement.
VIII. CHANGES TO THE PROPERTIES AND/OR INSTALLATION OF ADDITIONAL
EQUIPMENT
The City reserves the right at any time and from time to time to reasonably: (i) make or permit changes or
revisions in its plans for its properties,including additions to,subtractions from,rearrangements of,alterations
of,modifications of or supplements to the building areas,walkways,parking areas,or driveways,(ii)construct
other buildings or improvements on any of its properties and to make alterations thereof or additions thereto.
Furthermore,during the term of the Agreement,the City will retain the exclusive right to install and maintain
any other equipment unrelated to the Advertisement Program on its facilities,structures, or properties. In the
event that other unrelated equipment is installed on City-owned properties,the Firm(s)will cooperate with the
City regarding scheduling and other logistics, to facilitate the installation of other unrelated equipment, to the
extent applicable.
IX.COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS
The Firm(s) shall comply with all applicable permits and approval requirements of governments having
jurisdiction over advertising or the Advertisement Program, laws,ordinances,codes, rules and regulations of
federal, state and local governments, including the City. The Firm(s) shall additionally comply with the
provisions of Section 119.0701,Florida Statutes,regarding public records.
X.LABOR STANDARDS
The Firtn(s)shall assume any and all liability and responsibility under this Agreement for compliance with all
applicable labor standards,rules,requirements and laws relative to their employees and personnel.
XI.GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service,overnight courier or by registered mail addressed to the other party at
the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed
given upon actual receipt or refusal thereof.
Page 335 of 451
CITY FIRM
Johnny Martinez,P.E.,City Manager Pablo Cremaschi
City of Miami Van Wagner Miami,LLC
3500 Pan American Drive 2610 N Miami Avenue
Miami,Florida 33133 Miami, Florida 33127
(305)400-7355
With a copy to:
Steven S. Pretsfelder,Esq.
Van Wagner Miami, LLC
800 Third Avenue,28th Floor
New York,New York 10022
XII.OWNERSHIP OF DOCUMENTS
Upon written request, all documents developed in relation to the performance of the work done under this
Agreement by the Firm(s) shall be delivered to the City upon completion of the services required and shall
become the property of City,without restriction or limitation of its use. The Firm(s)agrees that all documents
maintained and generated hereto shall be subject to the applicable provisions of the Public Records Law,
Chapter 119,and Florida Statutes.
XIII.AWARD OF AGREEMENT
The Firm(s)warrants that it has not employed or retained any person employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid,or agreed to pay any person employed by the City any
fee,commission,percentage,brokerage fee,or gift of any kind contingent upon or resulting from the award of
this Agreement.
XIV.CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws of the State of Florida.
XV.SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,their heirs,executors,legal representatives,successors
and assigns.
XVI.INDEMNIFICATION
Firm(s)shall indemnify and hold harmless City,its officers,agents,directors,and employees, from liabilities,
damages, losses,judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
Firm(s)and persons employed or utilized by Firm(s)in the performance of this Contract.Firm(s)shall,further,
hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees
against,any civil actions,statutory or similar claims,injuries or damages arising or resulting from the permitted
work,except to the extent the City, its officials and/or employees were negligent or due to the City's willful
misconduct. These indemnifications shall survive the term of this Contract. In the event that any action or
Page 336 of 451
proceeding is brought against City by reason of any such claim or demand,Finn(s)shall, upon written notice
from City, resist and defend such action or proceeding by counsel satisfactory to City.The Firm(s)expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by Firm(s)
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 indemnification provided above shall obligate Firm(s) to defend, at its own expense, to and through
appellate, supplemental or bankruptcy proceeding,any and all claims of liability and all suits and actions of
every name and description which may be brought against City in connection with this Agreement,as required
above,whether performed by Firm(s),or persons employed or utilized by Firm(s).
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted
under the laws of the State of Florida, including without limitation and interpretation, which conforms to the
limitations of§725.06 and/or§725.08,Fla. Statutes,as amended and as applicable.
The Firn(s)agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Firm(s) in which the City participated either through review or
concurrence of the Firm(s)' actions. In reviewing, approving or rejecting any submissions by the Firm(s) or
other acts of the Firm(s),the City in no way assumes or shares any responsibility or liability of the Firn(s)or
Sub-Firm(s),under this Agreement.
Ten dollars($10)of the payments made by the City constitute separate,distinct,and independent consideration
for the granting of this Indemnification,the receipt and sufficiency of which is acknowledged by the Finn(s).
XVII.CONFLICT OF INTEREST
17.1 The Firm(s) covenants that no person under its employ who presently exercises any functions or
responsibilities on behalf of the City in connection with this Agreement has any personal financial interests,
direct or indirect,with the Firm(s). The Firm(s)further covenants that,in the performance of the Agreement,
no person having such conflicting interest shall be employed. Any such interest on the part of the Finn(s)or its
employees must be disclosed in writing to the City.
17.2 The Finn(s) is aware of the conflict of interest laws of the City, Miami City Code §2-61 I, Miami-Dade
County, Florida, Miami-Dade County Code §2-11.1; and the State of Florida, Chapter 112, Part III, Florida
Statutes,as amended,and agrees that it shall fully comply in all respects with the terms of said laws.
XVIII. INDEPENDENT FIRM(S)
The Firm(s), its employees, agents or representatives, shall be deemed to be independent Firm(s)s and not
agents or employees of the City and shall not attain any rights or benefits under the civil service or pension
ordinances of the City, or any rights generally afforded classified or unclassified employees. Firm(s), its
employees, agents or representatives, shall not be entitled to Florida Workers' Compensation benefits as an
employee of the City.
XIX.FIRM(S)'PERSONNEL
The Firm(s)agrees that the personnel identified on Exhibit"D"of this Agreement will be those individuals that
are assigned to the Project,and that the assignment of such individuals is a material term of this Agreement.
Firm(s)agrees to promptly notify the City in writing of the identity of any individuals that it desires to assign to
perform the Services as a replacement for,or in addition to the individuals named and listed in the Proposal.The
Page 337 of 451
Firm(s)shall require the designated manager to remain in charge and available during scheduled activities.
The Firm(s)manager must be available to take telephone calls during scheduled activities.
XX.INSURANCE
Within ten(10)days after receipt of the Notice to Proceed,the Firm(s)shall famish Evidence of Insurance to
the Purchasing Department,if applicable. Submitted evidence of coverage shall demonstrate strict compliance
to all requirements listed on the Special Conditions entitled"Insurance Requirements."The City shall be listed
as an"Additional Insured."Issuance ofa Purchase Order is contingent upon the receipt of proper insurance
documents. If the insurance certificate is received within the specified time frame but not in the manner
prescribed in this Agreement the Firm(s)shall be notified in writing of such deficiency and shall have an
additional five(5)calendar days to submit a corrected certificate to the City.Ifthe Firm(s)fails to submit the
required insurance documents in the manner prescribed in this Agreement within fifteen(15)calendar days
after receipt Notice to Proceed,the Firm(s)shall be in default of the contractual terms and conditions and shall
not be awarded the contract.The Finn(s)shall furnish to the City of Miami do Risk Management,444 SW 2
Avenue,9 Floor, Miami FL,33130,Certificate(s)of Insurance which indicate that insurance coverage has
been obtained which meet the requirements as outlined below:
I.Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami included as an additional insured
Contingent Liability&Contractual Liability
Primary Insurance Clause
Premises&Operations Liability
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non-Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
Page 338 of 451
A. Limits of Liability
Statutory-State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$500,000 for bodily injury caused by an accident,each accident.
$500,000 for bodily injury caused by disease,each employee
$500,000 for bodily injury caused by disease,policy limit
IV. Excess Liability(Excess Follow Form)
A. Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
City of Miami listed as an additional insured
V. Professional Liability/Error's&Omissions
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Claim $1,000,000
Aggregate $1,000,000
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not less than(30)days prior to any such cancellation or material change,or in
accordance to policy provisions.
Companies authorized to do business in the State of Florida,with the following qualifications,shall issue all
insurance policies required above:
The company must be rated no less than"A-"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.All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
XXI.TERMINATION
The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice
to the Firm(s)effective the date specified in the notice should any one of the following apply:
21.1.The Firm(s)is determined by the City to be in breach of any of the terms and conditions of the Agreement
and such breach is not cured within thirty(30)days of receipt of written notice thereof(or if such default is of
the type that it cannot reasonably be cured within such thirty (30) day period, so long as the Firm(s) has
diligently commenced to cure such default,such additional period of time required to cure such default not to
exceed an additional thirty(30)days)or of any other Agreement the Firm(s)has with a Florida public agency
beyond any applicable notice and cure period;
Page 339 of 451
21.2.The City Manager has determined that such termination will be in the best interest of the City to terminate
the Agreement for its own convenience;
21.3.Funds are not available or allocated to cover the cost of the goods and/or services reduction of funds or a
change in applicable laws or regulations.The City's obligation is contingent upon the availability and allocation
of appropriate funds and applicable regulations.
21.4.The Firm(s)is debarred by the City or by another Florida public agency.
21.5 In the event of a Termination by the City the Firm(s)shall have no recourse against the City other than
payment of fees due the Firm(s)prior to the effective date of Cancellation.Neither the City nor the Firm(s)will
be liable for lost profits,direct,indirect,special or other damages or for claims for loss of business,business or
contract relations or any other claims or actions other than payment of fees due under the Agreement throughout
the date of termination.
XXII.NONDISCRIMINATION
The Firm(s)agrees as indicated in the RFP(Section 1.54,Nondiscrimination)that it shall not discriminate as to
race,color,creed,national origin, religion,age or disability in connection with its performance hereunder.
XXIII. DEFAULT
If the Firm(s) fails to comply with the terms and conditions of this Agreement,or fails to perform hereunder
beyond any applicable notice and cure period, or files for bankruptcy or provides assignment or transfer to
creditors,then the City,at its sole option upon written notice,may cancel and terminate this Agreement,and all
payments,advances,or other compensation paid to the Firm(s).
XXIV. FORCE MAJEURE
Neither party shall be liable for failure or delay in performing obligations set forth in this Agreement, and
neither party shall be deemed in breach of its obligations, if such failure to delay is due to national disasters,
strike, lock-out,or other industrial or transportation disturbances, law, regulation or ordinance,or any causes
reasonably beyond the control of such party.
XXV.APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of
Florida. Venue shall be in Miami-Dade County,Florida. Each party shall bear its own attorney's fees(except
if the City must bring a claim to enforce the provisions of Article XIII, Indemnification against the Firm(s).)
The parties knowingly, voluntarily and consensually waive the right to a jury trial or to file permissive
counterclaims in any dispute between them arising out of this Agreement.
XXVI.AUDIT AND INSPECTIONS
The Firm(s)shall maintain all project records as requested by the City. All project records prepared by the
Firm(s)shall be owned by the City and shall be made available to the City at no additional charge. The Firm(s)
shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work
performed for the City under this Agreement on file for at least four years following the date of final payment to
the Firm(s) by the City. The above records retention requirement shall include daily driver logs, medical
Page 340 of 451
examinations,as well as all other books,records,and documents,as applicable and maintained by the Firm(s)in
accordance with its normal business practices. Any duly authorized representative of the City shall have
access to such records for the purpose of inspection,audit,and copying at reasonable times during the Firm(s)'s
usual and customary business hours and upon reasonable prior notice. The Firm(s) shall report in-service
hours to the City within twenty-four hours of a written request,unless otherwise specified.
The Firm(s)will develop annual financial reports with respect to the services performed under this Agreement
for distribution to the City.
At any time during normal business hours,upon reasonable prior written notice,and as often as the City may
deem necessary, there shall be made available to the City and/or representatives of the City to audit,examine,
and make audits of all contracts, invoices,materials,payrolls,records of personnel,conditions of employment
and other data relating to all matters related to this Agreement. It is further understood that all records and
supporting documents pertaining to this Agreement shall be maintained for a minimum period of four years.
The retention and access period starts from the date of the submission of the annual performance and evaluation
report in which the specific activity is reported for the final time. The Finn(s)must request approval from the
City before disposing of any records under this Agreement prior to the expiration of such four(4)year period.
If any litigation, claim, negotiation, audit or other action involving the records has been started before the
expiration of the four year period,the records must be retained until completion of the action and resolution of
all issues which arise from it or until the end of the four year period, whichever is later. The Firm(s) must
maintain records necessary to document compliance with the provisions of the Agreement. The Firm(s)
acknowledges that additionally the City has the audit and inspection rights set forth in§ 18-100 to§18-102,City
Code,as amended.
XXVII.ENTIRE AGREEMENT
This Agreement and its attachments and exhibits constitute the sole and only Agreement of the parties and
accurately set forth the rights,duties,and obligations of each to the other. Any prior Agreements, promises,
negotiations,or representations not expressly set forth in this Agreement are of no force and effect.
XXVIII.AMENDMENT
No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties.
XXIX.MISCELLANEOUS
29.0 Captions,title and paragraph headings are for convenient reference and are not a part of this Agreement.
Such captions,title or paragraph headings shall not be deemed in any manner to modify, explain, enlarge or
restrict any of the provisions contained in this Agreement.
29.1 Subject to the provision of Article Ill,in the event of conflict between the terms of this Agreement and any
terms or conditions in any attached document;the terms in this Agreement shall prevail.
29.2 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach
of the same or any other provision hereof,and no waiver shall be effective unless made in writing.
29.3 Should any provisions,paragraph,sentence,work or phrase contained in this Agreement be determined by
a court of competent jurisdiction to be invalid,illegal or otherwise unenforceable under the laws of the State of
Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed
Page 341 of 451
modified to the extent necessary in order to conform with such laws(provided there is no adverse effect to the
Firm(s)),or if not modifiable to conform with such laws, then same shall be deemed severable,and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and
effect.
29.4 Further Assurances.All parties hereto upon the written request of any other party shall execute such further
instruments or documents as may be reasonably required by the requesting party to implement the terms,
conditions and provisions of this Agreement.
29.5 Third Party Beneficiary. Firm(s) and the City agree that it is not intended that any provision of this
Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by
any third party under this Agreement.
29.6 Performance Evaluations. The City conducts performance evaluations during and after completion of
agreements with the Firm(s), which are used as a basis for the awarding of future work as well advising the
Firm(s)of its performance.
29.7 Discretion of the Director.Any matter not expressly provided for herein or in the Agreement Documents,
Proposal or RFP dealing with the City or decisions of the City shall be within the exercise of the reasonable
professional discretion of the Director or the Director's authorized designee.
29.8 Public Records. Firm shall comply with the provisions of Section 119.0701, Florida Statutes.
Firm(s)has been procured and is being engaged to provide Services to the City as an independent Firm(s),and
not as an agent or employee of the City. Accordingly,Firm(s)shall not attain,nor be entitled to,any rights or
benefits under the Civil Service or Pension Ordinances of the City,nor any rights generally afforded classified
or unclassified employees. Firm(s)further understands that Florida Workers'Compensation benefits available
to employees of the City are not available to Firm(s),and agrees to provide workers' compensation insurance
for any employee or agent of Firm(s)rendering services to the City under this Agreement.
Page 342 of 451
IN WITNESS WHEREOF, the parries hereto have caused this instrument to be executed by the respective
officials thereunto duly authorized,this the day and year first above written.
CITY OF MIAMI,a municipal
Corporation of the State of Florida
sem„ i i
To
Todd Hannon )aniel J.-C, so
City Clerk City Manage--
(SEAL)
Approv-d as to Ins t. Apt ived l o Legal '•nn: ei
Cary' Ellis V f;ria M=ndez -�
Ris anage nt Di ctor City Attorney 4°
VAN WAGNER MIAMI,L/IQ
CL_1 Ch
Signature
Attest:
rC �� `J t?tcl ord A. Slvardw
o
Stl,vt p Firm Representative
O Qct-tw6nI- R .A E,1k 4. t
Firm Representative's Title
(Must be Authorized Corporate Officer)
Corporate
(SEAL)
(Corporate Secretary)
Page 343 of 451
���OVAgAAAAAAt
°FV, 4
`lo City of Miami
9 /11*
* Request for Proposals
III
IMCO18 96CTF0 _�
,
° (RFP)
9� F1
C0 cfr -
Purchasing Department
Miami Riverside Center
444 SW 2^a Avenue,6th Floor
Miami,Florida 33130
Web Site Address'.htlp//ci.miaml.O.us/procurement
RFP Number: 272271,9
Title: Request for Proposals for Advertisement
Programs
Issue Date/Time: 03-FEB-2012
RFP Closing Date/Time: 02/15/2012 @ 13:00:00
Pre-Bid Conference: None
Pre-Bid Date/Time:
Pre-Bid Location:
Deadline for Request for Clarification: Friday, August 26, 2011, at 5:00 p.m.
Buyer: Suarez,Maritza
Hard Copy Submittal Location: City of Miami-City Clerk
3500 Pan American Drive
Miami FL 33133 US
Buyer E-Mail Address: msuarez@miamigov.com
Buyer Facsimile: (305)400-5025
Page 344 of 451 Page 1 of 41
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of ISO days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
famish and deliver, F.O.B.DESTINATION,the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We(I)certify that any and all information contained in this submission is true; and we(I)further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service,and is in all respects fair and without collusion or fraud. We(I)agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS:
PHONE: FAX:
EMAIL: BEEPER:
SIGNED BY:
TITLE: DATE:
FAIL URF TO COMPI FTF SIGN.AND RETURN THIS FORM SHAT I DISOUAI IFY THIS BID
Page 345 of 451 Page 2 of 41
Certifications
Legal Name of Firm:
Entity Type:Partnership, Sole Proprietorship,Corporation,etc.
Year Established:
Office Location: City of Miami,Miami-Dade County,or Other
Occupational License Number(a copy must be provided with your proposal submission):
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that(s)he has read and understood the provisions of City of Miami Ordinance No.
10032(Section 18-105 of the City Code)pertaining to the implementation of a`First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City?(Yes or No)
In the event your answer to question above is yes,how many new positions would you create to
perform this work?
Please list the title,rate of pay,summary of duties,number of positions,and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s)be used?(Yes or No)
Page 346 of 451 Page 3 of 41
Line: 1
Description: Disregard this line item.Please refer to the Submission Requirements,Section 7)
Revenue to the City
Category:95300-00
Unit of Measure: Dollar
Unit Price: $ Number of Units: I Total: S
Page 347 of 451 Page 4 of 41
Request for Proposals(RFP)272271,9
Table of Contents
Terms and Conditions 6
I.General Conditions .. . . . . . . . ..... . . ... .. . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . .. . .. . . . .. . 6
LI.GENERAL TERMS AND CONDITIONS 6
2.Special Conditions ... 27
2.1.PURPOSE 27
2.2.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3.TERM OF CONTRACT 27
2.4.CONDITIONS FOR RENEWAL 27
2.5.NON-APPROPRIATION OF FUNDS 27
2.6.PROPOSER'S MINIMUM QUALIFICATIONS 27
CONTRACT EXECUTION 28
2.8.FAILURE TO PERFORM 28
2.9.INSURANCE REQUIREMENTS 28
2.10.CONTRACT ADMINISTRATOR 30
2.11.SUBCONTRACTOR(S)OR SUBCONSULTANT(S) 30
2.12.SPECIFICATION EXCEPTIONS 31
2.13.TERMINATION 31
2.14.ADDITIONAL TERMS AND CONDITIONS 31
2.15.PRIMARY CLIENT(FIRST PRIORITY) 32
2.16. UNAUTHORIZED WORK 32
2.17.CHANGES/ALTERATIONS 32
2.18.COMPENSATION PROPOSAL 32
2.19.EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 32
2.20.ADDITIONAL SERVICES 33
2.21.RECORDS 33
2.22.TRUTH IN NEGOTIATION CERTIFICATE 33
2.23.PRE-BID/PRE-PROPOSAL CONFERENCE 34
3.Specifications 35
3.1. SPECIFICATIONS/SCOPE OF WORK 35
4. Submission Requirements 39
4.1.SUBMISSION REQUIREMENTS 39
5.Evaluation Criteria 41
5.1.EVALUATION CRITERIA 41
Page 5 of41
Page 348 of 451
Request for Proposals(RFP)272271,9
Terms and Conditions
1.General Conditions
1.1.GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition ofgoods/equipment/services
with an estimated aggregate cost of$25,000.00 or more.
Definition:A formal solicitation is defined as issuance of an Invitation for Bids,Request for Proposals,Request for
Qualifications,or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law,as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1.ACCEPTANCE OF GOODS OR EQUIPMENT-Any good(s)or equipment delivered under this formal
solicitation,if applicable,shall remain the property of the seller until a physical inspection and actual usage of the
good is made,and thereafter is accepted as satisfactory to the City. It must comply with the terns herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications,the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractors expense.
1.2.ACCEPTANCE OF OFFER-The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer;such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3.ACCEPTANCE/REJECTION-The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re-issuance on the goods/services described in the formal solicitation. In the
event of such rejection,the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions ofa contract,to deliver on time
contracts of a similar nature,and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may,at its discretion,re-issue this formal solicitation.
1.4.ADDENDA-It is the bidder's/proposer's responsibility to ensure receipt of all Addenda.Addenda are available
at the City's website at:http://www.ci.miami.fl.us/procurement
1.5.ALTERNATE RESPONSES MAY BE CONSIDERED-The City may consider one(I)alternate response
from the same Bidder/Proposer for the same formal solicitation;provided,that the alternate response offers a
different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an
alternate response,the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate
Response". Alternate response shall be placed in the same response.This provision only applies to formal
solicitations for the procurement of goods,services,items,equipment,materials,and/or supplies.
1.6.ASSIGNMENT-Contractor agrees not to subcontract,assign,transfer,convey,sublet,or otherwise dispose of
the resulting Contract,or any or all of its right,title or interest herein,without City of Miami's prior written consent.
1.7.ATTORNEY'S FEES-In connection with any litigation,mediation and arbitration arising out of this Contract,
the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including
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appellate litigation and any post-judgment proceedings.
1.8.AUDIT RIGHTS AND RECORDS RETENTION-The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the City,or to any of its duly authorized representatives,to any books,documents,papers,
and records of Contractor which are directly pertinent to this formal solicitation,for the purpose of audit,
examination,excerpts,and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
the books,documents,papers and records pertinent to the Contract for three(3)years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
1.9.AVAILABILITY OF CONTRACT STATE-WIDE-Any Governmental,not-for-profit or
quasi-governmental entity in the State of Florida,may avail itself of this contract and purchase any and all
goods/services,specified herein from the successful bidder(s)/proposer(s)at the contract price(s)established herein,
when permissible by federal,state,and local laws,rules,and regulations.
Each Governmental,not-for-profit or quasi-governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement,place its own orders,issue its own purchase orders,
be invoiced there from and make its own payments,determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10.AWARD OF CONTRACT:
A.The Formal Solicitation,Bidder's/Proposer's response,any addenda issued, and the purchase order shall
constitute the entire contract,unless modified in accordance with any ensuing contract/agreement,amendment or
addenda.
B.The award ofa contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087,Preference to Businesses with
Drug-Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications.Bidder/Proposer shall he in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements,the City,through action taken by the Purchasing
Department,will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive,responsible Bidder or Proposal most advantageous to the City or re-solicit the City's
requirements. The City,at its sole discretion,may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty,if applicable,as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order,notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty(120)calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited,evaluated,and/or awarded. If the right is exercised,the City shall notify the
Bidder/Proposer,in writing,of its intent to extend the contract at the same price,terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty(120)day extension may occur,if,the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City,the contract term shall conclude upon
completion of the expressed or implied warranty periods.
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G. The City reserves the right to award the contract on a split-order,lump sum or individual-item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP,RFQ,or RFLI,the City reserves the
right to execute or not execute,as applicable,an Agreement with the Proposer,whichever is determined to be in the
City's best interests. Such agreement will be furnished by the City,will contain certain terms as are in the City's
best interests,and will be subject to approval as to legal form by the City Attorney.
1.11.BID BOND/BID SECURITY-A cashier's or certified check,or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida,payable to the City of Miami,for the amount bid is
required from all bidders/proposers,if so indicated under the Special Conditions. This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement,as bid'proposed,if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award.The City reserves the right to reject any and all
surety tendered to the City. Bid deposits arc returned to unsuccessful bidders/proposers within ten(10)days after
the award and successful bidder's/proposer's acceptance of award.If sixty(60)days have passed after the date of the
formal solicitation closing date,and no contract has been awarded,all bid deposits will be returned on demand.
1.12.RESPONSE FORM(HARDCOPY FORMAT)-All forms should be completed,signed and submitted
accordingly.
1.13.BID SECURITY FORFEITED LIQUIDATED DAMAGES-Failure to execute an Agreement and/or file
an acceptable Performance Bond,when required,as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City,which forfeiture shall be considered,not as a penalty,but in
mitigation of damages sustained. Award may then be made to the next lowest responsive,responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14.BRAND NAMES-If and wherever in the specifications brand names,makes,models,names of any
manufacturers,trade names,or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type,function,minimum standard of design,efficiency,grade or quality of goods only. When the City does not
wish to rule out other competitors'brands or makes,the phrase"OR EQUAL"is added. When bidding/proposing an
approved equal,Bidders/Proposcrs will submit,with their response,complete sets of necessary data(factory
information sheets,specifications,brochures,etc.)in order for the City to evaluate and determine the equality of the
item(s)bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified,evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested,such samples must be received by the City no later than seven (7)calendar days after
a formal request is made.
1.15.CANCELLATION-The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event ofbid/proposal cancellation,the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16.CAPITAL EXPENDITURES-Contractor understands that any capital expenditures that the firm makes,or
prepares to make,in order to deliver/perform the goods/services required by the City,is a business risk which the
contractor must assume. The City will not be obligated to reimburse amortized orunamortized capital expenditures.
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services,it shall not have any claim upon the City.
1.17.CITY NOT LIABLE FOR DELAYS-It is further expressly agreed that in no event shall the City be liable
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for,or responsible to,the Bidder/Proposer/Consultant,any sub-contractor/sub-consultant,or to any other person for,
or on account of,any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18.COLLUSION—Bidder/Proposcr,by submitting a response,certifies that its response is made without
previous understanding,agreement or connection either with any person,firm or corporation submitting a response
for the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certi lies that its response is fair,without control,collusion,fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws.The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred.
1.19.COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS-Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations,including laws pertaining
to public records,conflict of interest,records keeping,etc. City and Contractor agree to comply with and observe all
applicable laws,codes and ordinances as that may in any way affect the goods or equipment offered,including but
not limited to:
A. Executive Order 11246,which prohibits discrimination against any employee,applicant,or client because of
race,creed,color,national origin,sex,or age with regard to,but not limited to,the following: employment
practices,rate of pay or other compensation methods,and training selection.
B. Occupational,Safety and Health Act(OSHA),as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.!33(3)(A)on Public Entity Crimes.
D. Environment Protection Agency(EPA),as applicable to this Formal Solicitation.
E. Uniform Commercial Code(Florida Statutes,Chapter 672).
F. Americans with Disabilities Act of 1990,as amended.
G. National Institute of Occupational Safety Hazards(NIOSH),as applicable to this Formal Solicitation.
H. National Forest Products Association(NFPA),as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18,Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence,City Code Section 18-74.
I.. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement,City Ordinance No. 10032,as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents;requires as a condition
precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local,state,and federal directives,orders,and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20.CONE OF SILENCE- Pursuant to Section 18-74 of the City of Miami Code,a"Cone of Silence"is imposed
upon each RFP,REQ,RFLI,or IFB after advertisement and terminates at the time the City Manager issues a written
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recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than$200,000. The Cone of
Silence prohibits any communication regarding RFPs,RFQs,REM or IFBs(bids)between,among others:
Potential vendors,service providers,bidders,lobbyists or consultants and the City's professional staff including,but
not limited to,the City Manager and the City Manager's staff;the Mayor,City Commissioners,or their respective
staffs and any member of the respective selection/evaluation committee.
The provision does not apply to,among other communications:
oral communications with the City purchasing staff,provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document;the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections,pre-proposal or pre-bid conferences,oral
presentations before selection/evaluation committees,contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting;or
communications in writing or by email at any time with any City employee,official or member of the City
Commission unless specifically prohibited by the applicable REP,RFQ,RFLI or IFB(bid)documents (See Section
2.2.of the Special Conditions);or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP,RFQ,RELI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk,which shall be made available to any person upon request.Written communications may be in the
form of e-mail,with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law,violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder,Proposer,Offeror.Respondent,lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission.Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence.Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence.You may contact the City Clerk at
305-250-5360,to obtain a copy of same.
1.21.CONFIDENTIALITY-As a political subdivision,the City of Miami is subject to the Florida Sunshine Act
and Public Records Law.If this Contract/Agreement contains a confidentiality provision,it shall have no application
when disclosure is required by Florida law or upon court order.
1.22.CONFLICT OF INTEREST-Bidders/Proposers,by responding to this Formal Solicitation,certify that to
the best of their knowledge or belief,no elected/appointed official or employee of the City of Miami is financially
interested,directly or indirectly,in the purchase of goods'services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further,you
must disclose the name of any City employee who owns,directly or indirectly,an interest of five percent(5%)or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge,property or resource which may
be within his/her/its trust,or perform his/her/its duties,to secure a special privilege,benefit,or exemption for
himsdfherself/itself,or others.Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/hedits position,except for information relating exclusively to
governmental practices,for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
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or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City,and has not appeared in representation of any third party before any
board,commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related,specifically the spouse,son,daughter,parent,brother or sister,to:(i)any member of the commission;
(ii)the mayor;(iii)any city employee;or(iv)any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City,imposition of the maximum fine and/or any penalties allowed by law.
Additionally,violations may be considered by and subject to action by the Miami-Dade County Commission on
Ethics.
1.23.COPYRIGHT OR PATENT RIGHTS-Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing,producing,or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation,and bidders/proposers agree to hold the City harmless from any and
all liability,loss,or expense occasioned by any such violation.
1.24.COST INCURRED BY BIDDER/PROPOSER-All expenses involved with the preparation and submission
of Responses to the City,or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25.DEBARMENT AND SUSPENSIONS(Sec 18-107)
(a)Authority and requirement to debar and suspend.After reasonable notice to an actual or prospective Contractual
Party,and after reasonable opportunity for such party to be heard,the City Manager,after consultation with the
Chief Procurement Officer and the city attorney,shall have the authority to debar a Contractual Party,for the causes
listed below,from consideration for award of city Contracts.The debarment shall be for a period of not fewer than
three years.The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment,pending the debarment determination.The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager,the city attorney,and the City Commission.
(b) Causes for debarment or suspension.Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract,or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement,theft,forgery,bribery,falsification or
destruction of records,receiving stolen property,or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions,which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility.Such violation may include failure without good cause to perform in
accordance with the terms and conditions ofa Contract or to perform within the time limits provided in a
Contract,provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal,state or other governmental
entity.
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(6) False certification pursuant to paragraph(c)below.
(7) Found in violation ofa zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c)Certification.All Contracts for goods and services,sales,and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph(b)(5).
(d)Debarment and suspension decisions. Subject to the provisions of paragraph(a),the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party,along with a notice of said party's right to seek judicial relief.
1.26.DEBARRED/SUSPENDED VENDORS-An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity,may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work,may not submit response on leases of real property to a public entity,may not award or perform
work as a contractor,supplier,subcontractor,or consultant under contract with any public entity,and may not
transact business with any public entity.
1.27.DEFAULT/FAILURE TO PERFORM-The City shall be the sole judge of nonperformance,which shall
include any failure on the part of the successful Bidder/Proposer to accept the award,to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement,the City will notify the
Bidder/Proposer of the default and will provide the contractor three(3)days(weekends and holidays excluded)to
remedy the default.Failure on the contractor's pad to correct the default within the required three(3)days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination.The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors,entities and personnel as identified and set forth,and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent,being declared bankrupt,or committing any act of bankruptcy or insolvency,Or making an
assignment for the benefit of creditors,if the insolvency,bankruptcy,or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
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All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work,shall be deducted from any monies due or which may become due on
this Contract.
1.28.DETERMINATION OF RESPONSIVENESS-Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation.A'responsive"response is one which
follows the requirements of the formal solicitation, includes all documentation,is submitted in the format outlined in
the formal solicitation,is of timely submission,and has appropriate signatures as required on each document.Failure
to comply with these requirements may deem a Response non-responsive.
1.29.DISCOUNTS OFFERED DURING TERM OF CONTRACT-Discount Prices offered in the response
shall be fixed after the award by the Commission,unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30.DISCREPANCIES,ERRORS,AND OMISSIONS-Any discrepancies,errors,or ambiguities in the Formal
Solicitation or addenda(if any)should be reported in writing to the City's Purchasing Department. Should it be
found necessary,a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement(contract documents). The City will not be responsible for any oral instructions,clarifications,
or other communications.
A.Order of Precedence—Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents,the first of such list being the governing documents.
1)Addenda(as applicable)
2)Specifications
3)Special Conditions
4)General Terms and Conditions
1.31.EMERGENCY/DISASTER PERFORMANCE- In the event of a hurricane or other emergency or disaster
situation,the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further,successful vendor shall deliver/perfomt
for the city on a priority basis during such times of emergency.
1.32.ENTIRE BID CONTRACT OR AGREEMENT-The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section,Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs,RFQs,and RFLIs,and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations,understanding and representations,if any,made by and between the parties.To the
extent that the agreement conflicts with,modifies,alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response,the Formal Solicitation and then the Response shall control.This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33.ESTIMATED QUANTITIES—Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation.
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1.34.EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
I) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples,certificates,licenses as required;and,
6) Response was not executed by the Bidder's/Proposer(s)authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and
re-advertise for all or any pan of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract,or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
I) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity;and,have sufficient financial, material,equipment,facility,
personnel resources, and expertise to meet all contractual requirements. The terms"equipment and organization"as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial,technical and other qualifications and
abilities of a Bidder/Proposer,including past performance(experience)with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s)to show proof that they have been designated as an authorized
representative ofa manufacturer or supplier which is the actual source of supply,if required by the Formal
Solicitation.
1.35.EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS-
Exceptions to the specifications shall be listed on the Response and shall reference the section.Any exceptions to
the General or Special Conditions shall be cause for the bid(IFB)to be considered non-responsive. It also may be
cause for a RFP, RFQ,or RFLI to be considered non-responsive;and,if exceptions are taken to the gems and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36.F.O.B.DESTINATION-Unless otherwise specified in the Formal Solicitation,all prices quoted/proposed by
the bidder/proposer must be F.O.B.DESTINATION,inside delivery,with all delivery costs and charges included in
the bid/proposal price,unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
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rejection of bid/proposal.
1.37.FIRM PRICES-The bidder/proposer warrants that prices,terms,and conditions quoted in its response will
be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of performance or resulting purchase orders or contracts,which are to be performed
or supplied over a period of time.
1.38.FIRST-SOURCE HIRING AGREEMENT(Sec.18-105)
(a) The Commission approves implementation of the first-source hiring agreement policy and requires as a
condition precedent to the execution of service contracts for facilities.services,and/or receipt of grants and loans.
for projects of a nature that create new jobs,the successful negotiation of first-source hiring agreements between the
organization or individual receiving said contract and the authorized representative unless such an agreement is
found infeasible by the city manager and such finding approved by the City Commission at a public hearing.
(b) For the purpose of this section,the following terms,phrases,words and their derivations shall have the
following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment and
Training Consortium,or its successor as local recipient of federal and state training and employment funds.
Facilities means all publicly financed projects,including but without limitation,unified development projects,
municipal public works,and municipal improvements to the extent they are financed through public money services
or the use of publicly owned property.
Grants and loans means,without limitation,urban development action grants(UDAG),economic development
agency construction loans,loans from Miami Capital Development,Incorporated,and all federal and state grants
administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional services.
Services includes,without limitation,public works improvements,facilities,professional services,commodities,
supplies,materials and equipment.
(e) The authorized representative shall negotiate each first-source hiring agreement.
(d) The primary beneficiaries of the first-source hiring agreement shall be participants of the city training and
employment programs,and other residents of the city.
1.39.FLORIDA MINIMUM WAGE-The Constitution of the State of Florida,Article X,Section 24,states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractor(s)responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate,which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban wage camers and
clerical workers,CPI-W,or a successor index as calculated by the United States Department of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January 1st.
At the time of responding,it is bidder/proposer and his/her subcontractor(s),if applicable,full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted,bidder/proposer must furnish employee name(s),job title(s),job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
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right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s)determination.
1.40.GOVERNING LAW AND VENUE-The validity and effect of this Contract shall be governed by the laws
of the State of Florida.The parties agree that any action, mediation or arbitration arising out of this Contract shall
take place in Miami-Dade County,Florida.
1.41.HEADINGS AND TERMS-The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying,amending or affecting in any way
the expressed terms and provisions hereof.
1.42.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT(HIPPA)-Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information(11111)and/or Protected Health Information(PHI)shall comply with the
Health Insurance Portability and Accountability Act(HIPAA)of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy,security and electronic transfer standards,which include but arc not limited to:
A.Use of information only for performing services required by the contract or as required by law;
B.Use of appropriate safeguards to prevent non-permitted disclosures;
C.Reporting to the City of Miami of any non-permitted use or disclosure;
D.Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E.Making Protected Health Information(PHI)available to the customer;
F.Making PHI available to the customer for review and amendment;and incorporating any amendments requested
by the customer;
G.Making PHI available to the City of Miami for an accounting of disclosures;and
H.Making internal practices,books and records related to PHI available to the City of Miami for compliance audits.
PIU shall maintain its protected status regardless of the form and method of transmission(paper records,and/or
electronic transfer of data).The Bidder/Proposer must give its customers written notice of its privacy information
practices including specifically,a description of the types of uses and disclosures that would be made with protected
health information.
1.43. INDEMNIFICATION-Contractor shall indemnity,hold harmless and defend the City, its officials,
officers,agents,directors,and employees,from liabilities,damages,losses,and costs,including,but not limited to
reasonable attorney's fees,to the extent caused by the negligence,recklessness or intentional wrongful misconduct
of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will
indemnify,hold harmless and defend the City,its officials,officers,agents,directors and employees against,any
civil actions,statutory or similar claims,injuries or damages arising or resulting from the permitted work,even if it
is alleged that the City,its officials and/or employees were negligent,unless such injuries or damages are ultimately
proven to be the result of grossly negligent or willful acts or omissions on the part of the City,its officials and/or
employees..These indemnifications shall survive the term of this Contract. In the event that any action or
proceeding is brought against City by reason of any such claim or demand,Contractor shall,upon written notice
from City,resist and defend such action or proceeding by counsel satisfactory to City.The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by 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 indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
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supplemental or bankruptcy proceeding,or to provide for such defense,at City's option,any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor,or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract.This indemnity will be interpreted under
the laws of the State of Florida,including without limitation and which conforms to the limitations of§725.06
and/or§725.08,Ha.Statues,as amended from time to time as applicable.
Contractor shall require all Sub-Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing,approving or rejecting any submissions by the Contractor or
other acts of the Contractor,the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub-Contractor,under this Agreement.
1.44.INFORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further,as may be specified elsewhere,each
Bidder/Proposer must submit for evaluation,cuts,sketches,descriptive literature,technical specifications,and
Material Safety Data Sheets(MSDS)as required,covering the products offered. Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.45.INSPECTIONS-The City may,at reasonable times during the term hereof,inspect Contractor's facilities and
perform such tests,as the City deems reasonably necessary,to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All tests and inspections shall be subject to,and made in
accordance with,the provisions of the City of Miami Ordinance No. 12271 (Section 18-79),as same may be
amended or supplemented from time to time.
1.46.INSPECTION OF RESPONSE-Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 10 days
after bid closing,whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
fax or e-mail to the Sr.Procurement Specialist issuing the Solicitation.Tabulations also are available on the City's
Web Site following recommendation for award.
1.47.INSURANCE-Within ten(10)days after receipt of Notice of Award,the successful Contractor,shall furnish
Evidence of Insurance to the Purchasing Department,if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled"Insurance
Requirements". The City shall be listed as an"Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five(5)calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen(15)calendar days after receipt Notice of Award,the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator,Department of Risk Management,at 444 SW
2nd Avenue,9th Floor,Miami,Florida 33130,305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with
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this Section remain in effect for the duration of the contractual period;including any and all option terms that may
be granted to the Bidder/Proposer.
1.48.INVOICES-Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e.quantity,unit price,extended price,etc);and in compliance with Chapter 218 of the Florida Statutes(Prompt
Payment Act).
1.49.LOCAL PREFERENCE-City Code Section 18-85,states that the City Commission may offer to a
responsible and responsive bidder/proposer,who maintains a Local Office,the opportunity of accepting a bid at the
low bid amount,if the original bid amount submitted by the local vendor is not more than ten percent(10%)in
excess of the lowest other responsible and responsive bidder/proposer.
1.50.MANUFACTURER'S CERTIFICATION-The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement,for which the
bidder/proposer must bear Poll liability.
1.51.MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS-No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts,if applicable,shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami,Florida through
the issuance of a change order,addendum,amendment,or supplement to the contract,purchase order or award sheet
as appropriate.
1.52.NO PARTNERSHIP OR JOINT VENTURE-Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor,or to create any other
similar relationship between the parties.
1.53.NONCONFORMANCE TO CONTRACT CONDITIONS-Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119,Florida Statutes.
Items delivered not conforming to specifications maybe rejected and returned at Bidder's/Proposer's expense.
These non-conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re-procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.54.NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race,sex,color,age,
religion,national origin,marital status,or disability in connection with its performance under this formal
solicitation.Furthermore,Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race,sex,color,age,religion,national origin,marital status or disability be excluded from the participation
in,be denied benefits of,or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business,including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race,color,religion,disability,age,sex,
marital status or national origin.All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.55.NON-EXCLUSIVE CONTRACT/PIGGYBACK PROVISION -At such times as may serve its best
interest,the City of Miami reserves the right to advertise for,receive,and award additional contracts for these herein
goods and/or services,and to make use of other competitively bid(governmental)contracts,agreements,or other
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similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s)to receive all orders that maybe generated by the City in conjunction with this
Formal Solicitation.
In addition,any and all commodities,equipment,and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation,unless such purchases are determined to be in the best
interest of the City.
1.56.OCCUPATIONAL LICENSE—Any person,firm.corporation or joint venture,with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1,Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response;however,the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period,but prior to award.
1.57.ONE PROPOSAL—Only one(l)Response from an individual,firm,partnership,corporation or joint venture
will be considered in response to this Formal Solicitation. When submitting an alternate response,please refer to the
herein condition for"Alternate Responses May Be Considered".
1.58.OWNERSHIP OF DOCUMENTS—It is understood by and between the parties that any documents,records,
files,or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.59.PARTIAL INVALIDITY—If any provision of this Contractor the application thereof to any person or
circumstance shall to any extent be held invalid,then the remainder of this Contractor the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby,and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.60.PERFORMANCE/PAYMENT BOND—A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract,in an amount equal to one hundred percent(100%)of the contract
price.
1.61.PREPARATION OF RESPONSES(HARDCOPY FORMAT)—Bidders/Proposers are expected to
examine the specifications,required delivery,drawings,and all special and general conditions. All bid/proposed
amounts,if required,shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer,address,and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry,as required.
B. If so required,the unit price for each unit offered shall be shown,and such price shall include packaging,
handling and shipping,and F.O.B.Miami delivery inside City premises unless otherwise specified.Bidder/Proposer
shall include in the response all taxes,insurance,social security,workmen's compensation,and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable,a unit price shall be entered in the"Unit
Price"column for each item. Based upon estimated quantity,an extended price shall be entered in the"Extended
Price"column for each item offered. In case of a discrepancy between the unit price and extended price,the unit
price will be presumed correct.
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C. The Bidder/Proposer must state a definite time,if required,in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses,as described,must be Polly completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or fine by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award ofa contract,the content of the Successful
Bidder's/Proposcr's response may be included as part of the contract,at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT,THE ORIGINAL AND THREE(3)COPIES OF THESE SETS OF FORMS,UNLESS
OTHERWISE SPECIFIED,AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.62.PRICE ADJUSTMENTS—Any price decrease effectuated during the contract period either by reason of
market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.63.PRODUCT SUBSTITUTES-In the event a particular awarded and approved manufacturers product
becomes unavailable during the term ofthe Contract,the Contractor awarded that item may arrange with the City's
authorized representative(s)to supply a substitute product at the awarded price or lower,provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.64.CONFLICT OF INTEREST,AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS-
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay,paid,or agreed to pay any person any
fee,commission.percentage,brokerage fee,or gift of any kind contingent upon or in connection with,the award of
this Contract.
1.65.PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment;however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered,the Bidder/Proposer must enter zero(0)for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage,it is understood and
agreed that the terms shall be 2%20 days,effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount,the period of computation will commence on the date of delivery,or
receipt ofa correctly completed invoice,whichever is later. If an adjustment in payment is necessary due to
damage,the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part ofthe contract,but the invoice does not re0ect the existence ofa cash discount,the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts offthe original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.66.PROPERTY-Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair,modification,study,etc.,shall remain the property of the City of Miami.
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Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor.In the event that such property is destroyed or declared a total loss,the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property,if any.
1.67.PROVISIONS BINDING-Except as otherwise expressly provided in the resulting Contract,all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs,legal representatives,successors and assigns.
1.68.PUBLIC ENTITY CRIMES-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 response on a contract to provide any goods or
services to a public entity,may not submit a response on a contract with a public entity for the construction or repair
ofa public building or public work,may not submit responses 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 Section
287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.69.PUBLIC RECORDS-Contractor understands that the public shall have access,at all reasonable times,to all
documents and information pertaining to City contracts,subject to the provisions of Chapter 119,Florida Statutes,
and City of Miami Code,Section 18,Article III,and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision
of this section shall result in the immediate cancellation of this Contract by the City.
1.70.QUALITY OF GOODS,MATERIALS,SUPPLIES,PRODUCTS,AND EQUIPMENT-All materials
used in the manufacturing or construction of supplies,materials,or equipment covered by this solicitation shall be
new. The items bid/proposed must be of the latest make or model,of the best quality,and of the highest grade of
workmanship,unless as otherwise specified in this Solicitation.
1.71.QUALITY OF WORK/SERVICES-The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.72.REMEDIES PRIOR TO AWARD(Sec. 18-106)-If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law,then the solicitation or proposed award shall be cancelled by
the City Commission,the City Manager or the Chief Procurement Officer,as may be applicable,or revised to
comply with the law.
1.73.RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a)Authority to resolve Contract disputes.The City Manager,after obtaining the approval of the city attorney.shall
have the authority to resolve controversies between the Contractual Party and the city which arise under,or by virtue
of,a Contract between them;provided that,in cases involving an amount greater than$25,000,the City
Commission must approve the City Manager's decision. Such authority extends,without limitation,to controversies
based upon breach of Contract,mistake,misrepresentation or lack of complete performance,and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b)Contract dispute decisions.Ifa dispute is not resolved by mutual consent,the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive.A copy of the decision shall be immediately provided to the protesting party,along
with a notice of such party's right to seek judicial relief,provided that the protesting party shall not be entitled to
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such judicial relief without first having followed the procedure set forth in this section.
1.74.RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS(Sec. 18-104)
(a) Right to protest.The following procedures shall be used for resolution of protested solicitations and awards
except for purchases of goods,supplies,equipment,and services,the estimated cost of which does not exceed
$25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i.Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may
protest to the Chief Procurement Officer.A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within three days after the Request for Proposals,Request for Qualifications or Request for
Letters of Interest is published in a newspaper of general circulation.A notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer;or
ii.Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer.A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three days after the solicitation is published in a newspaper of general circulation.A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
2.Protest of Award.
i.A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract,which will be
posted on the City of Miami Purchasing Department website,in the Supplier Corner,Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If"various"is indicated in the Recommendation of Award To field,the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall he the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice;or
ii.Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer.A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility.The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S.mail,return receiptrequested.A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii.A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5)days after the date the notice of protest was filed.A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based,and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection(f).This shall form the basis for review of the written protest and no
facts,grounds,documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
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No time will be added to the above limits for service by mail.In computing any period of time prescribed or
allowed by this section,the day of the act,event or default from which the designated period of time begins to tun
shall not be included.The last day of the period so computed shall be included unless it is a Saturday,Sunday or
legal holiday in which event the period shall run until the end of the next day which is neither a Saturday,Sunday or
legal holiday.Intermediate Saturdays,Sundays and legal holidays shall be excluded in the computation of the time
for filing.
(b)Authority to resolve protests.The Chief Procurement Officer shall have the authority,subject to the approval of
the City Manager and the city attorney,to settle and resolve any written protest.The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest.In cases involving more than
$25,000,the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager.
(c)Compliance with filing requirements.Failure ofa party to timely file either the notice of intent to file a protest or
the written protest,together with the required Filing Fee as provided in subsection(0,with the Chief Procurement
Officer within the time provided in subsection(a),above,shall constitute a forfeiture of such party's right to file a
protest pursuant to this section.The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d)Stay of Procurements during protests.Upon receipt ofa written protest filed pursuant to the requirements of this
section,the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection(b)above,unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health,safety or welfare.
(e)Costs.All costs accruing from a protest shall be assumed by the protestor.
(1)Filing Fee.The written protest must be accompanied by a filing fee in the form ofa money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract,or
$5000.00,whichever is less,which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding.Ifa protest is upheld by the Chief Procurement Officer
and/or the City Commission,as applicable,the filing fee shall be refunded to the protestor less any costs assessed
under subsection(e)above.If the protest is denied,the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection(e)above.
1.75.SAMPLES-Samples of items,when required,must be submitted within the time specified at no expense to
the City. IF not destroyed by testing,bidder(s)/proposer(s)will be notified to remove samples,at their expense.
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.76.SELLING,TRANSFERRING OR ASSIGNING RESPONSIBILITIES-Contractor shall not sell,assign.
transferor subcontract at any time during the term of the Contract,or any part of its operations,or assign any portion
of the performance required by this contract,except under and by virtue of written permission granted by the City
through the proper officials,which may be withheld or conditioned,in the City's sole discretion.
1.77.SERVICE AND WARRANTY—When specified,the bidder/proposer shall define all warranty,service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty,if applicable,should be submitted with your
response.
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1.78.SILENCE OF SPECIFICATIONS-The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type,size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida,Department of General Services,to supply the items on
this solicitation,the bidder/proposer shall quote not more than the contract price;failure to comply with this request
will result in disqualification of bid/proposal.
1.79.SUBMISSION AND RECEIPT OF RESPONSES-Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk,City Hall,3500 Pan American
Drive,Miami,Florida 33133-5504,at or before,the specified closing date and time as designated in the IFB,RFP,
RFQ,or RFLI, NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however,no
award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope,box package. The face of the envelope,box or
package must show the hour and date specified for receipt of responses,the solicitation number and title,and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non-responsive.
Directions to City Hall:
FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE.,TURN LEFT,
PROCEED SOUTH TO SO.BAYSHORE DR.(3RD TRAFFIC LIGHT),TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE,TURN RIGHT,PROCEED SOUTH TO SO.
BAYSHORE DR.(3RD TRAFFIC LIGHT),TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened,and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes(closed date and/or time expires),the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations,each response must be placed
in a separate envelope,box,or package and each envelope,box or package must contain the information previously
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stated in I.82.A.
1.80.TAXES-The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request.Notwithstanding,Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08,Florida Statutes,as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81.TERMINATION—The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.82.TERMS OF PAYMENT-Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received,inspected,and found to comply with award specifications, free of damage or
defect,and properly invoiced. No advance payments of any kind will be made by the City of Miami,
Payment shall be made after delivery,within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74,Florida Statutes and other applicable law.
1.83.TIMELY DELIVERY- Time will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such orders,or any part thereof,without obligation,if delivery is not made within
the time(s)specified on their Response. Deliveries are to be made during regular City business hours unless
otherwise specified in the Special Conditions.
1.84.TITLE-Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods,whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119,Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a"trade secret',all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope,clearly identified as"TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a"trade secret"you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages,costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim.
1.86.UNAUTHORIZED WORK OR DELIVERY OF GOODS-Neither the qualified Bidder(s)/Proposer(s)nor
any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor.The qualified Bidder(s)/Proposer(s)shall not be paid for any work performed
or goods delivered outside the scope of the contract or any work performed by an employee not otherwise
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previously authorized.
1.87.USE OF NAME-The City is not engaged in research for advertising,sales promotion,or other publicity
purposes.No advertising,sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned,or imply the name of the City,without prior express written permission of the City
Manager or the City Commission.
1.88.VARIATIONS OF SPECIFICATIONS-For purposes of solicitation evaluation,bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions,no matter how slight. If variations are
not stated on their Response,it will be assumed that the product fully complies with the City's specifications.
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2.Special Conditions
2.1.PURPOSE
The purpose of this Solicitation is to establish a contract,for Advertisement Programs,as specified herein,from a
source(s)of supply that will give prompt and efficient service fully compliant with the terms,conditions and
stipulations of the solicitation.
2.2.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department,Ann:Maritza Suarez,CPPB;fax: (305)400-5025 or email:msuarez@ci.miami.fi.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received no later
than Friday,August 26,2011,at 5:00 p.m.. All responses to questions will be sent to all prospective
bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER
SAID DEADLINE.
2.3.TERM OF CONTRACT
The proposer(s)qualified to provide the service(s)requested herein(the"Successful Proposer(s)")shall be required
to execute a contract("Contract")with the City,which shall include,but not be limited to,the following terms:
(I) The term of the Contract(s)shall be for two(2)years with an option to renew for four(4)additional one(1)
year periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative;not a right of the bidder/proposer. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.4.CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(I) Continued satisfactory performance compliance with the specifications,terms and conditions established
herein.
(2) Availability of funds
2.5.NON-APPROPRIATION OF FUNDS
In the event no funds or insufficient(buds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract,then the City,upon written notice to Contractor or his assignee of such
occurrence,shall have the unqualified right to terminate the contract without any penalty or expense to the City. No
guarantee,warranty or representation is made that any particular or any project(s)will be awarded to any firm(s).
2.6.PROPOSER'S MINIMUM QUALIFICATIONS
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The following represent the minimum qualification requirements for a Proposer to be deemed responsive by
the City,and Proposers shall satisfy each of the following minimum requirements cited below.Each of these
minimum qualifications must be addressed in detail in Proposal submission to determine Proposer's
responsiveness.Failure to meet each of the following qualification requirements,and/or failure to provide
sufficient detail and/or documentation in its Proposal to determine responsiveness by the City,will result in
the Proposal being deemed non-responsive.
Advertising programs:
(I)The successful Proposer must provide evidence of sufficient financial stability to produce,install and maintain
the advertising program proposed,including the quantity of products proposed
(2)The successful Proposer must demonstrate a level of expertise,technical knowledge,innovation,and overall
capacity to provide the proposed advertising program
Additionally,
(4)Proposer shall have no record ofjudgments,bankruptcy, pending lawsuits against the City or criminal activities
involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission.
(5)Neither Proposer nor any principal,officer,owner,or stockholder of Proposer shall be in arrears or in default of
any debt or contract involving the City,(as a party to a contract,or otherwise);nor have failed to perform faithfully
on any previous contract with the City.
See"instructions for Submitting a Response:(Submission Requirements)."Submittals that do not respond
completely to all requirements may be considered non-responsive and eliminated from the process.
CONTRACT EXECUTION
The selected Proposer(s)evaluated and ranked in accordance with the requirements of this Solicitation,shall be
awarded an opportunity to negotiate a contract("Contract")with the City in substantially the attached form labeled
"Attachment A-Professional Services Agreement"and available via the Header section to this RFP. The City
reserves the right to execute or not execute,as applicable a Contract with the selected Proposer(s)that is determined
to be most advantageous and in the City's best interest. Such Contract will be furnished by the City,will contain
certain terns as are in the City's best interests,and will be subject to approval as to legal form by the City Attorney.
2.8.FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48
hours of any failure to perform according to specifications,the City reserves the right to declare Contractor in
default of the contract or make appropriate reductions in the contract payment.
2.9.INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of,indemnify and save City and its officials harmless,from and against any and all
claims,liabilities,losses,and causes of action,which may arise out of bidder's performance under the provisions of
the contract,including all acts or omissions to act on the part of bidder,including any person performing under this
Contract for or on bidder's behalf,provided that any such claims,liabilities,losses and causes of such action are not
attributable to the negligence or misconduct of the City and,from and against any orders,judgments or decrees
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which may be entered and which may result from this Contract,unless attributable to the negligence or misconduct
of the City,and from and against all costs,attorneys' fees,expenses and liabilities incurred in the defense of any
such claim,or the investigation thereof.
The bidder shall furnish to City of Miami,do Purchasing Department,444 SW 2nd Avenue,6th Floor,Miami,
Florida 33130,Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
(I) Worker's Compensation
A. Limits of Liability-Statutory-State of Florida
Waiver of subrogation
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Property Damage Liability -Each Occurrence:$1,000,000
General Aggregate Limit: 82,000,000
Personal and Adv.Injury.Products and Completed Operations and Fire Damage: $1,000,000.
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contingent Liability&
Contractual Liability. Primary Insurance Clause.Premises&Operations Liability.
(3) BusinessAutomobile Liability
A.Limits of Liability
Bodily injury and property damage liability combined single limits. Owned/Scheduled Autos,including
hired,borrowed or owned,or non-owned autos used in connection with the work-
Any One Accident: $1.000.000
B. Endorsements Required:
City of Miami included as an Additional Insured
(4) Employer's Liability
A.Limits of Liability
$500,000 for bodily injury caused by an accident,each accident
$500,000 for bodily injury caused by disease,each employee
$500,000 for bodily injury caused by disease,policy limit
(5) Professional Liability/Errors and Omissions Coverage
A. Limits of Liability
Combined Single Limit.Each Claim $1,000,000 General Aggregate Limit
$1,000,000
(6) Excess Liability(Excess Follow Form)
A.Limits of Liability
Each Occurence $1,000,000
Policy Aggregate $1,000,000
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer in accordance with policy provisions.
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BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications,as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
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"A"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. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty(30)days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this
section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period,the Bidder shall be responsible
for submitting new or renewed insurance certificates to the City at a minimum often(10)calendar days in advance
of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period,the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(5) The City may,at its sole discretion,terminate this contract for cause and seek re-procurement damages from
the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section
remain in force for duration of the contractual period;including any and all option terms that may be granted to
the Bidder.
2.10.CONTRACT ADMINISTRATOR
Upon award,contractor shall report and work directly with Zari Watkins,Esq.,who shall be designated as the
Contract Administrator.
2.11.SUBCONTRACTOR(S)OR SUBCONSULTANT(S)
A Sub-Consultant,herein known as Sub-Contractor(s)is an individual or firm contracted by the Proposer or
Proposer's firm to assist in the performance of services required under this Solicitation. A Sub-Contractor shall be
paid through Proposer or Proposer's firm and not paid directly by the City.Sub-Contractors are allowed by the City
in the performance of the services delineated within this Solicitation.Proposer must clearly reflect in its Proposal the
major Sub-Contractors to be utilized in the performance of required services.The City retains the right to accept or
reject any Sub-Contractors proposed in the response of Successful Proposer or prior to contract execution.Any and
all liabilities regarding the use of a Sub-Contractor shall be borne solely by the Successful Proposer and insurance
for each Sub-Contractors must be maintained in good standing and approved by the City throughout the duration of
the Contract.Neither Successful Proposer nor any of its Sub-Contractors are considered to be employees or agents
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of the City.Failure to list all Sub-Contractors and provide the required information may disqualify any proposed
Sub-Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub-Contractor information and include all relevant
information required of the Proposer.In addition,within five(5)working days after the identification of the award
to the Successful Proposer,the Successful Proposer shall provide a list confirming the Sub-Contractors that the
Successful Proposer intends to utilize in the Contract,if applicable.The list shall include,at a minimum,the name,
location of the place of business for each Sub-Contractor,the services Sub-Contractor will provide relative to any
contract that may result from this Solicitation,any applicable licenses,references,ownership,and other information
required of Proposer.
2.12.SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing
Department,in writing,no less than ten(10)days prior to solicitation closing date of any change in the
manufacturers'specifications which conflict with the specifications.For hard copy bid submittals,bidders must
explain any deviation from the specifications in writing as a footnote on the applicable specification page and
enclose a copy of the manufacturer's specifications data detailing the changed item(s)with his/her submission. For
electronic bid submittals,bidders must explain in the Header Section or by an Attachment and,if applicable,enclose
a scanned copy of the manufacturer's specifications data detailing the changed item(s)with his/her submission.
Additionally,bidders must indicate any options requiring the addition of other as well as those which are
included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being
held responsible for all costs required to bring the item(s)in compliance with contract specifications.
2.13.TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after
written notice of default,the City Manager may terminate this Contract,in whole or in part,upon written notice
without penalty to the City of Miami.In such event the Contractor shall be liable for damages including the excess
cost of procuring similar supplies or services:provided that if,(I)it is determined for any reason that the Contractor
was not in default or(2)the Contractor's failure to perforin is without his or his subcontractor's control,fault or
negligence,the termination will be deemed to be a termination for the convenience ofthe City of Miami.
R.FOR CONVENIENCE
The City Manager may terminate this Contract,in whole or in part,upon 30 days prior written notice when it is in
the best interests of the City of Miami.If this Contract is for supplies,products,equipment,or software,and so
terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an
agreed upon adjustment of cost.To the extent that this Contract is for services and so terminated,the City of Miami
shall be liable only for payment in accordance with the payment provisions ofthe Contract for those services
rendered prior to termination.
2.14.ADDITIONAL TERMS AND CONDITIONS
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No additional terms and conditions included with the solicitation response shall be evaluated or considered,and any
and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If
submitted either purposely,through intent or design,or inadvertently,appearing separately in transmittal letters,
specifications,literature,price lists or warranties,it is understood and agreed that the General and Special
Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's
authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this.
2.15.PRIMARY CLIENT(FIRST PRIORITY)
The successful bidder(s)/proposer(s)agree upon award of this contract that the City of Miami shall be its primary
client and shall be serviced first during a schedule conflict arising between this contract and any other contract
successful bidder(s)/proposer(s)may have with any other cities and/or counties to perform similar services as a
result of any catastrophic events such as tornadoes,hurricanes,severe storms or any other public emergency
impacting various areas during or approximately the same time.
2.16.UNAUTHORIZED WORK
The Successful Proposer(s)shall not begin work until a Purchase Order is received.
2.17.CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline;however,no oral
modifications will be allowed. Written modifications shall not be allowed following the proposal deadline.
2.18.COMPENSATION PROPOSAL
Each Proposer shall detail any and all fees and costs to provide the required services as detailed in Section 3.Scope
of Services. The City reserves the right to add or delete any service,at any time.Should the City determine to add
an additional service for which pricing was not previously secured,the City shall seek the Successful Proposer to
provide reasonable cost(s)for same.Should the City determine the pricing unreasonable,the City reserves the right
to negotiate cost(s)or seek another vendor for the provision of said service(s).
Failure to submit compensation proposal as required shall disqualify Proposer from consideration.
2.19.EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation,selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation,including verifying that each submission includes all documents required.
(5) An Evaluation Committee,appointed by the City Manager,comprised of appropriate City Staff and members
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of the community,as deemed necessary,with the appropriate technical expertise and/or knowledge,shall meet to
evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation
criteria as specified herein.
(6) The Evaluation Committee reserves the right, in its sole discretion,to request Proposers to make oral
presentations before the Committee as part of the evaluation process.The presentation may be scheduled at the
convenience of the Evaluation Committee and shall be recorded.
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the
City Manager for acceptance.If the City Manager accepts the Committee's recommendation,the City Manager's
recommendation for award of contract will be posted on the City of Miami Purchasing Department website,in the
Supplier Corner,Current Solicitations and Notice of Recommendation of Award Section. The notice ofthc City
Managers recommendation can be found by selecting the details of the solicitation and is listed as Recommendation
of Award Posting Date and Recommendation of Award To fields. If"various"is indicated in the Recommendation
of Award To field,the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The
City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate
and/or execute an agreement with the recommended Proposer(s).No Proposer(s)shall have any rights against the
City arising from such negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation,and instruct the Committee to
re-evaluate and make another recommendation,reject all proposals,or recommend that the City Commission reject
all proposals.
(9) The City Commission shall consider the City Manager's and Evaluation Committees'recommendation(s)and,
if appropriate and required,approve the City Managers recommendation(s). The City Commission may also reject
any or all response.
(10) If the City Commission approves the recommendations,the City will enter into negotiations with the selected
Proposer(s)for a contract for the required services. Such negotiations may result in contracts,as deemed
appropriate by the City Manager.
(I1) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s).
2.20.ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.21.RECORDS
During the contract period,and for a least five(5)subsequent years thereafter,Successful Proposer shall provide
City access to all files and records maintained on the City's behalf.
2.22.TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution oftruth-in-negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
Agreement arc accurate,complete,and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate,incomplete,or non-current wage rates and other factual unit costs. All such contract
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adjustments shall be made within one(1)year following the end of the Agreement.
2.23.PRE-BID/PRE-PROPOSAL CONFERENCE
None
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3.Specifications
3.1.SPECIFICATIONS/SCOPE OF WORK
The City of Miami(City)is soliciting proposals from qualified firms to identify potential partners for certain current
advertising products the City wishes to pursue immediately,as well as potential products the City may wishes to
pursue in the future.
This RFP process would be used to secure the services of one or more companies,for one or more of the following
advertising categories:
I)Parking Stripes advertising
2)Digital/Display Elevator Advertising(elevators in City buildings)
3)Other advertising opportunities(non-Parking)
4)Naming Rights to City Parks
5)Trolley Advertising
The City would require interested proposers to respond to each category for which they are interested in partnering,
allowing the flexibility to select the vendor that would provide the best value and financial return to the City in each,
stand-alone category.However,vendors would be permitted to submit proposals that reflect potential benefits to the
City if they are selected for more than one category(for example,increased revenues if selected to provide both
mast ann and parking stripe advertising). Responses to 43 above will be open-ended,allowing proposers to
recommend additional concepts for our consideration. All of the proposals will be reviewed to ensure consistency
with existing Code,as well as to ensure that the proposal meets our aesthetic expectations.The City will retain the
right and ability to identify the quantity and location of any proposed advertising program to ensure that It meets our
expectations in terms of aesthetics.
Trolley Advertisement Program and Sales Support Obiecfiv@(Refer to Header Attachments for pictures and
technical specifications of the Trolleys)
The City wishes to engage a qualified firm to provide project management services for advertising and sales support
services for the proposed City of Miami Trolley System. The City desires to maximize revenue potential from the
sale of advertising space on the interior and exterior of the trolleys in order to help defray the cost of operating the
trolley service.
Trolley System
The City's proposed trolley system consists of four(4)interconnected routes(as further described below and as
depicted on the attached route map)totaling over 30 miles in length with the objective of augmenting the existing
regional transit system(MetroBus,MetroRail,and MetroMover)and providing premium public transportation
service to the following corridors and communities in the City of Miami:Health District/Civic Center,Marlins
Stadium,Brickell Avenue,Biscayne Boulevard,Omni,Allapattah,Overtown,and Coral Way. A future extension of
the Brickell/Biscayne Trolley route is being proposed to serve Midtown and the Design District. At this time,
operating hours for the trolley service currently consists of Monday-Saturday service from 6:30AM-8:00PM and
are subject to change. Frequency of service is anticipated to range from 10 minutes during peak times to 20 minutes
during off-peak periods. The City anticipates using its trolleys to also provide charter service for special events as
well as extended hours of service at its sole discretion. The trolley system is anticipated to attract over 5,000 riders
per day,and,at this time,it has not been determined if the City will charge a fare.
Jfealth/Stadium District Trolley
The City,in collaboration with the Miami Partnership(coalition of major area stakeholders in the Health
District/Civic Center)and the FDOT,has finalized the routes and stop locations for the Health District Trolley.The
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Request for Proposals(RFP)272271,9
proposed loop has been endorsed by the Miami Partnership,City Commission,and the FDOT which is providing
state funds for the operation and maintenance of the initial route for a 3-year period. The trolley will operate on a
2-way loop within the Health District area,the second largest employment center in the County,and the route will
extend to the Marlins Stadium via NW 12th Avenue. This trolley will connect to the Civic Center Metrorail Station
on NW 12th Avenue and to the Allapattah/Overtown route described below. In addition,the trolley service will
serve over 14 major facilities and 9 parking garages in the area,including University of Miami Hospital,Jackson
Memorial Hospital,Veterans Administration Hospital,Miami-Dade College,County Courts,State Attorney's
Office,and other judicial,educational,research,and civic institutions in the area,as well as service the Marlins
Stadium as part of its scheduled route. Based on a systemwide modeling analysis completed in November 2010,this
route is anticipated to attract over 900 riders daily with a proposed$1.00 fare structure.
Drickell/Biscayne Trolley
This trolley will connect to the Brickell Metrorail/Metromover Station located at SW 1st Avenue where a
connection to the future Coral Way Trolley will be provided. The loop extends from SE 26th Road on the south to
the Omni/Margaret Pace Park on the north serving the Brickell,Downtown,and Omni areas and connecting to
numerous Metromover stations along the route. In addition,the trolley will operate along Flagler Street to serve the
downtown core as well as venues along the route such as the Adrienne Arsht Center for the Performing Arts,the
American Airlines Arena,Bayside Marketplace,Museum Park,and Bayfront Park. The City anticipates using the
existing Miami Parking Authority parking lot under the I-95/Rickenbacker Causeway flyover as a park-and-ride
facility for trolley users. This trolley route was developed in collaboration with the DDA,BHA,the Brickeli Area
Association(BAA),area stakeholders,MDT,and FDOT. Based on a systemwide modeling analysis completed in
November 2010,this route is anticipated to attract over 1,500 riders daily with a proposed$1.00 fare structure.
Overtown/Allaoattah Trolley
The Allapattah/Overtown Trolley is planned to provide service in the Allapattah and Overtown communities and to
connect to the Health/Stadium District and Brickell/Biscayne Trolleys. The City,in collaboration with area
stakeholders,is in the process of developing a service plan for this route with the specific stop locations and hours of
operation. Further,we anticipate seeking a funding contribution from the FDOT for 50%of the operational and
maintenance costs of the service for a 3-year start-up period. In Allapattah,the loop is intended to serve dozens of
retail and commercial establishments along NW 20th Street from NW 17th Avenue to NW 27th Avenue and will
include a stop at the MPA parking garage located on NW 21st Street. In Overtown,the loop is intended to serve the
Folk-Life Village,schools and parks,and commercial establishments vie NW 3rd Avenue. In addition,this loop
will connect to the Health/Stadium District Trolley at Jackson Memorial Hospital and to the Brickell/Biscayne
Trolley at Omni via NW/NE 14th Street. This connection will facilitate access to jobs and enhanced public transit
between the Allapattah and Overtown communities and major employment centers in the City as well as provide
convenient access to points of interest within the communities. Based on a systemwide modeling analysis
completed in November 2010,this route is anticipated to attract over 1,400 riders daily with a proposed S1.00 fare
structure.
Coral Way Trolley
The Coral Way-Brickell Trolley is planned to operate along Coral Way serving the commercial,retail,and
residential locations along the corridor_ The service is proposed to extend from the Brickell Metrorail/Metromover
Station at SW 1st Avenue on the east(where a connection to the Brickell/Biscayne Trolley will be provided)to the
City of Coral Gables Trolley that operates along Ponce de Leon Blvd.in the City of Coral Gables.The City,in
collaboration with area stakeholders,is in the process of developing a service plan for this route with the specific
stop locations and hours of operation;and,furthermore,we intend seeking a funding contribution from the FDOT
for 50%of the operational and maintenance costs of the service for a 3-year start-up period. Based on a systemwide
modeling analysis completed in November 2010,this route is anticipated to attract over 700 riders daily with a
proposed SI.00 fare structure.
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Request for Proposals(RFP)272271,9
Trolley Vehicles
The City has purchased twelve(12)Classic American Trolleys,32' in length,with a seating capacity of
approximately 30 passengers,to provide trolley service along the Health/Stadium District and BrickelUBiscayne
Trolley Routes. This service is anticipated to begin in early 2012. The City is in the process of purchasing 16-21
additional Classic American Trolleys,27' in length,with a seating capacity ofapproximately 25 passengers. These
additional trolleys are anticipated to arrive in mid-2012 and will be used to provide service along the Coral Way and
Allapattah/Overtown Trolley routes. All trolley vehicles are being manufactured in compliance with all Federal
Transit Administration(FTA)and Florida Department of Transportation(FDOT)specification requirements for
public transit vehicles and in compliance with the City's desired vehicle specifications,attached herein,including
air-conditioned interiors,oak-slat benches,oak wood interiors,brass railings,and electric wheelchair lifts. The
exterior paint scheme of the trolleys will be the official City colors of orange,green,and white as depicted in the
attached drawing. All Classic American Trolley vehicles are 134"in height regardless of length.
Trolley Advertising Program and Sales Sunoort
The City desires to maximize revenue potential from the sale of advertising space on the trolleys in order to help
defray the cost of operating the trolley service. As such,advertisement space will be provided on the exterior(rear
and sides)and interior of the trolleys as depicted in the attached drawings. The interior of the trolleys will be
equipped with oak rails near the soffit for advertisements(as depicted in the attached drawings);and the exterior
sides of the trolleys will be equipped with aluminum advertisement racks as depicted in the attached drawings.
Further,with regards to interior advertising opportunities,the City wishes to explore the possibility of using a flat
screen TV mounted on-board the trolley to show advertisements to passengers. With regards to the exterior
advertising,space will be provided in the rear and sides of the trolleys as depicted in the attached drawings.
Although the City will allow advertisements on the exteriors of the trolleys,the City's desire is to maintain a clean
and attractive exterior,free of visual clutter which could potentially detract from the image and unique aesthetic
characteristics ofthe Classic American Trolley. As such,it is the City's preference to not have the trolley exterior,
including windows,wrapped with advertising or any material that adheres to the exterior and/or which is not
conducive to daily washing or which the City may consider detrimental to the aesthetic and unique exterior features
of the Classic American Trolley. The trolley advertisement program is further subject to the following
specifications and provisions.
1. RIGHT TO CHANGE TROLLEY OPERATION: The City has the right to make changes to the trolley
operation at any time. Such changes can include,but are not limited to,changes to service alignments,stop
locations,hours of operations,number of trolleys in service,areas served,fare structure and fare collection system,
and terminating trolley service for convenience.
2. ADVERTISING MATERIAL: The advertising material should be static,non-glaring,and must conform to
all applicable City,County,State,and Federal laws for motorized vehicle operation on public-right-of-way.
Advertising should not cause temporary or long-term damage or harm to trolley vehicles,trolley riders,city
residents,or other users of the transportation system. The City is not liable for any damages or lawsuits arising out
of trolley advertising.
3. RIGHT TO REFUSE UNACCEPTABLE ADVERTISING:The purpose of this advertising program is to
maximize the revenues of the City's trolley system and not to create a public forum for the public discussion of
political or controversial issues.The City will not accept advertising that directly or indirectly supports or opposes a
particular candidate,political cause or issue or that advocates or opposes a particular religion or religious belief
Acceptable advertising will be limited to that which proposes,directly or indirectly,a legal,commercial transaction
that,in the sole discretion ofthe City,will reflect favorably upon the City's trolley system,its riders and the long
term use of this advertising space for the generation of revenues. This advertising may include the promotion of the
City and surrounding areas as destinations for tourists or future development.
The City reserves the right to refuse any advertising that does not conform to the City and to any applicable
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Request for Proposals(RFP)272271,9
requirements of the Federal Transit Administration(FTA),the Florida Department of Transportation(FDOT),and
any other governmental agency with authority to regulate this usage on public right-of-way. The City reserves the
right to refuse advertising that is not presented to the City at least three(3)business days before the requested start
date. The City may,at its sole discretion,refuse to place and install other advertising that it deems to be
inappropriate considering the purpose and intent of this advertising program.
contractor Responsibilities
I. Successful Proposer is responsible for day-to-day maintenance,installation,removal of advertising and/or
advertising equipment(LCD,etc),and management of the Advertisement Program.
2. City is not responsible for any lost revenue to the Vendor if the trolley system cannot remain in operation for
the contract term due to funding constraints,natural and/or man-made events,or termination for convenience.
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Request for Proposals(RFP)272271,9
4.Submission Requirements
4.1.SUBMISSION REQUIREMENTS
SUBMISSION REQUIREMENTS;
Proposers shall carefully follow the format and instruction outlined below,observing format requirements where
indicated. Proposals should contain the information itemized below and in the order indicated. This information
should be provided for the Proposer and any sub-consultants to be utilized for the work contemplated by this
Solicitation. Proposals submitted which do not include the following items may be deemed non-responsive and may
not be considered for contract award.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE ORIGINAL
AND SEVEN(7)COPIES.NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
Proposers shall provide,at a minimum,the following information and documentation with their Proposals:
I.Cover Page:
The Cover Page shall include the Proposer's name,the Contact Person for the RFP,the Firm's Liaison for the
Contract,the Primary Office Location,the Local Business Address(if applicable),the Business Phone and Fax
Numbers,Email Addresses(if applicable),the Title of the RFP,the RFP Number,and the Federal Employer
Identification Number or Social Security Number.
2.Table of Contents:
The table of contents shall outline,in sequential order,the major sections of the Proposal as listed below,including
all other relevant documents requested for submission.All pages of the Proposal,including the enclosures,shall be
clearly and consecutively numbered and shall correspond with the table of contents.
3.Executive Summary:
A signed and dated summary of not more than two(2)pages shall be provided containing Proposer's overall
Qualifications and Experience and Technical Qualifications,as contained in the submittal.Proposer shall include the
name of the organization,business phone,contact person and a summary of the work to be performed.
4.Experience and Qualifications:
A.Describe the Proposer's organizational history and structure;years Proposer and/or firm has been in business
providing a similar service(s),and indicate whether the City has previously awarded any contracts to the
Proposer/firm.Provide a list of all principals,owners or directors.
B.Outline in detail the experience and qualifications ofthe Proposer's entity,and the Proposer's management team,
in providing similar projects/programs as the one proposed in this RIP.
C.Provide a narrative describing the entities that will be involved,a description of the roles they will play(e.g.,
partner,management group_),the contractual relationships within the team,the financial responsibilities and
percentage of ownership(if applicable)of each team entity,a description and evidence of the nature of each entity's
commitment to the project,and a summary of the team's past experience in working together on a similar project. A
description of each of the entities'experience in developing and managing similar projects and roles must be
included,The respondent must also provide a minimum of the most current two consecutive years of financial
statements for the entity(ies)and/or principal(s)that comprise or will comprise the respondent.The City will treat
financial statements submitted under this procedure as either business data or RFP data pursuant to Florida Statutes.
However,the City assumes no liability should this data be ruled public data by a court of competent jurisdiction.
D.Provide an organizational chart of Proposer's management team to be used on this project/program,and their
qualifications.A resume of each individual,including education,experience,and any other pertinent information,
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Request for Proposals(RFP)272271,9
shall be included for each team member to be assigned to this project/program. Include any and all licenses and
certifications held.
E. Describe any current or pending litigation or proceeding involving Proposer,its partners,managers,other key
staff members,and its professional activities or performance,if applicable. State the nature of the litigation,a brief
description of each case,the outcome or projected outcome,and the monetary amounts involved.
F.Should Proposer plan to utilize a Sub-Contractor(s),provide detailed information regarding qualifications and
experience,and the work to be performed related to the Scope of Services for each proposed Sub-Contractor(s).
5)Past Performance in Implementing Similar Advertising
A.Provide a complete list of clients for which Proposer has provided a similar service(s)as required in this RFP.
This list should detail Proposer's experience,and include those services that have been performed during at least the
past five(5)years,as applicable. Include the name,address,phone number(s)and contact persons within each
organization.The City reserves the right to contact references as part of the evaluation process.
B. Provide a minimum of two(2)references on letterhead from former clients for the provision of similar services
within the past five(5)years. Include name of reference,contact name,period of time,and overall work performed.
Sufficient documentation must be provided to determine level of experience.References are subject to verification
by the City as part of the evaluation process.
C.Provide a description of the Proposer's overall Approach and Methodology to be utilized during this
engagement,per each element of work depicted in the Scope of Services.
D.Provide a marketing plan for the City.The proposer must submit information which describes its approach to a
successful venue.The proposer should describe its marketing and promotional concepts and also provide a plan
which will maximize revenue to the City.
6)Operating Plan
A. Provide an Operating Plan. Proposer shall describe the operating policies and procedures to be employed by the
proposers.Describe any proposed initiatives which would improve the revenue to the City.
7)Revenue to the City
A.Proposer must include a Compensation/Revenue Proposal as part of the Proposal.Proposal shall contain detailed
information justifying its proposed cost(s),including reimbursable expenses and revenue to the City. Failure to
submit a Compensation Proposal shall deem your Proposal non-responsive.
Proposer shall provide any other information or documentation with Proposal,as needed.
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Request for Proposals(RFP)272271,9
5.Evaluation Criteria
5.1.EVALUATION CRITERIA
Proposals shall be evaluated based upon the following criteria and weight:
S;RITERIA WEIGHT
Proposer's experience and qualifications in providing advertising programs 35 Points
Proposed revenue to the City 40 Points
Strength and sustainability of operating plan 25 Points
Total: 100 points
Page41 of41
Page 384 of 451
tLitg of gliamt
CONTRACT AWARD
Procurement Department
AMENDMENT NO. 1
RFP NO.: 272271(20)
DESCRIPTION: TROLLEY ADVERTISEMENT PROGRAM SERVICES
TERM OF CONTRACT: TWO(2)YEARS WITH THE OPTION TO RENEW FOR FOUR
(4)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD: MARCH 20,2014 THROUGH MARCH 19,2016
COMMODITY CODE: 953
SECTION#1 —VENDOR AWARD
Outfront Media Miami,LLC
2610 N. Miami Avenue
Miami, FL 33127
Contact: Pablo Cremashi
Phone: (305)400-7355 x101
Fax: (305)400-9991
Email:peremaschi(dioutfrontmedia.com
Contact:Jonathan Lavallee
Phone: (212)967-7333 x204
Fax: (212)967-7337
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C.AWARD DATE: DECEMBER12,2013 AMENDED AMOUNT: N/A
RESOLUTION NO: 13-0501 INSURANCE REQUIREMENTS: YES
ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
Funds allocated from the various sources of funds from the user departments and agencies,
subject to availability of funds and budgetary approval at the time of need.
Note: Effective, November 14,2014,Outfront Media Miami,LLC,assumed the obligations for Van Wagner
Miami, LLC under the contract and is bound by the provisions,duties,liabilities,and obligations of such
contract.
SECTION#3—REQUESTING DEPARTMENT
DEPARTMENT OF BUILDING
Contract Administrator:Jarice Rodriguez
Phone: (305)416-1726
SECTION#4—PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Buyer: Richard McLaren
Phone: (305)416-1958
Prepared By: Aimee Gandarilla, 12/15/15
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE(SUPPLIER INFORMATION SECTION OF OUR WEEPAGE AT:
www.miamiooacom/procurement
Page 385 of 451
1": ung/ urtu *
yOF Q,O
Van Wagner Miami, LLC AGREEMENT
Request for Proposals No. 272271
Trolley Advertisement Program Services
Amendment No. 1
In accordance with the above referenced Contract, this addendum, when properly executed, shall
acknowledge the name change of Van Wagner Miami, LLC to Outfront Media Miami, LLC. Effective
November 14, 2014, Outfront Media Miami, LLC, assumed the obligations under the Contract and
is bound by the provisions, duties, liabilities, and obligations of such Contract.
All terms, covenants and conditions of the original Contract shall remain in full force and effect,
except to the extent herein amended.
Signatures on next page.
1
Page 386 of 451
Outfront Media Miami, LLC City of Miami
Signature Daniel J. Alfo F
'Uehafj -N - gaclax DaiN;e I ,1; C° S D
Print Name Print Name
t\P (CC 01C0(4 0✓15CLy City Manager
Title Title
3 \ I - . Lt,
Date Date
Attest. Attest: r�'f/.�
C. ..rate etre arylNotary Todd Hannon, City Clerk
Corporate Seal/Notary
fl,C
No. O2DA508Th90
(Nall fied ,nKings Cot,n;
Caul- gun Ly:pims Nov amber ;8._0
PPROVE PisS TOL Qe p- . AND CORRECTNESS:
ctaria Mende�,,;jtEorney
2
Page 387 of 451
CITY OF MIAMI
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
OUTFRONT MEDIA MIAMI, LLC
REQUEST FOR PROPOSALS(RFP) 272271
This Amendment No. 2 ("Amendment No. 2")to the Agreement dated March 20th, 2014 together
with all extensions and amendments executed by the parties prior to the Effective Date hereof,
(together, the "Agreement") between the City of Miami, a municipal corporation of the State of
Florida ("City"), and Outfront Media Miami, LLC a limited liability cor oration, qualified and
authorized to do business in the State of Florida, is entered into this , day of August, 2016
(the "Effective Date").
RECITALS
WHEREAS, pursuant to Resolution No. 13-0501, adopted December 12 2013, the City
Commission authorized the execution of an Agreement with Contractor to provide management
services for trolley advertising products the City wishes to pursue currently and in the future (the
Services)with the City as set forth in the Agreement; and
WHEREAS, the City desires to maximize revenue potential from the sale of advertising
space on the trolleys pursuant to said Agreement; and
WHEREAS, the City desires to maintain a clean and attractive exterior, free of visual clutter
which could potentially detract from the image and unique aesthetic characteristics of said
trolleys as directed by the City Commission on April 14, 2016; and
•
WHEREAS, in accordance with the above referenced Agreement, this Amendment, when
i properly executed, shall become a part of the Agreement as Amendment No. 2
NOW THEREFORE, for the considerations hereinafter as set forth, the parties agree to as
follows'.
1. The recitals set forth above are incorporated by reference as if set forth in full herein.
2. The Agreement Is hereby amended to provide that advertisements on the driver side and
curb side on all small 27' trolleys shall not exceed 136"W x 99" H.. This restriction shall
not apply to any of the City's Public Service Announcements. The size of the City's
Public Service Announcements will not be changed by this Amendment.
3. The Contractor will issue a written report or letter to the City Manager within the next one
hundred eighty(180) days detailing its compliance with this Amendment.
All other terms, covenants and conditions of the original Agreement issued thereto shall
remain in full force and effect, except to the extent herein expressly amended.
t
Ref. 16-1112
Page 388 of 451
IN WITNESS WHEREOF, the parties have executed this Addendum No. 2 to RFP No,
272271.
THE CITY OF MIAMI, FLORIDA
ATTEST: CITY OF MIAMI, FLORIDA, a municipal
Corporation of the ate of Florida
BY: r... • - Byf
To: • B. Hannon, City Clerk Daniel J. Alfo ,!, Ci anager _
(Affix City Seal)
APPROVED TO LEGAL FORM APPROVED AS Ti :U�r RANCE
CORRECS: REQUI'- MENTS/
•• Victoria Mende ity Attorney 942— 'nn-Marie 5-arpe, rector
•
Yi40isk Manae -ment D partment
•
/6l/lam
CONTRACTOR
•
•
Outfront Media Miami, LLC
a Limited Liability Corporation
ATTEST:y , �/1/�� ,�� �'
By: A96t. I� . at x B
UUU By:
Corporate Secretary Authorized Manager or anaging
`4\51151-4/11' Member
(Affix Corporate Seal) I k _J• C„ J C .�a r 1 /err /��
pc- 6� yJy U/rteLQ� Cat ce
l
2
Ref, 16-1112
Page 389 of 451
(City ofatianti
CONTRACT AWARD
Procurement Department
FIRST RENEWAL
RFP NO.: 272271(20)
DESCRIPTION: TROLLEY ADVERTISEMENT PROGRAM SERVICES
TERM OF CONTRACT: TWO(2)YEARS WITH THE OPTION TO RENEW FOR FOUR
(4)ADDITIONAL ONE-YEAR PERIODS;CITY COMMISSION
APPROVAL IS REQUIRED FOR EACH RENEWAL
CONTRACT PERIOD: MARCH 20,2014 THROUGH MARCH 19 2016
60 DAY CONTRACT EXTENSION: MARCH 20,2016 THROUGH MAY 19,2016
RENEWAL PERIOD: MAY 20,2016 THROUGH MAY 19,2017
COMMODITY CODE: 953
SECTION#1 —VENDOR AWARD
Outfront Media Miami,LLC
2610 N. Miami Avenue
Miami, FL 33127
Contact:Pablo Cremashi
Phone:(305)400-7355 x101
Fax: (305)400-9991
Email:peremaschiCnoutfrontMedia com
Contact:Jonathan Lavallee
Phone:(212)967-7333 x204
Fax: (212)967-7337
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C.AWARD DATE: DECEMBER12,2013 AMENDED AMOUNT: N/A
RESOLUTION NO: 13-0501 INSURANCE REQUIREMENTS: YES
ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: NIA
APPLICABLE ORDINANCES: N/A
Notes: Funds allocated from the various sources of funds from the user departments and agencies,subject to
availability of funds and budgetary approval at the time of need.
This contract has been renewed for the period of May 20,2016 through May 19,2017.
SECTION#3—REQUESTING DEPARTMENT
DEPARTMENT OF CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM(CITP)
Contract Administrator: Irene S. Soria
Phone: (305)416-1020
Email: isoriacorderoCahmiamigov.com
{SECTION#4—PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Buyer: Richard McLaren
Phone: (305)416-1958
Prepared By: Max Sagesse,5/11/2016
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
YvWL MEOMIO0VAOm/pr000renlent yp (�
Initial: jx.it{
Page 390 of 451
City of Miami city Hall
C, di 3500 Pan American Drive
tM1q
Fgw i.
33133
Fni www.mmmigov.com
,eato" %� Master Report
i"-
vi;01m
Resolution R-16-0146
File ID#: 16-00344 Enactment Date: 4'14116
Version: I Controlling Office of the City Status: Passed
Body: Clerk
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION,WITH ATTACHMENT(S),ACCEPTING THE
NAME CHANGE OF VAN WAGNER MIAMI,LLC TO OUTFRONT MEDIA MIAMI.LLC,AS
DESCRIBED IN EXHIBIT"A."ATTACHED AND INCORPORATED.AUTHORIZING THE CITY
MANAGER TO EXERCISE THE FIRST ONE(1)YEAR OPTION TO RENEW FOR REQUEST FOR
PROPOSAL CONTRACT NO.272271,BETWEEN THE CITY OF MIAMI AND OUTFRONT MEDIA
MIAMI LLC.PURSUANT TO RESOLUTION NO. 13-0501.ADOPTED DECEMBER 12.2013,FOR
TROLLEY ADVERTISEMENT PROGRAM SERVICES FOR THE DEPARTMENT OF CAPITAL
IMPROVEMENTS AND TRANSPORTATION PROGRAM.ON AN AS NEEDED CONTRACTUAL
BASIS:FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL
OTFIER DOCUMENTS,INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT.
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.FOR SAID PURPOSE.
Reference: Introduced: 3:9,16
Name: Renew REP-Trolley Advertisement Prgnn.Svcs.
Requester: Department oiCapiml Cost: Final Action: 4114!16
Improvement
ProgramsTranspartati
on
Notes:
Sections:
Indexes:
Attachments: 16-00341 Summary Form.pdf,16-00344 Memo-Manager's Approval pdf,16-00344 Pre-Legislation.pdf,
16-00344 Legislation pdf, 16-00344 Exhibit pdf
Action History
Ver. Acting Body Date Action Sent To Due Date Returned Result
1 Office of the City 44116 Reviewed and
Attorney Approved
1 City Commission 4'14;16 ADOPTED
Clp oraiami Page I Printed on 126 Z013
Page 391 of 451
A motion was made by Francis Suarez,seconded by Frank Camilo.that this nianer be ADOPTED.Chair Hurdemon:
CA.2.
Jeovanny Rodriguez: Good morning.Commissioners. Jeovanny Rodriguez.director of Capital Improvements and
Transportation. CA 2 is a resolution authorizing a name change of our trolley advertising company from Outfront
Media Miami,LLC(Limited Liability Company)to Van Wagner Miami.LLC. It also proposes--authorizes the
Manager for—to execute the first one-year extension for this company.
Commissioner Suarez: Move it:discussion.
Chair Hurdemon: Been properly moved and second—ifs been properly moved. Is there a second?
Commissioner Caullo: Second.
Vice Chair Russell: Second.
Chair HaNanon: Property moved and seconded. Open the floor for discussion.
Commissioner Suarez: You know.I II yield. Are you do you want o jump in on this?
Vice Chair Russell: Thank you. Yeah.I asked for this item to be pulled.simply because)recognized there is a
concernangst the community that our trolleys,we've spent some money making--so much money making than
look like quaint neighborhood trolleys,and then we have very large advertising on them. As we extend or renew this
contract,this is our chance to actually take a look at that. And Eve spoken with the company.Outfront Media that
does that and they have agreed to reduce the amount of ad'cr1 sing used on the smaller trolley as--right now,we
have two sizes of trolley. On to larger one,it's somewhat proportional. On the smaller one,it looks a bit oversized.
It goes beyond the back tires,and it's a billboard. And they said they would be able to make this reduction without
reducing our s at all. We make over 50 percent of the revenue that they take. And I'm not sure exactly what
percentage reduction it is. They'll probably be able to speak to that. For me,though,that's--it's still not enough.in
the sense that Iii really like to look at right now,the signage goes over the windows,even to-- maxn,floor to
ceiling on the side of the trolley,and it kind of takes away from the aesthetic of what we really tried to achieve. And
fin really trying to study with the advertising company.because they don't charge on a per-square footage of
advertising:they charge per trolley;and,you know,to really study the market and see what we can squeeze the
advertisers on to get the maximum amount of revenue,hut still the minimum amount of.you know,visual signage on
the side.
Mr.Rodriguez: Commissioner,to ansver your question,tlesizeofadvertisement—
Chair Hardemon: Could you state your name for the record,please?
Mr.Rodriguez: I'm sorry.
Chair Hardemon: State your name again for the record.
Mr.Rodriguez: Yes. Jeovarmy Rodriguezdirector f Capital Improvements and Transportation. The total amount.
and percentage-wise,the vendor has agreed to reduce 25 percent on the size to the small trolleys.and that way,it's
going to look proportional to the big trolleys. So,basically.the advertisements will still be son of between the tires,
we're going to say. So on the side panels,there will be a max--there will be a 25 percent eduction:however.since
the back of the trolley still remains the same,the overall reduction is 20 percent. And I--maybe she can--
Vice Chair Russell; Thank you.
Mr.Rodriguez: --confirm that. She represents the client.
Chair Hardemon: You're recognized.
riq of Miami Pace 2 Rimed on I.262015
Page 392 of 451
Aye:5-W ifredo(Willy)Goo.Ken Russell.Frank Carol lo.Francs Suarez and Keen Hardemon
I Office of the Mayor 4'2296 Signed by the Mayor Office of he City
Clerk
I Office of the City Clerk 4:216 Signed and Attested by
City Clerk
io ofragc 7 Primed on 1 201018
Page 393 of 451
Cray of 41ilittmt
CONTRACT AWARD
Procurement Department
SECOND RENEWAL
RFP NO.: 272271(20)
DESCRIPTION: TROLLEY ADVERTISEMENT PROGRAM SERVICES
TERM OF CONTRACT: TWO(2)YEARS WITH THE OPTION TO RENEW FOR FOUR
(4)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD: MARCH 20,2014 THROUGH MARCH 19,2016
60 DAY CONTRACT EXTENSION: MARCH 20,2016 THROUGH MAY 19,2016
FIRST RENEWAL: MAY 20, 2016 THROUGH MAY 19,2017
SECOND RENEWAL: MAY 20,2017 THROUGH MAY 19,2018
COMMODITY CODE: 953
SECTION#1—VENDOR AWARD
Outfront Media Miami,LLC
2610 N. Miami Avenue
Miami, FL 33127
Contact: Pablo Cremashi
Phone:(305)400-7355 x101
Fax: (305)400-9991
Email:peremaschi(Gloutfrontmedia.com
Contact:Jonathan Lavallee
Phone:(212)967-7333 x204
Fax: (212)967-7337
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C.AWARD DATE: DECEMBER12, 2013 AMENDED AMOUNT: N/A
RESOLUTION NO: 13-0501; OTR-17-0116 INSURANCE REQUIREMENTS: YES
ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
Notes:SECOND RENEWAL: MAY 20,2017 THROUGH MAY 19,2018
SECTION#3—REQUESTING DEPARTMENT
DEPARTMENT OF CAPITAL IMPROVEMENTS(CIP)
Contract Administrator: Irene S.Soria
Phone:(305)416-1020
Email: isoriacordero(07miamigov.com
[ CTION#4—PROCURING AGENCY
CITY OF MIAMI, DEPARTMENT OF PROCUREMENT
Buyer: Richard McLaren
Phone:(305)416-1958
Prepared By:Aimee Gandarilla,3/15/17
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE'SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.miamigov com/procurement
Page 394 of 451
R-17-0116 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING ... Page I of 2
xnt tiF1 '� Miami ADopTED
.. ,, FL Ma�9, 20179:°0Alk
S `
= Resolution
.. ,! u R ` a -' R-17-0116
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXERCISE THE SECOND ONE (1) YEAR OPTION TO RENEW FOR
REQUEST FOR PROPOSAL CONTRACT NO. 272271 BETWEEN THE CITY OF MIAMI
AND OUTFRONT MEDIA MIAMI LLC, PURSUANT TO RESOLUTION NO. 13-0501,
ADOPTED DECEMBER 12, 2013, FOR TROLLEY ADVERTISEMENT PROGRAM
SERVICES FOR THE OFFICE OF TRANSPORTATION MANAGEMENT ON AN AS
NEEDED CONTRACTUAL BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS,
MODIFICATIONS, AND THE TWO (2) REMAINING ONE (1) YEAR OPTIONS TO
RENEW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
FOR SAID PURPOSE.
Information
Department: Office of Sponsors:
Transportation
Management
Category: Other
Attachments
Agenda Summary and Legislation
1741 Back-Up Documents
1741 Pre-Legislation
Body/Legislation
WHEREAS, on December 12, 2013, the City Commission adopted Resolution No. 13-0501,
approving the City of Miami's award of Request for Proposal ("RFP") Contract No. 272271 to Van
Wagner Miami, LLC for trolley advertisement program services for the Office of Transportation
Management("OTM")for an initial period of two (2) years, with the option to renew for four(4)
additional one (1) year periods, with each renewal period to be brought back for City Commission
approval; and
WHEREAS, on November 14, 2014, Outfront Media Miami LLC ("Outfront") assumed the
obligations for Van Wagner Miami, LLC under the contract and is bound by the provisions, duties,
liabilities, and obligations of such contract; and
WHEREAS, the City Manager and the OTM have indicated the need to exercise the second
one (1) year option to renew the RFP Contract No. 272271 with Outfront for trolley advertisement
program services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Page 395 of 451
http://miami(l.igm2.com/Citizens/Detail_LegiF ile.aspx?ID=1741&highlightTemis=1741&... 1/26/2018
R-17-0116 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING ... Page 2 oft
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized[1] to exercise the second one (1) year option to
renew Contract No. 272271, between the City and Outfront, pursuant to Resolution No. 13-0501,
adopted December 12, 2013, for trolley advertisement program services, for OTM.
Section 3. The City Manager is further authorized to execute all other documents, including
any amendments, extensions, modifications, and the two (2) remaining one (1) year options to renew,
in a form acceptable to the City Attorney, as may be necessary for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor[2]
[1] The herein authorization is further subject to compliance with all requirements that may be imposed by the
City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions.
[2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten(10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Meeting History
Mar 9, 2017 9:00 AM Video City Regular Meeting
Commission
RESULT: ADOPTED [3 TO 0]
MOVER: Wifredo(Willy) Cart, Commissioner, District One
SECONDER: Frank Carollo, Commissioner, District Three
AYES: Neon Hardemon, Wifredo(Willy) Gort, Frank Carollo
ABSTAIN: Francis Suarez
ABSENT: Ken Russell
Select Language h!
Powered by Gagle Translate
Page 396 of 451
http://miami fl.igm2.conVCitizens/Dctail_LegiFile.aspx?ID=1731&highlightTerms=1741&... 1/26/2018
` ', AGENDA ITEM SUMMARY FORM
File ID: #1741
Date: 02/02/2017 Requesting Department: Office of
Transportation Management
Commission Meeting Date: 03/09/2017 District Impacted: All
Type: Resolution
Subject: Authorize Option to Renew-Trolley Advertisement Prqm. Srvcs.
Purpose of Item:
The nature of this item is to seek City Commission authorization for the City Manager to
exercise the second one (1) year option to renew for Request for Proposal (RFP)
Contract No. 272271 between the City of Miami and Outfront Media Miami, LLC,
pursuant to Resolution No. 13-0501, adopted December 12, 2013, for Trolley
Advertisement Program Services, for the Office of Transportation Management, on an
as-needed contractual basis. Further authorizing the City Manager to execute all other
documents, including any amendments, extensions, modifications, and the two(2)
remaining one (1) year options to renew, in a form acceptable to the City Attorney, as
may be necessary for said purpose.
Background of Item:
On December 12, 2013, the City Commission adopted Resolution No. 13-0501,
approving the City's award of RFP Contract No. 272271 to Van Wagner Miami, LLC for
Trolley Advertisement Program Services for the Office of Transportation Management
(formerly referred to Department of Capital Improvements and Transportation Program),
for an initial period of two (2) years, with the option to renew for four(4) additional one
(1) year periods, with each renewal period to be brought back for City Commission
approval. On April 14, 2016, the first option to renew was approved by City
Commission. On November 14, 2014, Outfront Media Miami, LLC assumed the
obligations for Van Wagner Miami, LLC under the contract and is bound by the
provisions, duties, liabilities, and obligations of such contract. The contract is Revenue
Generating.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Homeland Defense/Neighborhood Improvement Bonds
Total Fiscal Impact:
Reviewed By
Office of Transportation Management Sandra Harris Department Head
Review Completed 02115/2017 3'15 PM
Office of Management and Budget Yvette Smith Budget Analyst Review Completed 0212212017 4:10 PM
Department of Procurement Annie Perez Procurement Review Completed 02/24/2017 10:49 AM
Office of Management and Budget Chnstopher M Rose Budget Review Completed 02/24/2017 2.52 PM
City Manager's Office Alberto N.Parjus Assistant City Manager Review Completed 02/2412017 6:02 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 02124/20176:03 PM
Page 397 of 451
City Managers Office Daniel J.Alfonso City Manager Review Completed 02/2520171:16 AM
Office of the City Attorney Bamaby L.Min Deputy City Attorney Review Completed 02127/2017 1:56 PM
Office of City Attorney Victoria Mendez Approved Form and Correctness Completed 02/27/2017 2:12 PM
City Commission Todd B.Hannon Meeting Pending 03109/2017 9:00 AM
Page 398 of 451
co IIF
City of Miami
City Hall
Legislation 3500 Pan American Drive
9 Miami,FL 33133
0 it www.miamigov.com
Resolution
File Number: 1741 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXERCISE THE SECOND ONE (1) YEAR OPTION TO RENEW FOR
REQUEST FOR PROPOSAL CONTRACT NO, 272271 BETWEEN THE CITY OF
MIAMI AND OUTFRONT MEDIA MIAMI LLC, PURSUANT TO RESOLUTION NO. 13-
0501, ADOPTED DECEMBER 12, 2013, FOR TROLLEY ADVERTISEMENT
PROGRAM SERVICES FOR THE OFFICE OF TRANSPORTATION MANAGEMENT
ON AN AS NEEDED CONTRACTUAL BASIS; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, EXTENSIONS, MODIFICATIONS, AND THE TWO (2) REMAINING
ONE (1) YEAR OPTIONS TO RENEW, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE.
WHEREAS, on December 12, 2013, the City Commission adopted Resolution No. 13-
0501, approving the City of Miami's award of Request for Proposal ("RFP") Contract No. 272271
to Van Wagner Miami, LLC for trolley advertisement program services for the Office of
Transportation Management("OTM") for an initial period of two(2) years, with the option to
renew for four(4)additional one (1)year periods,with each renewal period to be brought back
for City Commission approval; and
WHEREAS, on November 14, 2014, Outfront Media Miami LLC ("Ouffront") assumed the
obligations for Van Wagner Miami, LLC under the contract and is bound by the provisions,
duties, liabilities, and obligations of such contract; and
WHEREAS, the City Manager and the OTM have indicated the need to exercise the
second one(1) year option to renew the RFP Contract No. 272271 with Outfront for trolley
advertisement program services;
NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to exercise the second one (1)year option
to renew Contract No. 272271, between the City and Outfront, pursuant to Resolution No. 13-
0501, adopted December 12, 2013, for trolley advertisement program services, for OTM.
Section 3. The City Manager is further authorized to execute all other documents,
including any amendments, extensions, modifications, and the two (2) remaining one (1)year
options to renew, in a form acceptable to the City Attorney, as may be necessary for said
purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney including but not limited to those prescribed by applicable City Charter and City Code
provisions.
Page 399 of 451
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
• e. g_
.ria dez, ity coney 2/27/2017
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 400 of 451
Titg IIi iaTttt
CONTRACT AWARD
Procurement Department
THIRD RENEWAL
RFP NO.: 272271(20)
DESCRIPTION: TROLLEY ADVERTISEMENT PROGRAM SERVICES
TERM OF CONTRACT: TWO(2)YEARS WITH THE OPTION TO RENEW FOR FOUR
(4)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD: MARCH 20,2014 THROUGH MARCH 19,2016
60 DAY CONTRACT EXTENSION: MARCH 20,2016 THROUGH MAY 19,2016
FIRST RENEWAL: MAY 20,2016 THROUGH MAY 19,2017
SECOND RENEWAL: MAY 20,2017 THROUGH MAY 19,2018
THIRD RENEWAL: MAY 20,2018 THROUGH MAY 19,2019
COMMODITY CODE: 953
rSECTION#1 -VENDOR AWARD
Outfront Media Miami,LLC "-'-_- - '- -- _—
2610 N. Miami Avenue
Miami, FL 33127
Contact: Pablo Cremashi
Phone:(305)400-7355 x101
Fax: (305)400-9991
Email:peremaschi(Woutfrontmedia.com
Contact:Jonathan Lavallee
Phone:(212)967-7333 x204
Fax: (212)967-7337
SECTION#2-AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C.AWARD DATE: DECEMBER12,2013 AMENDED AMOUNT: N/A
RESOLUTION NO: 13-0501;OTR-17-0116 INSURANCE REQUIREMENTS: YES
ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
Notes:THIRD RENEWAL:MAY 20,2018 THROUGH MAY 19,2019
SECTION#3-REQUESTING DEPARTMENT
CITY OF MIAMI,DEPARTMENT OF OCI
Contract Administrator: Irene S. Soda
Phone:(305)416-1020
Email: isodacordero(olmiamipov.com
SECTION#4-PROCURING AGENCY
CITY OF MIAMI, DEPARTMENT OF PROCUREMENT
Buyer: Richard McLaren
Phone:(305)416-1958
Prepared By: Aimee Gandarilla,2/20/18
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.MiamiCIOV.Com/procurement
INITIAL:.
Page401 of 451
situ of rni.
CONTRACT AWARD
Procurement De. meet
60 DAY CONTRACT EXTENSION
RFP NO.: 272271i20)
DESCRIPTION: TROLLEY ADVERTISEMENT PROGRAM SERVICES
TERM OF CONTRACT: TWO(2)YEARS WITH THE OPTION TO RENEW FOR FOUR
(4)ADDITIONAL ONE-YEAR PERIODS; CITY COMMISSION
APPROVAL IS REQUIRED FOR EACH RENEWAL
CONTRACT PERIOD: MARCH 20,2014 THROUGH MARCH 19,2016
60 DAY CONTRACT EXTENSION: MARCH 20,2016 THROUGH MAY 19,2016
COMMODITY CODE: 953
SECTION#1 -VENDOR AWARD
Outfront Media Miami, LLC
2610 N. Miami Avenue
Miami, FL 33127
Contact Pablo Cremashi
Phone:(305)400-7355x101
Fax (305)400-9991
Email:ocremaschi(G outfrontmedfa com
Contact Jonathan Lavallee
Phone:(212)967-7333x204':
Fax: (212)967-7337 ,
II, SECTION#2-AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES I
C.C.AWARD DATE DECEMPER12,2013 AMENDED AMOUNT. N/A
RESOLUTION NO: - 13-0501 INSURANCE REQUIREMENTS: YES
ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
Funds allocated from the various sources of funds from the user departments and agencies,{:
subject to availability of funds and budgetary approval at the time of need
Note:60 DAY CONTRACT EXTENSION: MARCH 20,2016 THROUGH MAY 19, 2016
SECTION#3-REQUESTING DEPARTMENT
DEPARTMENT OF BUILDING
Contract AdminIstrator Irene S.Earls •
Phone:(305)416-1020 • _
Email:isoriecordero@miamigovnom
SECTION#4-PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Buyer: Richard McLaren
Phone: (305)416-1958
Prepared By: Almee Gandarilla,2/23/16
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OP OUR WEEPAGE AT:
WWW ml / meet
Initis:
Page 402 of 451