Addendum 1 to RFP 33-02/03
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htt : miamibeachfl. ov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
REQUEST FOR PROPOSAL (RFP) NO. 33-02/03
MANAGEMENT & OPERATION OF THE MIAMI BEACH
CONVENTION CENTER, THE JACKIE GLEASON THEATER
OF PERFORMING ARTS, AND OTHER FACILITIES
ADDENDUM NO.1
March 18, 2003
The following changes, additional information, and answers to questions relative to the
above subject RFP, are forwarded to all known prospective bidders/proposers:
1. The deadline for submission of proposals is hereby changed from March 21, 2003
to March 28, 2003. All proposals must be received by 3:00 p.m. on
March 28, 2003, at the following address:
City Hall
3rd Floor
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida
Additions to the RFP:
1. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO
THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES WHO
PROVIDE SERVICES COVERED BY THE BID, SHALL BE PAID A LIVING WAGE
OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A LIVING
WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS.
Pursuant to Section 2-409 of the Miami Beach City Code, the contract awarded
pursuant to this RFP, shall be subject to the City's Living Wage Ordinance, as
codified in Sec. 2-408 through 2-410 in the Miami Beach City Code. A copy of the
City's Living Wage Ordinance (No. 2001-3301) is attached. In the event that the
successful proposer intends to use sub-consultants, the successful proposer shall
require such sub-consultants to comply with the City's Living Wage Ordinance.
General Clarifications to the RFP:
1. Scope of Services. Page 2 of the RFP.
The Scope of Services on page 2 of the RFP shall be clarified to include that a successful
proposer to this RFP may be selected based upon the two submittal options, as set forth in
Page 5 of the RFP (Section I-A). That is, proposers may submit proposals for either the
operation and management of both the Miami 8each Convention Center and the Jackie
Gleason Theater of the Performing Arts, or the operation and management of the Jackie
Gleason Theater of the Performing Arts only. Notwithstanding the selection of either
submittal option by proposers, all proposers must comply with the requirements ofthe
RFP relative to submission of proposals for operation and management of all or a
portion ofthe "Optional City Facilities", as defined in pages 6-7 ofthe RFP.
2. General Clarification to Section I-A of the RFP with reaard to "Optional City Facilities" (as
defined in the RFP)'
Paragraph 3 of Section I-A on page 5 of the RFP should be clarified to mean that all
proposals must include the submission of proposals to operate and manage all or a
portion of the "Optional City Facilities", as defined and described in Pages 6-7 of the
RFP. The clarification makes it consistent with the language in the rest of the RFP,
pertaining to submittal requirements for the Optional City Facilities.
3. General Clarification to Section II-Scope of Services.
The following general clarifications to Section II of the RFP, entitled "Scope of Services",
should be issued:
A. A successful proposer shall be responsible for the comprehensive management and
operation of the Miami 8each Convention Center and TOPA or, where a proposer
elects to submit only a proposal for the operation and management of TOPA,
the successful proposer will be responsible only for the comprehensive
management and operation of TOPA.
8. For proposers submitting proposals only for the management and operation of
TOPA, all references in Section II of the RFP to "City Facilities" and/or "Facilities"
shall be deemed to refer only to the Jackie Gleason Theater of the Performing Arts
(TOPA).
C. Notwithstanding the clarifications in Subheadings A and 8 above, all proposers must
submit proposals for, the operation and management of either all or portion of
the Optional City Facilities, as defined in the RFP.
4. General Clarification to Section III-Proposal Format.
In reviewing Section III(A)(3) on page 22 of the RFP, entitled "Compensation Proposal",
proposers shall further refer to Sections 111(8)(12) and (13) of the RFP. Subsections III
(8)(12) further sets forth and clarifies the procedure/requirements for submittal of (i) fee
proposals for management and operation of the Miami Beach Convention Center and
TOPA; or (ii) fee proposals for operation and rranagement of TOPA only. Section
III(B)(13), clarifies the procedure/requirements to be followed by all proposers for fee
proposals for the management and operation of all or a portion of the Optional City
Facilities.
5. General Clarification to Section IV-Evaluation/Selection Process: Criteria for Evaluation.
For proposers submitting proposals only for the management and operation for the
Jackie Gleason Theater of the Performing Arts, the references to the "Convention Center"
and "TOPA" in the following subsections:
A. IV (6)(b) - entitled "Quality of the Management Team."
B. IV (6)(d) - entitled "Marketing Plan".
shall be deemed to refer only to the Jackie Gleason Theater of the Performing Arts.
Proposers shall ensure that their proposals are in full compliance with IRS procedures
and guidelines and federal tax laws governing private business use of facilities financed
with tax-exempt bonds.
a) Fixed Fee. Proposers must propose a compensation arrangement which includes an
annual fixed management fee. Proposers must indicate whether or not all or any
part of the proposed general manager's salary is to be derived from either the fixed
management fee or the incentive fee. Any portion of the general manager's salary
which is not derived from the management or incentive fee must be included in the
staffing plan and proposed operating budgets for the Facilities.
b) Incentive Fee: Proposers must also propose an incentive fee which shall be
applicable during the operating period of the agreement.
Answers to Questions:
Q. Page 21, Maintenance and Repair, third paragraph "Authorized alterations and
additions shall be made at the successful proposer's expense." is in direct conflict
with current situation and also with listings in To Be Provided by the City of Miami
Beach section on pages 17& 18. Please clarify.
A. Maintenance and repair will be made at the City's expense.
Q. Page 22, Compensation Proposal submittal to include a separate sealed envelope. Is
number of envelopes to equal total number of copies submitted (1 original + 10
copies)? When will this (these) be opened?
A. Proposers may submit the original and all copies in one sealed envelope or
submit the original in a sealed envelope and copies in another envelope. All
proposals received will be opened on March 28, 2003 at 3:00 p.m.
Q. Please clarify City's position, and City's Bond Counsel position, on inclusion of
General Manager (and other senior staff) expenses in reimbursable operating budget
versus management fee, with respect to compliance with tax-exempt bond financing
laws.
A. The Administration is researching, and will provide answers in the next addendum that
is issued.
Q. On page 25 & 26 in Fee Proposal for Optional City Facilities, the verbiage allows for
proposer to state "fixed management fee required to operate either all or a portion of
the 'Optional City Facilities' (in the event of a portion, only fixed fees for those
facilities will be required)." Is it then at the proposer's option to effectively decline
interest in rranagement of some or all of the five "Optional City Facilities" by not
submitting management fee proposals?
A. The fixed management fee must be submitted for each of the optional facilities
in their entirety and not for a portion of the facility. The City may elect to just
contract for a portion of the facility(s) at a later date. The proposer does not
have the option to decline interest in managing any or all of the "optional city
facilities" .
Q. Is there a Central Utilities Plant which services the Miami Beach Convention Center &
JGTOPA or do they have there own capacity to generate Heat, Ventilation, and Air
Conditioning (HVAC)?
If they do have there own plant(s), do both facilities utilize the same system or are
there independent systems for the MBCC and JGTOPA?
If so, can you tell me the components of the system(s)?
Chillers
-Number of Chillers,
-Brand,
-Year installed,
- Capacity.
Boilers
-Number of Boilers,
-Brand
-Year Installed
-Capacity
Emergency Generator
-Number
-Brand
-Year Installed
-Output (KW)
-Fuel Source and Storage Capacity
For both facilities, can you tell me the capacities (floor ports, overhead and
columns access) for the following services?
Electrical
Plumbing
Compressed Air
Natural Gas
Steam
Telecommunications
Internet Services
A. The Administration is researching, and will provide answers in the next
addendum that is issued.
Q. I am having a difficult time finding the line item(s) for management fees and incentives
in the budgets provided. Can you tell me where I would find these items and if they
are included in the line-item budgets or are they carried below the final net operating
income line?
Q. How will $15,000 guaranty payable and when is it refundable?
A. The $15,000 guaranty is payable by bid bond, cashier's check, money order or
letter of credit from a banking institution or surety company. Unsuccessful
proposers will be refunded immediately (within 48 hours) after the City
commission decision is made. Successful proposer(s) are refunded upon the
execution of a contracted agreement.
Q. Optional Facility Fee proposal must it be in a sealed envelope?
A. Yes.
Q. As it relates to fixed Management Fee. Should the General Manager's salary be
as separate line item?
A. Any portion of the general manager's salary which is not derived from the
management or incentive fee must be included in the staffing plan and
proposed operating budgets for the Facilities.
Should you have questions relative to matters of process or procedure, I may be reached by
phone: 305.673.7490; e-mail: guslopez@miamibeachfl.gov or fax: 305.673.7851.
Requests for additional information or clarifications must be made in writing to this office,
with a copy to the City Clerk.
CITY OF MIAMI BEACH
///""
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Gus Lopez, CPPO
Procurement Director
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING
DIVISION 6, TO BE ENTITLED "LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH
CITY CODE ENTITLED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR CITY
SERVICE CONTRACTS AND ESTABLISHING A LIVING
WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach awards private firms contracts to provide services for
the public. The City also provides financial assistance to promote economic development and job
growth. Such expenditures of public money also serve the public purpose by creatingjobs, expanding
the City's economic base, and promoting economic security for all citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose to
promote the creation of full-time, permanent jobs that allow citizens to support themselves and their
families with dignity. Sub-poverty level wages do not serve the public purpose. Such wages instead
place an undue burden on taxpayers and the community to subsidize employers paying inadequate
wages by providing their employees with social services such as health care, housing, nutrition, and
energy assistance. The City has a responsibility when spending public funds to set a community
standard that permits full-time workers to live above the poverty line. Therefore, contractors and
subcontractors of City service contracts should pay their employees nothing less than the living wage
herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private firms,
the City wishes to serve as an example by providing a living wage to all City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Living Wage Requirements for City Contracts", of Article VI,
entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration" is
hereby created to read as follow:
Chapter 2
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ADMINISTRATION
* * *
Article VI. Procurement
* * *
Division 6. Living Wage Requirements for Service Contracts and City Employees
* * *
Section 2-407.
Reser-led
Definitions
@l "City" means the aovernment of Miami Beach or any authorized aaents. any
board. aaency. commission. department. or other entity thereof. or any successor
thereto.
{Ql "Covered Emplovee" means anyone emploved by the City or any Service
Contractor. as further defined in this Division. either full or part time. as an emplovee
with or without benefits or as an independent contractor.
M "Covered Emplover" means the City and any and all Service Contractors.
whether contracting directly or indirectlv with the City. and subcontractors of a
Service Contractor.
@ "Service Contractor" is any individual. business entity. corporation (whether
for profit or not for profit). partnership. limited liability company. ioint venture. or
similar business who is conducting business in Miami Beach. or Miami Dade County.
and meets one (1) of the two (2) followina criteria:
(1) The Service Contractor is:
(a) paid in whole or part from one or more of the City's aeneral fund. capital proiect
finds. special revenue funds. or any other funds either directlv or indirectly. whether
bv competitive bid process. informal bids. reauests for proposals. some form of
solicitation. negotiation. or aareement. or any other decision to enter into a contract;
or
(b) enaaged in the business of. or part of. a contract to provide. a subcontract to
provide. or similarlv situated to provide. services. either directlv or indirectlv for the
benefit of the City. However. this does not applv to contracts related primarilv to the
sale of products or goods.
W "Covered Services" are the type of services purchased bv the City that are
subiect to the reauirements of this Division which include the followina:
ill City Service Contracts
Contracts involvina the Citv's expenditure of over $100.000 per year and
which include the following types of services:
ill food preparation and/or distribution:
{21 security services:
ill routine maintenance services such as custodial. cleaning.
computers. refuse removal. repair. refinishina. and recvcling:
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ffi clerical or other non-supervisorv office work. whether
temporarv or permanent:
@ transportation and parkina services;
@1 printina and reproduction services;
illlandscapina. Lawn. and or agricultural services; and
.@l park and public place maintenance
(2) Should any services that are bein!! nerfonned bv City Emolovees at the time this
ordinance is enacted be solicited in the future bv the City to be oerfonned bv a Service
Contractor. such services shall be Covered Services subiect to this Division.
SECTION 2-408. Reser-led LIVING WAGE
(a) Livina Wage Paid.
(1 ) Service Contractors.
All Service Contractors. as defined by this Division. enterina into a
contract with the City of Miami Beach shall pay to all its employees who
provide services covered by this Division. a Iivina waae of no less than
$8.56 an hour with health benefits. or a Iivina waae of not less than
$9.81 an hour without health benefits. as described in this Section.
(2) City Employees.
For City Employees under the City pay plan. the City will beain to pay a
Iivina waae consistent with the aoals and terms of this Division on
phase-in basis beainnina in the 2001-2002 City budaet year. increasina
on an annual basis incrementally so that the Livina Waae is fully
implemented for City employees in the 2003-2004 City budaet year as
may be adiusted pursuant to subsection tc) below. Thereafter. the
Livina Waae to be Daid bv the City to its emDlovees shall not be subiect
to the annual indexina usina the Consumer Price Index for all Urban
Consumers tCPI-Ul reauired under subsection tcl below and instead
shall be subiect to neaotiations within the collective baraainina
structure.
(b) Health Benefits. For a Covered Employer or the City to comply with the
liyina waae
provision by choosina to pay the lower waae scale available when a Covered
Employer also provides health benefits. such health benefits shall consist of
payment of at least $1.25 per hour towards the provision of health care
benefits for Covered Employees and their dependents. If the health benefits
plan of the Covered Employer or the City reauires an initial period of
employment for a new employee to be eliaible for health benefits (eliaibilitv
period) such Covered Employer or City may aualify to pay the $8.56 per hour
waae scale durina the new employee's initial eliaibilitv period provided the new
employee will be paid health benefits upon completion of the eliaibilitv period.
Proof of the provision of health benefits must be submitted to the awardina
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authority to Qualify for the wa~e rate for employees with health benefits.
(c) Indexina. The Iivina waae will be automaticallv indexed each vear usina the
Consumer Price Index for all Urban Consumers (CPI-U) unless the City
Commission determines it would not be fiscallv sound to implement the
CPI-U in a particular vear.
(d) Certification Required Before Payment. Any and all contracts for Covered
Services shall be void. and no funds may be released. unless prior to
enterina any aareement with the City for a Covered Services contract. the
employer certifies to the City that it will pay each of its employees no less
than the Iivina waae described in Section 2-408 (a). A COpy of this
certificate must be made available to the public upon reQuest. The
certificate. at a minimum. must include the followina:
ill the name. Address. and phone number of the employer. a
local contact person. and the specific proiect for which the
Covered Services contract is souaht:
m the amount of the Covered Services contract and the City
Department the contract will serve:
ill a brief description of the proiect or service provided:
t!l a statement of the waae levels for all employees: and
!ID. a commitment to pay all employees a Iivina waae. as defined
by para~raph Section 2-408 (a).
(e) Observation of Other Laws. Eyerv Covered Employee shall be paid not less
than biweekly. and without subseauent deduction or rebate on any account
(except as such payroll deductions as are directed or permitted by law or
by a collective bar~ainina aareement). The Covered Employer shall pay
Covered Employees waae rates in accordance with federal and all other
applicable laws such as overtime and similar waae laws.
(f) Postina. A COpy of the Iivina waae rate shall be kept posted by the Covered
Employer at the site of the work in a prominent place where it can easily be
seen and read by the Covered Employees and shall be supplied to the
employee within a reasonable time after a reauest to do so. Postina
reQuirements will not be reauired where the Covered Employer prints the
followin~ statements on the front of the Covered Employee's first paycheck
and everv six months thereafter: "You are reauired by City of Miami Beach
law to be paid at least $8.56 dollars an hour. If you are not paid this hourly
rate. contact your employer. an attorney. or the City of Miami Beach." All
notices will be printed in EnQlish. Spanish. and Creole.
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(g) Collective Barqaininq. Nothina in this Division shall be read to reauire or
authorize any Covered Employer to reduce waaes set by a collective
baraainina aareement or are reauired under any prevailina waae law.
SECTION 2-409. Reser/ed
IMPLEMENTATION
W Procurement Specifications. The living wage shall be required in the procurement
specifications for all City service contracts for Covered Services on which bids or proposals
shall be solicited on or after the effective date of this Division. The procurement
specifications for applicable Covered Services contracts shall include a requirement that
Service Contractors and their subcontractors agree to produce all documents and records
relating to pavroll and compliance with this Division upon request from the City. All Covered
Service contracts awarded subsequent to the date when this Division becomes effective. shall
be subiect to the requirements of this Division.
Oil Information Distributed. All requests for bids or requests for proposals for Covered
Services contracts of $100.000 or more shall include appropriate information about the
requirements of this Division.
W Maintenance of Payroll Records. Each Covered Employer shall maintain payrolls for
all Covered Employees and basic records relating thereto and shall preserve them for a
period of three (3) years or the term of the Covered Services contract. whichever is
greater. The records shall contain:
(1) the name and address of each Covered Employee:
(2) the iob title and classification:
(3) the number of hours worked each day:
(4) the gross wages earned and deductions made:
(5) annual wages paid:
(6) a copy of the social security returns and evidence of payment
thereof:
(7) a record of fringe benefit payments including contributions to
approved plans: and
(8) any other data or information this Division should require from
time to time.
@ Reportinl! Payroll. Everv six (6) months. the Covered Emplover shall file with the
Procurement Director a complete pavroll showing the Covered Emplover's payroll
records for each Covered Emplovee working on the contract( s) for Covered Services for
one pavroll period Upon request from the City. the Covered Employer shall produce for
inspection and copying its payroll records for any or all of its Covered Employees for any
period covered by the Covered Service contract. The City mav examine payroll records
as needed to ensure compliance.
SECTION 2-410. Reserved
COMPLIANCE AND ENFORCEMENT.
(a) Seryice Contractor to Cooperate. The Service Contractor shall permit City employees.
agents, or representatives to observe work being performed at. in or on the proiect or matter
for which the Service Contractor has a contract. The City representatives may examine the
books and records of the Service Contractor relating to the employment and payroll to
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determine if the Service Contractor is in compliance with the provisions of this Division.
(b) Complaint Procedures and Sanctions.
(1) An employee who believes that this Division applies or applied to him or
her and
that the Service Contractor, or the City, is or was not complying with the requirements of
this Division has a right to file a complaint with the Procurement Director of the City.
Complaints by employees of alleged violations may be made at any time and shall be
investigated within thirty (30) days by the City. Written and oral statements by an
employee shall be treated as confidential and shall not be disclosed without the
written consent of the employee to the extent allowed bv the Florida Statutes.
(2) Any individual or entity may also file a complaint with the Procurement Director
of the City on behalf of an employee for investigation by the City.
(3) It shall be the responsibility of the City to investigate all allegations of violations
of this Division within thirty (30) days. If. at any time. the City. upon investigation
determines that a violation of this Division has occurred. it shall. within ten (10)
working davs of a [mding of non-compliance. issue a notice of corrective action to the
emplover specifving all areas of non-compliance and deadlines for resolutions of the
identified violations. If a Service Contractor fails to comply with anv notice issued.
the City Manager or the City Manager's designee may issue an order in writing to the
Service Contractor, by certified mail or hand deliverv, notifying the Service
Contractor to appear at an administrative hearing before the City Manager or the City
Manager's designee to be held at a time to be fixed in such order. which date shall be
not less than five (5) days after service thereof.
(4) The proceedings shall be informal. but shall afford the Service Contractor the right
to testify in the Service Contractor's own defense, present witnesses. be
represented by counsel. submit relevant eyidence. cross examine witnesses and
obiect to evidence.
(5) The proceedings shall be recorded and minutes kept by the City. Anv Service
Contractor requiring verbatim minutes for iudicial review may arrange fur the
services of a court reporter at the expense of the Service Contractor.
(6) Within ten (10) days of the close of the hearing. the City Manager or the City
Manager's designee shall render a decision in writing determining whether or not
the Service Contractor is in compliance. or whether other action should be taken.
or whether the matter should be continued, as the case mav be. and stating the
reasons and [mdings of fact.
(7) The City Manager or the City Manager's designee shall file findings with the City
Clerk. and shall send a true and correct copv of his order bv certified mail. return
receipt requested, or by hand deliverv. to the business address as the Service
Contractor shall designate in writing.
(8) The City Manager's or designee's findings shall constitute the [mal administrative
11 of 13
action of the City for purposes of iudicial review under state law.
(9) If a Service Contractor fails to seek timelv appellate review of an order of the
City Manager or the City Manager's designee, or to complv timelv with such
order. the City mav pursue the enforcement of sanctions set forth in Section 2-410
@
(c) Private Right of Action Against Service Contractor Anv Covered Emplovee of or
former Covered Emnlovee of a Service Contractor mav instead of utilizing the City
administrative orocedure set forth in this Division, but not in addition to such orocedure. bring
an action bv filing suit against the Covered Emnlover in anv court of competent iurisdiction to
enforce the provisions of this Division and mav be awarded back pav. benefits, attornev's
fees and costs The anplicable statute oflimitations for such a claim will be two (2) vears as
provided in Florida Statutes Section 95.1 H4)(C) for an action for navrnent of wages The
court mav also impose sanctions on the Service Contractor including those persons or entities
aiding or abetting the Service Contractor to include wage restitution to the affected Covered
Emplovee and damages pavable to the Covered Emplovee in the sum of UP to $500 for each
week each Service Contractor is found to have violated this Division
(d) Sanctions Aeainst Service Contractors. For violations of this Division. the City shall
sanction a Service Contractor bv requiring the Service Contractor to pav wage restitution
at the emplovers expense for each affected emplovee and mav access the following:
(I) The City may impose damages in the sum of$500 for each week for each
employee found to have not been paid in accordance with this Division;
and/or
(2) The City may suspend or terminate pavrnent under the Covered Services
contract or terminate the contract with the Service Contractor; and/or
(3) The City may declare the employer ineligible for future service contracts
for three (3) years or until all penalties and restitution have been paid in full.
whichever is longer. In addition. all employers shall be ineligible under this
section where principal officers ofthe employer were principal officers of an
employer who violated this Division.
( e) Public Record of Sanctions. All such sanctions recommended or imposed shall be a
matter of public record.
(f) Sanctions for Aiclin!!: and Abettin!!:. The sanctions in Section 2-410 (c) shall also apply
to any party or parties aiding and abetting in any violation ofthis Division.
(g) Retaliation and Discrimination Barred. A Covered Employer shall not discharge.
reduce the compensation. or otherwise discriminate against any Covered Employee for
making a complaint to the City. or otherwise asserting his or her rights under this Division.
participating in any of its proceedings or using any civil remedies to enforce his or her
rights under this Division. Allegations of retaliation or discrimination. if found true in a
proceeding under paragraph (b) or by a court of competent iurisdiction under paragraph
(c). shall result in an order of restitution and reinstatement of a discharged Covered
Employee with back pay to the date of the violation or such other relief as deemed
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appropriate.
(h) Enforcement Powers. If necessary for the enforcement oHhis Division. the City) u;s_:
Commission may issue subpoenas. compel the attendance and testimony of witnesses and
production of books. papers. records. and documents relating to payroll records necessary for
hearing. inyestigations. and proceedings. In case of disobedience of the subpoena. the City
Attorney may apply to a court of competent iurisdiction for an order requiring the attendance
and testimony of witnesses and production of books, papers. records. and documents. Said
court, in the case of the refusal to obey such subpoena. after notice to the person subpoenaed,
and upon fmding that the attendance or testimony of such witnesses of the production of such
books. papers. records. and documents. as the case may be. is releyant or necessary for such
hearings. inyestigations. or oroceedings. may issue an order requiring the attendance or
testimony of such witnesses or the production of such documents and any violation of the
court's order may be punishable by the court as contempt thereof.
(i) Remedies Herein Non-Exclusive. No remedv set forth in this Diyision is intended to
be exclusive or a prerequisite for asserting a claim for reliefto enforce the rights under this
Division in a court oflaw. This Division shall not be construed to limit an employee's right to
bring a common law cause of action for wrongful termination.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
returned.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 28th
day of April , 2001.
PASSED and ADOPTED this 18th
day of April
,2001.
J/Jf1 MAYOR
ATTEST:
t41 u.J' fa t. d\.V\.-
CITY OF MIAMI BEACH
170 CONVENTION ENTER DRIVE MIAMI BEA
http:\\miamibeachfl.gov
PROCUREMENT DIVISION
7490
Telephone (305) 673-
Facsimile (305) 673-7851
REQUEST FOR PROPOSAL (RFP) NO. 33-02/03
MANAGEMENT & OPERATION OF THE MIAMI BEACH
CONVENTION CENTER, THE JACKIE GLEASON THEATER
OF PERFORMING ARTS, AND OTHER FACILITIES
ADDENDUM NO.2
March 21, 2003
The following changes, additional information, and answers to questions relative to the
above subject RFP, are forwarded to all known prospective bidders/proposers:
General Clarifications to the RFP:
Q. "Please clarify City's position, and City's Bond Counsel position, on inclusion of
General Manager (and other senior staff) expenses in reimbursable operating budget
versus management fee, with respect to compliance with tax-exempt bond financing
laws."
A. The salaries and wages of the General Manager and the executive staff will not be
considered as reimbursable expenses. Further, the delineation of "executive staff"
needs to be determined by the proposer and how they interpret the language and
their own staffing plan.
Performance and Payment Bond: The successful proposer(s} will be required to provide a
Performance and Payment Bond, each for 100% of the awarded contract amount.
Should you have questions relative to matters of process or procedure, I may be reached by
phone: 305.673.7490; e-mail: guslopez@miamibeachfl.gov or fax: 305.673.7851.
Requests for additional information or clarifications must be made in writing to this office,
with a copy to the City Clerk.
CITY OF MIAMI BEACH
P/y/
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Gus Lopez, CPPO
Procurement Director
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
Procurement Division
Telephone 305.673.7495
Facsimile 305.673.7851
March 25, 2003
RE: ADDENDUM NO.3 TO REQUEST FOR PROPOSAL (RFP) NO. 33-02103 -- MANAGEMENT &
OPERATION OF THE MIAMI BEACH CONVENTION CENTER, THE JACKIE GLEASON THEATER OF
PERFORMING ARTS, AND OTHER FACILITIES
The following changes, additional information, and answers to questions relative to the above subject RFP, are
forwarded to all known prospective bidders/proposers:
Prospective Proposer Inquiry: Please see the below request for clarification regarding Amendment 2:ln the
over 150 facilities that are tax code-compliant for which management agreements exist with our company,
there are no municipalities that have interpreted on-site staff as "Executive Staff". "Executive Staff' has always
been interpreted as off-site corporate employees performing corporate functions in our regional or main
offices. Please inform as to what bond counsel position is as soon as possible, in light of the Friday deadline.
City's Response: The salaries and wages of the General Manager and his/her executive staff will not be
considered as reimbursable expenses. Further, the delineation of "executive staff" needs to be determined by
the proposer and how they interpret the language and their own staffing plan.
Deletion: the "Fee Proposal Form Cover" listed under Section VII- proposal documents to be completed and
returned to city, is hereby deleted, and does not need to be returned with proposal.
Important Reminder: The deadline for submission of proposals remains unchanged: by 3:00 p.m. on
Friday, March 28, 2003, at the following address:
City Hall
3'd Floor
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida
Should you have questions relative to matters of process or procedure, I may be reached by phone:
305.673.7490; e-mail: guslopez@miamibeachfl.gov or fax: 305.673.7851. Requests for additional information
or clarifications must be made in writing to this office, with a copy to the City Clerk.
CITY OF MIAMI BEACH
/7 ~,p
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Gus Lopez, CPPO, CPPB
Procurement Director
F:\PURC\$ALL\Michelle\RFP 02-03\CONV. CENTER MGMTIaddendum 3 for RFP33.doc
City of Miami Beach
lD
---
RFP NO. 33-02/03
REQUEST FOR PROPOSALS FOR
MANAGEMENT AND OPERATION OF THE MIAMI BEACH
CONVENTION CENTER, THE JACKIE GLEASON THEATER
OF PERFORMING ARTS, AND OTHER FACILITIES
A PRE.PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 A.M.
ON MARCH 7, 2003, IN THE CITY MANAGER'S LARGE CONFERENCE ROOM,
LOCATED AT CITY HALL, FOURTH FLOOR, 1700 CONVENTION CENTER DRIVE,
MIAMI BEACH, FLORIDA
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN MARCH 21, 2003 AT 3:00 P. M.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
F:\PURC\$ALL \ GUS\RFP\ConventionCenterFinal.doc
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 1 of 72
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
www,miamibeachfl.gov
Procurement Division
Telephone 305.673.7490
Facsimile 305.673.7851
Request for Proposals (RFP) No. 33-02/03
Sealed proposals will be received by the City of Miami Beach (City), Procurement
Division, Forth Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, until
3:00 p.m. on March 21, 2003 for:
MANAGEMENT AND OPERATION OF THE MIAMI BEACH
CONVENTION CENTER, THE JACKIE GLEASON THEATER
OF PERFORMING ARTS, AND OTHER FACILITIES
At time, date, and place above, proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSER UNOPENED.
PROPOSALS WILL BE ACCEPTED FOR THE MANAGEMENT AND
OPERATION OF THE MIAMI BEACH CONVENTION CENTER AND JACKIE
GLEASON THEATER OF PERFORMING ARTS; WITH AN OPTION TO MANAGE
AND/OR MARKET OTHER CITY CULTURAL FACILITIES.
Scope of Services:
The successful proposer will be responsible for the complete management and
operation of the Miami Beach Convention Center and the Jackie Gleason Theater of
Performing Arts. The successful proposer shall furnish all management, supervision,
labor, and services consistent with generally accepted operations of a first-class
Convention Center and/or Theater, and shall be responsible for the maintenance of the
buildings and equipment and marketing of the facilities management of various product
and service providers; coordination of facilities utilization and scheduling.
The City may also elect to contract with the successful proposer to manage and/or
market other City cultural facilities such as the Byron-Carlyle Theater, the Acorn
Theater, the bandshell and/or the Colony Theater, during the term of the contract. The
City believes that the successful proposer will provide the added benefit of being
financially capable of promoting events, providing marketing expertise and obtaining
operational efficiencies for the other City venues.
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR MARCH 7, 2003 IN THE
CITY MANAGER'S SMALL CONFERENCE ROOM, LOCATED AT CITY HALL, 1700
CONVENTION CENTER DRIVE, FOURTH FLOOR, MIAMI BEACH, FLORIDA.
PLEASE BE ADVISED THAT ANY AND ALL EXHIBITS REFERENCED HEREIN
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24, 2003 Page 2 of 72
WILL BE DISTRIBUTED AT THE PRE-PROPOSAL MEETING ON MARCH 7, 2003. IF
INTERESTED PROPOSERS ARE NOT ABLE TO ATTEND THE PRE-PROPOSAL
MEETING, THEN ANY AND ALL EXHIBITS WILL BE DISTRIBUTED UPON
REQUEST.
The City has contracted with DemandStar by Onvia as our electronic procurement
service for automatic notification of bid opportunities and document fulfillment. We
encourage you to participate in this bid notification system. To find out how you can
receive automatic bid notifications or to obtain a copy of this Bid, go to
www.demandstar.com or call toll-free 1-800-711-1712, and request Document #
333. Subscribing to DemandStar by Onvia's bid notification system is not a
requirement. You will still be able to find bid information and download documents
through the City's website (www.miamibeachfl.gov).FromtheCity.shomepage.click
on "Online Services", select Request Bid Information and Bid Status and follow the
instructions.
Any questions or clarifications concerning this RFP shall be submitted in writing by mail
or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139, or FAX: (305) 673-7851. All responses to questions/clarifications will
be sent to all prospective bidders in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS BID IS SUBJECT TO THE "CONE OF
SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY OF ALL
WRITTEN COMMUNICATION (S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS RFP IS SUBJECT TO THE "CODE CF
BUSINESS ETHICS" IN ACCORDANCE WITH RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER
AS A LOBBYIST, AND AS OF MAY 18, 2002, ACCORDING TO ORDINANCE NO.
2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL
DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 3 of 72
TABLE OF CONTENTS
PAGES
I. OVERVIEW AND PROPOSAL PROCEDURES 5 -14
II. SCOPE OF SERVICES 15 - 22
III. PROPOSAL FORMAT 23-27
IV. EV ALUA TION/SELECTION PROCESS
AND CRITERIA FOR EVALUATION 28 - 29
V. GENERAL PROVISIONS 29
VI. SPECIAL TERMS AND CONDITIONS (INSURANCE) 30 -31
VII. PROPOSAL DOCUMENTS TO BE COMPLETED 32 - 40
AND RETURNED TO CITY
VIII. ATTACHMENTS 41
IX. LOBBYISTS ORDINANCE 42 - 45
X. CONE OF SILENCE ORDINANCE 46 - 49
XI. DEBARMENT ORDINANCE 50 - 52
XII. CODE OF BUSINESS ETHICS 52 - 55
XIII. PROTEST PROCEDURE ORDINANCE 56 - 60
XIV. FEE DISCLOSURE 61 - 72
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 4 of 72
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach (City) is requesting proposals for the operations and
management of:
1. The Miami Beach Convention Center (the Convention Center) and the Jackie
Gleason Theater of the Performing Arts (TaPA) (effectively referred to as the
"City Facilities" or the "Facilities");
and/or
2. The Jackie Gleason Theater of the Performing Arts only.
Additionally, all proposals must include the submission of the proposals to
operate and manage the "Optional City Facilities" defined and described in pages
4-5 of this Request for Proposal (RFP).
The City has operated a Convention Center since 1958. The Convention Center
was expanded in 1968, 1974, and was again expanded and totally renovated in
1987. Over the past five (5) year period, the City has invested an additional $35
million in capital improvements to the City facilities. The Convention Center is
approximately 1.1 million gross square feet with approximately 502,000 square
feet of exhibition space. (Exhibit A)
The Convention Center has seventy-four (74) full-time and two (2) part-time
budgeted employee positions and the TaPA cLl"rently has seven (7) full-time and
three (3) part-time budgeted employee positions. (Exhibit B)
The 2002/03 budget for the Convention Center is $7,738,3041and for TaPA is
$1,168,108, as detailed in Exhibit C.
The City is currently a party to an Interlocal Agreement with the Greater Miami
Convention and Visitors Bureau (Bureau), for the joint promotion and booking of
the Miami Beach Convention Center to the convention, conference, and meeting
market. All convention bookings are as a direct result of the Bureau and current
Convention Center management. The City has adopted a booking policy for the
Miami Beach Convention Center (Exhibit D) that states that reservations more
than twenty-four (24) months in advance are normally handled through the
Bureau. Current bookings for the Convention Center are illustrated in Exhibit E.
1Does not include depreciation, management service fee, or debt service.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 5 of 72
The booking policy for the TOPA is shown in Exhibit F.
Optional City Facilities
The City at its option, elects to contract with the successful proposer to manage
and operate all or some of the following City cultural facilities (hereinafter referred
to as the "Optional City Facilities"), and/or any other public facility deemed to be
in the City's best interest, during the term of the contract.
Byron-Carlvle Theater
The Byron Carlyle Theater consists of approximately 11,500 sf of theater use
area including a 339-seat performance theater with 183 seats on the first level
and 156 seats in the mezzanine level. The theater area also includes a lobby
area, back stage dressing rooms, and PDA compliant restrooms. The theater
sits within a 26,000 sf Structure with 20,667 sf on the ground floor and 5,333 sf
on 2nd Floor mezzanine, projection, and storage areas. The facility also houses
approximately 3,200 sf of space for local arts groups' offices. Future renovations
of the balance of the facility are contemplated that may include rehearsal space
or additional performance facilities. A building and theater floor plan is attached.
Colony Theater
The Colony Theater is undergoing extensive restoration and renovation. The
$6.3 million Project calls for the removal of the rear 45 feet of existing building,
construction of a new state-of-the-art stage house, small second and third floor
service areas behind the stage, a fourth floor "Backstage" area, elevator, stairs,
and the addition of a new vestibule and exterior access ramp to provide ADA
access to the stage. The historic preservation scope involves removing the
existing marquee and storefront on Lincoln Road to its original historic
appearance and modifying the interior lobby, office and concession area to be
more consistent with the building's original design. Demolition of the stage
house and non-historic elements are almost complete and construction of the
shell is set to begin towards the end of January. The Project, which is
anticipated to be completed in Winter, 2004, will contain between 427 to 440
seats.
Bandshell
The Bandshell is located in North Shore Park at the corner of Collins Avenue and
73rd Street. It is an open-air performance space within a walled and
gated enclosure. The historic MiMo structure was designed in 1961 by noted
local architect, Norman Giller. The facility is fire-rated to accommodate up to
1,000 persons; however, portable seating is only available for 200-300 persons.
The partially covered stage is approximately 20' x 30'. Backstage facilities are
minimal. The entire facility is in need of renovation, including basic sound and
lighting systems. Current uses include cultural performances, dances and roller-
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24, 2003 Page 6 of 72
skating.
Little Staae Theater/Acorn Theater
The Little Stage Theater is a small theater, approximately 900 square feet with
seating for approximately 75, that is used primarily for live theater, other
performing arts programs and drama workshops. The stage area is
approximately 260 square feet and has a very small space behind the stage that
is generally used as a dressing area. There are both men's and women's
restrooms and a drinking fountain. The facility is accessible and ADA compliant.
The Little Stage Theater is part of the 21 st Street Recreation Center which is
also comprised of a main recreation building which includes the administrative
offices for Parks and Recreation, The Clubhouse/Bass Art School Technology
Center and a Bandshell/Amphitheater. On-street parking is available though not
adequate to serve the needs of the facility.
The Acorns Civic Theatre, a/k/a "The Acorns", are a non profit community theater
group, chartered in 1960, dedicated to developing and nurturing talent by and for
the citizens of Miami Beach.
Rotunda
Built in 1962 as part of the Miami Public Library complex at Collins Park (2100
Collins Ave), the Rotunda is a cylindrical structure, 20 feet high and 50 feet in
diameter. The Rotunda is situated on the northwest corner of Collins Park near
the corner of 22nd Street and Collins Avenue. The structure is noted for its
historically noteworthy, sand molded, pre-cast concrete panels created by artist
Albert Vrana as well as for its moat and light motifs that surround the building's
exterior.
The Rotunda is a basic meeting facility used for lectures, screenings, theater and
other events. Upon demolition of the 1962 Miami Beach Public Library, the
Rotunda will be separated from its electric and plumbing power sources. A
master plan effort is currently underway to foresee design options to preserve the
historic design elements and modern function of this building.
Other Citv Facilities not described herein
The City reserves the right, at its option, to negotiate with the successful
proposer to add other public facilities for management and operation, as may be
deemed in the City's best interest.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 7 of 72
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Pre-Proposal conference .................. .......
March 7, 2003
Deadline for receipt of questions ................
March 14, 2003
Deadline for receipt of proposals ................
March 21, 2003
Evaluation committee meeting....................
Week of April 7, 2003
Commission approval, authorization of
negotiations, and contract award ................
April 2003
C. PROPOSAL SUBMISSION
A visibly marked original plus ten (10) copies of complete proposal must be
received in the City's Procurement Division, 1700 Convention Center Drive, 3d
Floor, by 3:00 p.m. on March 21, 2003. All imely received proposals will be
opened on that day at that time. The original and all copies must be submitted to
the Procurement Division in a sealed envelope or container stating on the outside
the Proposer's name, address, telephone number, RFP number and title, and
proposal due date.
The responsibility for submitting a response to this RFP to the Procurement
Division on or before the stated time and date will be solely and strictly that of the
Proposer. The City will in no way be responsible for delays caused by the U.S.
Post Office or caused by any other entity or by any occurrence. PROPOSALS
RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE
ACCEPTED AND WILL NOT BE CONSIDERED.
D. PRE-PROPOSAL CONFERENCE
A pre-proposal conference has been scheduled as follows:
Date: March 7, 2003
Time: 10:00 a.m.
Place: City Hall
City Manager's Large Conference Room
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida.
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24, 2003
Page 8 of 72
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is Gus Lopez, Procurement Director. Mr. Lopez
may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
guslopez@miamibeachfl.gov. Communications between a proposer, bidder,
lobbyist or consultant and the Procurement Division is limited to matters of
process or procedure. Requests for additional information or clarifications must
be made in writing to the Procurement Director, with a copy to the City Clerk, no
later than the date specified in the RFP timetable.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding
to the RFP. Proposers should not rely on representations, statements, or
explanations other than those made in this RFP or in any written addendum to
this RFP. Proposers should verify with the Procurement Division prior to
submitting a proposal that all addenda have been received.
F. CONE OF SILENCE
YOU ARE HEREBY ADVISED THAT THIS BID IS SUBJECT TO THE "CONE
OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378 (COpy
ATTACHED). A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING
THIS BID MUST BE FILED WITH THE CITY CLERK.
G. MODIFICATION/WITHDRAWALS OF PROPOSALS
A Proposer may submit a modified proposal to replace all or any portion of a
previously submitted proposal up until the proposal due date and time.
Modifications received after the proposal due date and time will not be
considered.
Qualifications shall be irrevocable until contract award unless withdrawn in
writing prior to the proposal due date or after expiration of 120 calendar days
from the opening of proposals without a contract award. Letters of withdrawal
received after the proposal due date and before said expiration date and letters
of withdrawal received after contract award will not be considered.
H. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of
any and all, proposals; re-advertise this RFP; postpone or cancel, at any time,
this RFP process; or waive any irregularities in this RFP, or in any proposals
received as a result of this RFP.
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003 Page 9 of 72
I. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the
City, or any work performed in connection therewith, shall be the sole
responsibility of the Proposer(s) and shall not be reimbursed by the City.
J. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what alternative is being offered. The City, at its
sole and absolute discretion, may accept or reject the exceptions. In cases in
which exceptions are rejected, the City may require the Proposer to furnish the
services or goods originally described, or negotiate an alternative acceptable to
the City.
K. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response
to this RFP will be available for public inspection after opening of proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
L. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without
discussion, or may require Proposers to give oral presentations based on their
qualifications. The City reserves the right to enter into negotiations with the top-
ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a
mutually acceptable contract, the City may terminate the negotiations and begin
negotiations with the second-ranked Proposer. This process may continue until
a contract has been executed or all proposals have been rejected. No Proposer
shall have any rights in the subject project or property or against the City arising
from such negotiations.
M. FINANCIAL STABILITY AND STRENGTH
The bidder must be able to demonstrate a good record of performance and have
sufficient financial resources to ensure that they can satisfactorily provide the
goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request. Such
statements should include, as a minimum, balance sheets (statements of
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003 Page 10 of 72
financial position) and statements of profit and loss (statement of net income).
When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in
the Joint Venture must submit financial statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an
ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution
proceeding, or if a trustee or receiver has been appointed over all or a substantial
portion of the property of the Bidder/Proposer under federal bankruptcy law or
any state insolvency, may be declared non-responsive.
N. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with, and comply with, all Federal, State
and local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and
guidelines. Ignorance on the part of the Proposer will in no way relieve it from
responsibility for compliance.
O. DEFAULT
Failure or refusal of a Proposer to execute a contract following award by the City
Commission, or untimely withdrawal of a proposal before such award is made
and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City. Where surety is not required, such failure may
result in a claim for damages by the City and may be grounds for removing the
Proposer from the City's vendor list.
P. CONFLICT OF INTEREST
All Proposers must disclose with their proposal the name(s) of any officer,
director, agent, or immediate family member (spouse, parent, sibling, and child)
who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an
interest of ten (10%) percent or more in the Proposer or any of its affiliates.
Q. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Proposers shall ensure that all City
of Miami Beach Lobbyist laws are complied with, and shall be subject to any and
all sanctions, as prescribed herein, in addition to disqualification of their
qualifications, in the event of such non-compliance.
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 11 of 72
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting
the full performance of the contract. Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations
will not relieve the successful Proposer from any obligation to comply with every
detail and with all provisions and requirements of the contract documents, and
will not be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the Proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer be legally
considered to be an independent contractor and that neither the Proposer nor the
Proposer's employees and agents shall, under any circumstances, be considered
employees or agents of the City.
T. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant
under a contract with a public entity , and may not transact business with any
public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
U. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFP is further subject to City of Miami
Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are
strongly advised to review the City's Debarment Ordinance. Debarment may
constitute grounds for termination of the contract, as well as, disqualification from
consideration on any City of Miami Beach RFQ, RFP, RFU, or bid.
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 12 of 72
V. CODE OF BUSINESS ETHICS
Pursuant to Resolution No.2000-23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
W. PROTESTED SOLICITATION AWARD
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344, which
establishes procedures for resulting protested bids and proposed awards.
Protest not timely made pursuant to the requirements of Ordinance No.
2002.3344 shall be barred.
X. AMERICAN WITH DISABILITIES ACT
Call (305) 673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305.673.7080.
Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
Z. LOBBYISTS
Pursuant to the City Code, you are required to register as a Lobbyist, and as of
May 18, 2002, according to Ordinance No. 2002-3363, all Lobbyists and
Principals must file a financial disclosure statement with the City Clerk's Office.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 13 of 72
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 14 of 72
SECTION II . SCOPE OF SERVICES
The successful proposer will be responsible for the comprehensive management and
operation of the Convention Center and the TOPA. The successful proposer shall
furnish all management, supervision, labor, and any or all other , as required by the
City, services consistent with generally accepted operations of a first-class Convention
Center and/or Theater, and shall be responsible for the maintenance of the buildings
and equipment and marketing of the City Facilities; management of various product and
service providers; coordination of Facilities utilization and scheduling and any and all
other responsibilities as the City may require.
The City at its sole option and discretion may also elect to contract with the successful
proposer to manage and operate the Optional City cultural facilities such as the Byron-
Carlyle Theater, the Acorn Theater, the bandshell and/or the Colony Theater, during the
term of the contract. The City believes that the successful proposer will provide the
added benefit of being financially capable of promoting events, providing marketing
expertise; and obtaining operational efficiencies for these Optional City Facilities.
The City has established certain goals and objectives to guide the management and
operation of the City Facilities which are listed below. In addition, the City has
established specific standards of operation, also described below, which constitute a
framework for the management of the City Facilities by a private management firm. The
Scope of Services includes the followirg sub-sections:
?? Goals and Objectives
?? Management
?? Operation
o Facility Manager
o Uniforms and Identification
?? Maintenance and Repair
The successful proposer shall negotiate with the City for a contract for an initial term of
three (3) years, with an option to renew for two (2) additional one-year terms, at the
City's discretion.
The successful proposer would coordinate its management and operation under the
direction of the City Manager, or his designee, and would work closely with the
following:
1. The City of Miami Beach Commission.
2. The Greater Miami Convention & Visitors Bureau (Bureau).
3. The Miami Beach Convention Center Advisory Board. This City board acts in an
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 15 of 72
advisory capacity to the City Commission on matters regarding operations of the
Convention Center and/or the Jackie Gleason Theater of the Performing Arts.
4. The Miami Beach Convention Center Capital Projects Oversight Committee. This
City Board acts in an advisory capacity regarding capital projects within the
Convention Center and/or the Jackie Gleason Theater of the Performing Arts.
5. City of Miami Beach Concession Contractors:
a. Food and Beverage - Volume Services America Corporation is the
exclusive on-site contractor for all catering and concession services.
6. Maintenance Contracts for equipment currently in place at the Convention Center
and the Theater include:
a. Window Cleaning - McCloskey Window Cleaning Service
b. Elevator and Escalator - Atlantic Elevator Sales and Service, Inc.
c. Air Conditioning - Thermal Concepts
d. Building Automation and Environmental Controls - Siemens
e. Chemical Water Treatment - Chemtreat, Inc.
f. Plant Maintenance - Superior Landscaping
g. Fire Alarm Computer - Honeywell Building Systems
GOALS AND OBJECTIVES:
It is the goal of the City to develop and operate a first class, high quality, state-of-the-art
convention center that will be competitive in today's market and will meet the needs of
conventions, trade shows, consumer shows, meetings and community events. The City
has multiple objectives which proposers must successfully address:
~ To operate efficiently the Convention Center and the Theater, while minimizing
the net cost to the City;
~ to properly maintain and safeguard the City's capital investment in the City
Facilities through the exercise of the highest standards of maintenance and
preservation, and, as the need arises, make or recommend capital
improvements;
~ To control and minimize the amount of funding from the public sector through a
strong financial management system that controls spending and increases
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003 Page 16 of 72
revenue;
DS manage day-to-day operations of the Convention Center in a cost efficient, high
quality and effective manner;
DS to oversee and
DS to provide superior services to users of the Facilities and patrons and visitors
attending events at the facilities, thereby maximizing customer satisfaction as
exhibited by an industry-wide positive image of the Facilities and rebookings;
DS achieve the greatest possible profit, consistent with other City objectives
including the primary business goal of the facility which is to generate
incremental room nights; and
DS actively solicit, promote, or co-promote exhibits and trade shows for bookings in
the Center during the 24-month booking window, thereby maximizing the
revenues of the City;
DS actively to solicit, promote, or co-promote bookings in the Theater;
DS to consider and implement innovative ways to generate revenue and penetrate
new markets, attract new events and promote the Convention Center and the
Theater of the Performing Arts to maximize usage and financial returns;
DS create a comprehensive strategic plan for the future of the Convention Center
with a special emphasis on marketing of the facilities
DS to provide an effective marketing plan that anticipates the opening of the New
Performing Arts Center in Miami-Dade County.
DS assist the City in the negotiation of various contracts and agreements involving
facilities, products and services related to the proposed Convention Center;
DS achieve all objectives with the least possible disruption to the City and its
citizens;
DS achieve all objectives in a professional manner, consistent with best industry
practices and all applicable laws and ordinances;
DS Work cooperatively with the Greater Miami Convention & Visitors Bureau
(Bureau) in attracting conventions, tradeshows and meetings to the Convention
Center and Miami Beach hotels and to better compete in the domestic and
international marketplace.
DS provide input to the City and its consultants regarding the design of a high
quality, state-of-the-art multipurpose general assembly banquet hall and parking
facility at an appropriate cost to the City;
DS to respond to the ever-changing needs of the community and users of the facility
with recommendations for expansions, renovations and upgrades of services;
DS to provide additional management and marketing expertise, if the City elects, for
other City owned cultural facilities and attain operational efficiencies.
TO BE PROVIDED BY THE CITY OF MIAMI BEACH
DS To work in mutual accord with the MBCC and TOPA manager to ensure the
highest quality of services and thereby enhance the use thereof.
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003 Page 17 of 72
DS To provide operating funds based on a budget created by the successful
proposer and approved by the City Commission.
DS To provide and obtain authorization for expenditures for capital equipment and
repairs.
DS To provide, through the Bureau or selected marketing arm, an effective
marketing program for events outside of the 24-month current time frame.
DS To provide Capital funding for renewal and replacement items for the existing
Facilities, which include the Miami Beach Convention Center and the Jackie
Gleason Theater of Performing Arts.
DS To provide all initial facilities in good working order and existing equipment (to be
inventoried at time of management agreement).
DS To provide capital funding for a new state-of-the-art multipurpose general
assembly banquet hall and parking facility, if the City chooses to proceed with
project.
DS To procure all necessary on-site equipment and replacement items of major
capital equipment.
DS To make periodic inspections of the facilities and equipment to determine that
they are being maintained in a neat and orderly condition.
MANAGEMENT
The successful proposer shall manage and operate the City Facilities in accordance
with policies approved by the City. The successful proposer shall be responsible for all
day-to-day functions and operations of the City Facilities and shall operate the Facilities
at all times in the public interest and in accordance with the highest professional and
ethical standards.
The successful proposer shall be responsible for recommending to l1e City all rates,
fees, and charges for services provided throughout the City Facilities. The proposer
shall establish an effective system of communication that encourages linkages and
collaborative efforts between the Convention Center and other segments of the
hospitality industry, particularly the Miami Beach hotel industry.
The successful proposer will also have oversight responsibility over any and all sub-
contractors and concessionaire; as listed in the RFP, and as the City may subsequently
require. Volume Services America Corporation is the exclusive on-site contractor for all
catering and food and beverage concession services, and the successful proposer will
have direct oversight responsibility for this contract.
The successful proposer shall EBtablish a positive relationship with the Bureau, area
associations, hotels, and other appropriate agencies to develop and engage in
advertising, solicitation and promotional activities, as required to develop the full
potential of the facilities. These marketing activities must take into account the needs of
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003 Page 18 of 72
the community. The marketing responsibilities shall consist primarily of those activities
performed to attract events within a current 24-month time frame. The manager shall
be responsible for performing public relations functions concerning the Facilities and
when appropriate, the manager shall seek guidance and or approval by the City prior to
releasing information or responding to inquiries.
The successful proposer shall establish proper operating and financial systems of
controls for the Facilities. The successful proposer shall prepare and submit annual
budgets for the Facilities' operation. The proposer shall also establish a system of
internal controls to provide reasonable assurance that the Facilities' resources are used
in an effective and efficient manner. The proposer shall keep full and accurate
accounting records relating to its activities at the Facilities, in accordance with generally
accepted accounting principles.
The successful proposer's responsibility also encompasses preventive and remedial
maintenance, to include minor and emergency repairs. The proposer is further
responsible for taking all actions necessary to maintain the validity of all warranties and
for ensuring that repairs to any part of the Facilities, its equipment, or FF&E which is
under warranty is accomplished under the warranty.
At the conclusion of the term of the negotiated agreement, the successful proposer shall
be responsible for returning the facilities and FF&E to the City in the same condition in
which they were provided, except for normal wear and tear and depreciation.
The successful proposer, shall report and provide regular reports to the City Manager or
designee. The City shall make periodic inspections of the facilities and equipment to
determine that they are being maintained in a neat and orderly condition and meet the
minimum standards set forth in Exhibit G. The proposer will be required to make any
improvements in cleaning or maintenance methods as required by the City.
Any expenditure for capital improvements made by the successful proposer in the
Facilities must have prior written approval by the City Manager, and the Mayor and City
Commission, as applicable.
The successful proposer shall abide by all applicable local, County, State, and Federal
laws pertaining to its operation and shall secure, at its expense, all licenses and permits
necessary for the operation of the City Facilities, with the exception that the City of
Miami Beach licenses will be issued without charge.
The successful proposer shall be responsible for, and pay all Federal, County, and
State taxes arising as a result of the its Agreement with the City, including those levied
against the City.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 19 of 72
OPERA nON
The successful proposer shall operate the City Facilities and provide all services that
are required in its Lease Contracts with event Lessees utilizing the City Facilities.
All areas of the City Facilities are to be kept clean, orderly, attractive, and sanitary at all
times and in strict accordance with the applicable laws, ordinances, rules, and
regulations and the minimum standards set forth in Exhibit G.
The City shall have the right to reject the character of services and require that
undesirable practices be discontinued or remedied. Failure of the successful proposer
to take appropriate action after notification from the City will result in the cancellation of
the contract upon approval of the City of Miami Beach Commission.
The successful proposer shall constantly endeavor to improve the operation of the City
Facilities with a view toward developing the most efficient and highest quality of service
to the lessees, minimizing the cost to the City, increasing the quality of maintenance
and security, and maximizing gross receipts.
The successful proposer's employees shall, at all times, observe personal cleanliness.
Unshaven, unkempt, or unclean employees shall not be tolerated.
The successful proposer shall not employ any person or persons in the Facilities who
uses improper language or acts in a loud or boisterous manner, and shall, upon request
from the City Manager, immediately suspend or terminate any employee deemed
unsuitable. Any employee so suspended or terminated shall not be re-employed at the
City Facilities without the written consent of the City Manager or his authorized
representative.
The successful proposer shall thoroughly train and closely supervise all employees so
that they are aware of and habitually practice high standards of cleanliness, courtesy,
and service.
Facilities Manaaer
The City facilities shall be operated by a competent successful proposer capable of, and
empowered, to conduct all normal day-to-day operations of the Facilities and be
responsive to the desires and directives of the City in the areas of contract enforcement,
scheduling, personnel relations, and any and all other matters pertinent to the operation
and management of the Facilities. It is expressly understood that the manager of the
Facilities will be located on site.
The manager of the Facilities, or an approved representative, shall accept the decisions
of the City as binding in matters of contract interpretation, providing that written appeals
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003 Page 20 of 72
may be made in writing to the City Commission within thirty (30) days of such decision.
The successful proposer and any persons employed by it shall have never been
convicted of any offense involving moral turpitude or a felony. A list of employees with
their Social Security numbers is to be submitted to the City Manager after award of the
Agreement.
Uniforms and Identification:
Successful proposer's employees shall at all times be neatly and cleanly uniformed.
Uniforms for employees shall be of a standard style and meet standards prescribed by
the City. All employees must wear uniforms devoid of advertising (unless said
advertising be approved, in writing, by the City Manager) and with numbered badges
worn on the breast pocket at all times. Accurate records must be kept of the names and
addresses of those to whom such badges are issued, to assure proper identification of
employees at any time, as required by the City or any other agency.
MAINTENANCE AND REPAIR
The successful proposer shall be responsible for preventative maintenance and
maintenance and repair of the Facilities. The interior, exterior, and infrastructure of the
physical facilities will be maintained by the successful proposer. This includes repairs,
maintenance, and/or renovations with the successful proposer being responsible for
informing the City of degraded conditions and assisting the City with minor and
emergency repairs.
The successful proposer shall have a neat and orderly operation at all times, and shall
be solely responsible for the necessary housekeeping services to properly maintain the
Facilities. No signs or advertising shall be placed on the premises unless first
approved, in writing, by the City Manager or an authorized representative. The
successful proposer shall make available all areas of the Facilities under its control for
examination at any time by the City Manager or an authorized representative.
No alterations or additions shall be made to the Facilities, or any part thereof, without
first having obtained the written consent of the City Manager or an authorized
representative. Authorized alterations or additions shall be made at the successful
proposer's expense and shall become the property of the City at the expiration date/or
termination of the Agreement.
The successful proposer shall not remove any article, piece of equipment or other
property furnished to the Facilities without the express written permission of the City
Manager.
The successful proposer shall replace, at its own expense, any equipment provided
under the Agreement which has been destroyed or damaged, with like equipment.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 21 of 72
SECTION 111- PROPOSAL FORMAT
Proposals must contain the following documents; each fully completed and signed as
required. Proposals which do not include all required documentation, or are not
submitted in the required format, or which do not have the appropriate signatures on
each document, may at the City's discretion, be deemed to be non-responsive. Non-
responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including
enclosures. All pages must be consecutively numbered and correspond
to the table of contents.
2. Prooosal Points to Address:
Proposer must supply an organizational chart; a resume for all key
personnel; a summary of past experience of proposer, which includes
management of facilities of similar size; an Operational Plan; and audited
Financial Statements for the past three years. Proposer must respond to
all Minimum Requirements listed in Section B herein, and provide
supporting documentation which demonstrates ability to satisfy all of the
Minimum Requirements! Qualifications requirements. [The proposal shall
include a plan for budgeting and for funding the operation and structuring
the management fee so as to pursue the overall goals and objectives of
the City.]
3. Comoensation Prooosal
{Each submittal must include, in a separate sealed envelope plainly
marked "COMPENSATION PROPOSAL", a specific proposal for the
proposed management and incentive fee to be paid for the services which
are to be rendered by the firm for the management and operation of the
Miami Beach Convention Center and the Jackie Gleason Theater of
Performing Arts.}
4. Acknowledgment of Addenda and Proposer Information forms (Section
VIII)
5. Any other document required by this RFP, such as a Questionnaire,
Prooosal Guaranty ($15.000), and Exhibit H (Form PUR 7068).
RFP NO: 33-02!03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 22 of 72
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
Proposers must provide the following information:
1) Contact Information: Present the proposer's current name, former names (if
applicable), business address, telephone number, and primary contact, including the
business resumes of all senior officers and partners.
2) Organizational Form: Provide information concerning the form of the proposer's
organization (e.g. corporation, partnership, sole proprieties, joint venture, or other.)
3) Organization Philosophy and Approach: Provide a description of the proposer's
overall philosophy and approach to the management and operation of the City
Facilities. Describe any proposed initiatives specific to a proposed management
approach for the Facilities, focusing especially on how the proposer plans to
accomplish the City's goals and objectives. Address any plans to provide home
office and corporate regional support to the proposer's resident Facilities general
manager for Facilities events with unusual requirements, as well as any type of
recurring support which the proposer will provide to its proposed general manager.
4) Firm/Key Personnel Qualifications. Summarize the proposer's experience and
number of years in managing public assembly facilities such as convention centers,
performing arts complexes, and other entertainment venues, including a list of
current and former clients. Include references for selected facilities managed by the
proposer, including name, address and telephone numbers of key individuals who
may be contacted. Also include the listing and size of other convention centers and
performing arts centers the proposer has managed, including the number of seats in
each facility. {A minimum of 5 years management experience of similar facilities
is required. A firm that has not been in operation for the minimum of five (5)
years may submit proposals so long as the key personnel can demonstrate
the minimum of five (5) years of upper-level management experience of similar
facilities.}
Similar facilities should be defined as:
As a Convention Center of a minimum of 1.1 million gross square feet with
approximately 502,000 square feet of exhibition space and a theater with a minimum
of 2704 seats.
5) Marketing Plan: Provide a marketing plan for the Miami Beach Convention Center
and the Jackie Gleason Theater of Performing Arts. The proposer must submit
information which describes its approach to accomplishing its marketing
responsibilities. The proposer should describe its marketing and promotional
concepts to attract events that will take advantage of Miami Beach's unique position.
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24, 2003 Page 23 of 72
The proposer should also provide a plan for booking of the Convention Center within
the [24-month period] which will maximize revenue to the City and how it intends to
generate new local business. The marketing plan must also address the techniques
or strategies the proposer will employ in anticipation of increased competition
expected as a result of the opening of the new Performing Arts Center in Miami-
Dade County.
6) Experience with Convention & Visitors Bureaus: Provide a brief description of
the firm's experience in working with convention & visitors bureaus, including
specifics about programs, goals and results for selected projects which distinguish
the proposer's ability to work in conjunction with these organizations.
7) Subcontractor Information and Qualifications: The successful proposer may
elect to subcontract some portions of the services to be performed. While specific
subcontractors may not be identified until after award of the management
agreement, wherever the proposer intends to subcontract certain services, the
specific services must be identified in this section of the proposal.
8) Professional Resumes for Key Personnel: The proposer must submit
professional resumes for its key personnel proposed to be assigned to the Facilities
operations, marketing and financial areas, to include at a minimum tre general
manager, the director of operations, the director of marketing, director of sales and
the director of finance. (The position titles used herein are for example only and are
not intended to define or describe an organizational structure.) The proposal must
adequately describe each proposed individuals qualifications and experience.
9) Staffing and Organization Plan: The proposer must submit an organizational chart
that outlines the proposed staffing plan for the Facilities.
10) Proposer's Financial Stability: The following financial documents must be
included in each proposal. Items (a) through (e) below must be audited financial
statements.
a) Balance Sheets for prior three years.
b) Income Statements for the prior three years.
c) Statements of Cash Flows for the prior three years.
d) Statement of changes in stockholder's equity for the prior three years.
e) Notes to Financial Statements.
f) Corporate/partnership federal income tax return for the last completed fiscal year.
g) Credit report (Le. Dun & Bradstreet report).
h) Credit history letter(s) from financial institution(s).
i) Quarterly financial statement, most recent
j) List of any significant litigation in the last five years in which the proposer was a
defendant. Include a statement about the nature of each lawsuit and its
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DATE: February 24,2003 Page 24 of 72
outcome.
k) List of any contracts for the proposer's management of a facility which were
terminated or not renewed within the past five years, including in each the
reasons for termination or non-renewal and whether the termination or non-
renewal was initiated by the proposer of the facility.
11) Scope of Services: Proposers must provide information describing the proposed
strategies, policies and procedures to be employed in managing the Facilities which,
at a minimum, clearly addresses the scope of services presented in this RFP.
12) Fee Proposal for the Facilities: (Note: In the event a proposer is only submitting a
proposal for the management and operation of TaPA, a Fee Proposal for TaPA and
a Fee Proposal for the Optional City Facilities shall only be required.) The proposer
must state the (i) annual fixed management fee required to operate the facilities,
along with a (ii) proposed incentive fee. Together, these two fees shall constitute
proposer's total compensation for performance under the contract. As discussed
below, the incentive fee is designed to reward superior performance in the areas of
customer satisfaction, innovative and successful marketing, revenue enhancement,
cost containment, and facility maintenance.
The Facilities are financed with tax-exempt bonds. Consequently, the compensation
arrangements and terms that the City may agree upon with the proposer in the
management agreement are governed by federal tax laws that restrict the private
business use of facilities financed with tax-exempt bonds. These provide generally
that (i) compensation may be fixed or partly fixed and partly incentive based,
(ii) incentive compensation cannot be based on net profits, and (iii) incentive
based compensation cannot exceed fifty (50%) of total compensation.
Proposers shall ensure that their proposals are in full compliance with IRS
procedures and guidelines and federal tax laws governing private business use of
facilities financed with tax-exempt bonds.
a) Fixed Fee. Proposers must propose a compensation arrangement which
includes an annual fixed management fee. Proposers must indicate whether or
not all or any part of the proposed general manager's salary is to be derived from
either the fixed management fee or the incentive fee. Any portion of the general
manager's salary which is not derived from the management or incentive fee
must be included in the staffing plan and proposed operating budgets for the
Facilities.
b) Incentive Fee: Proposers must also propose an incentive fee which shall be
applicable during the operating period of the agreement.
13) Fee Proposal for Optional City Facilities: The proposer must state an annual
fixed management fee required to operate either all or a portion of the "Optional
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DATE: February 24,2003 Page 25 of 72
City Facilities" (in the event of a IDrtion, only fixed fees for those facilities will be
required). The City retains the right to consider including the Optional City Facilities
as part of a final negotiated contract or throughout the term of the negotiated
contract. No Fee Proposal is required for other facilities not necessarily identified at
this time.
14)Operating Budget: Proposers should include in their proposals an estimated
budget for the City Facilities' operations. The budgets should contain estimates of
revenues and expenses expected to be received or incurred in the operation of the
Miami Beach Convention Center and the Jackie Gleason Theater of the Performing
Arts.
15)Operating Plan: Proposer shall describe the operating policies and procedures to
be employed by the operator to manage and operate the City Facilities. Describe
any proposed initiatives which would improve the management and/or reduce the
operational cost of the Facilities. The proposer should also describe its approach to
financial management systems, employee management and administrative policies
and procedures.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 26 of 72
SECTION IV - EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each proposal in accordance with the requirements of this RFP. If further
information is desired, proposers may be requested to make additional written
submissions to the City Procurement Director, or may be requested to make oral
presentations to the Evaluation Committee before it makes its recommendation.
5. The Evaluation Committee shall recommend to the City Manager the proposal or
proposals acceptance of which the Evaluation Committee believes to be in the
best interest of the City.
6. The Evaluation Committee shall base its recommendations on the following
factors:
a) Experience and Qualifications: Experience, qualifications, performance
and national stature of the firm and experience in managing similar
facilities. (20 points)
b) Quality of the Management Team. Experience and qualifications of the
proposer's management team and the resumes outlining the experience,
education, and performance record of individuals who would be
instrumental in the management and operation of the Convention Center
and the Jackie Gleason Theater of Performing Arts, and upper-level
regional or national management personnel who will have supervisory
responsibility over the Facilities. (20 points)
c) Approach and methodology. Plan for the management, operation, and
maintenance of the Facilities, including a financial plan/budget for each of
the Facilities. (15 points)
d) Marketing plan. Demonstrated record and evidence of in-house booking,
promotion and/or co-promotion capabilities and marketing, both national
and local, to expand the use of the Convention Center & the Jackie
Gleason Theater of Performing Arts and evidence of ability to provide an
effective marketing plan that anticipates the opening of the New
Performing Arts Center in Miami-Dade County. (15 points)
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 27 of 72
e) Fee Proposal: The fixed management fee and incentive fee proposal for
the management and operation of the Facilities, and the fee proposal for
all or a portion of the "Optional City Facilities". (20 points)
f) Financial Stability and Capability: Demonstrated financial stability and
capability of the firm. (10 points)
6. After considering the recommendation(s) of the Evaluation Committee, the City
Manager shall recommend to the City Commission the proposal or proposals
acceptance of which the City Manager deems to be in the best interest of the
City.
7. The City Commission shall consider the City Manager's recommendation(s) in
light of the recommendation(s) and evaluation of the Evaluation Committee and,
if appropriate, approve the City Manager's recommendation(s). The City
Commission may reject City Manager's recommendation(s) and select another
proposal. In any case, City Commission shall select the proposal, acceptance of
which the City Commission deems to be in the best interest of the City. The City
Commission may also reject all proposals.
8. Negotiations between the successful proposer and the City Manager take place
to arrive at a contract. If the City Commission has so directed, the City Manager
may proceed to negotiate a contract with a proposer other than the top-ranked
proposer if the negotiations with the top-ranked proposer fail to produce a
mutually acceptable contract within a reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for
approval, modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is
approved by the Oty Commission, the Mayor and City Clerk sign the contract(s)
after the successful proposer(s) has or have done so.
ImDortant Note:
By submitting a proposal, all proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point
during the aforesaid evaluation/selection process until and unless a contract has
been agreed to and signed by both parties.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 28 of 72
SECTION VI - INSURANCE
Successful Proposer shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance as indicated on the Insurance
Checklist which shall be maintained with insurers licensed to sell insurance in the State
of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance
Guide. Name the City of Miami Beach as an additional insured on all liability policies
required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments.
Any exceptions to these requirements must be approved by the City's Risk
Management Department.
FAILURE TO PROCURE INSURANCE:
Successful proposer's failure to procure or maintain required insurance program shall
constitute a material breach of Agreement under which City may immediately terminate
the proposed Agreement.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 29 of 72
xxx 1.
xxx 2.
XXX3.
XXX 5.
XXX?
XXX 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the statutory limits of
the state of Florida.
Comprehensive General Liability (occurrence form), limits of liability i
1.000.000.00 per occurrence for bodily injury property damage to include
Premisesl Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written in "insurance requirements" of
specifications) .
Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4.
Excess Liability - $_______. 00 per occurrence to follow the primary
coverages.
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
__ Liquor Liability
___ Fire Legal Liability
___ Protection and Indemnity
___ Employee Dishonesty Bond
$________.00
$________. 00
$________. 00
$________. 00
$________. 00
$1.000.000 .00
xxx Professional Liability
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence
of this insurance may be required within five (5) days after Proposal opening.
Vendor
Signature of Vendor
CITY OF MIAMI BEACH
RFP NO: 33-02/03
DATE: February 24,2003
Page 30 of 72
SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Fee Proposal Form Cover
4. Declaration
5. Questionnaire
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 31 of 72
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by Proposer that the City reserves the right to reject
any and all proposals, to make awards on all items or any items according to the
best interest of the City, and to waive any irregularities in the RFP or in the
proposals received as a result of the RFP. It is also understood and agreed by
the Proposer that by submitting a proposal, Proposer shall be deemed to
understand and agree than no property interest or legal right of any kind shall be
created at any point during the aforesaid evaluation/selection process until and
unless a contract has been agreed to and signed by both parties.
Proposer certifies that all delinquent and currently due fees, and taxes have been
paid. No individual or entity who is in arrears in any payment under a contract,
promissory note or other loan document with the City, either directly or indirectly
through a firm, corporation, partnership or joint venture shall be allowed to
receive any additional City contracts, purchase orders or extensions of City
contracts until either the arrearage has been paid in full or the City has agreed in
writing to a payment schedule. Failure to meet the terms and conditions of any
obligation or repayment schedule shall constitute a default of the subject
contract and may be cause for suspension, termination and debarment, in
accordance with the terms of the contract.
(Authorized Signature)
(Date)
---------------------------------------------------
(Printed Name)
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 32 of 72
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 18-02/03
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated __________________
Addendum No.2, Dated ___________________
Addendum No.3, Dated _________________
Addendum No.4, Dated ___________________
Addendum No.5, Dated ___________________
Part II:
______ No addendum was received in connection with His RFP.
Verified with Procurement staff
------------------------------------------ ------------------------
Name of Staff Date
-------------------------------------
Proposer - Name
Date
----------------------------------------------
Signature
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 33 of 72
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this _____ day of ____________________, 2003.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 33-02/03.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 34 of 72
QUESTIONNAIRE
Proposer's Name:
---------------------------------------------
Principal Office Address: ________________________________________
---------------------------------------------
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a CorDoration, answer this:
VVhenlncorporated:_____________________________________
In what State:
If a ForeiQn COl'Doration:
Date of Registration with
Florida Secretary of State:___________________________________
Name of Resident Agent: ______________________________________
Address of Resident Agent:___________________________________
--------------------------------------------------------------
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
-------------------------------------------------------------
-------------------------------------------------------
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 35 of 72
Questionnaire (continued)
If a Partnership:
---------------------------------------------------
Date of organization: _______________________________________________
General or Limited Partnership*:
Name and Address of Each Partner:
NAME ADDRESS
-------------------------- -------------------------------------------
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by Proposer for a project similar to the
proposed project ever been canceled? Yes ( ) No ( )
If yes, give details on a separate sheet.
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
----------------------------------------------------------------
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 36 of 72
Questionnaire (continued)
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Proposal Form have ( ) have
not ( ) been convicted by a Federal, State, County, or Municipal Court of
any violation of law, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation,
partnership or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits: __________________________________
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
-----------------------------------------------------------
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
----------------------------------------------------------------
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 37 of 72
Questionnaire (continued)
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of proposals. (Use additional sheet if needed)
9. Vendor Campaign Contribution.
a. You must provide the names of all individuals or entities (including
your sub-consultants) with a controlling financial interest. The term
"controlling financial interest" shall mean the ownership, directly or
indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm. The
term "firm" shall mean any corporation, partnership, business trust or
any legal entity other than a natural person.
----------------------------------------------------------------------
b. Individuals or entities (including our sub-consultants) with a
controlling financial interest: __have _______have not
contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City
Commissioner for the City of Miami Beach. Please provide the
name(s) and date(s) of said contributions and to whom said
contribution was made.
-----------------------------------------------------------
-----------------------------------------------------------
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 38 of 72
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the proposals of the Proposer, as may be required by the City
Manager. The Proposer further understands that the information contained in
this questionnaire may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, ilcluding
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
IF INDIVIDUAL:
Signature Signature
-------------------------- -------------------------------
Print Name Print Name
WITNESS: IF PARTNERSHIP:
Print Name of Firm
Signature
Print Name
Address
By:
General Partner
Print Name
WITNESS: IF CORPORATION:
------------------------- -------------------------------
Signature Print Name of Corporation
------------------------ -------------------------------
Print Name Address
RFP NO: 33-02/03
DATE: February 24, 2003
By:______________________________
CITY OF MIAMI BEACH
Page 39 of 72
(CORPORATE SEAl..)
RFP NO: 33-02/03
DATE: February 24, 2003
President
Attest: _____________________Secretary
CITY OF MIAMI BEACH
Page 40 of 72
SECTION VIII ATTACHMENTS
1. Section 2-481 of the City Code entitled "Lobbyists"
2. Cone of Silence, Ordinance No. 2002-3378
3. Debarment, Ordinance No. 2000-3234
4. Code of Business Ethics (Resolution No. 2000-23879)
5. Protest Procedure Ordinance (Ordinance No. 2002-3344)
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 41 of 72
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory personnel means the members of those city boards and agencies whose sole
or primary responsibility is to recommend legislation or give advice to the City
commissioners.
Autonomous personnel includes but is not limited to the members of the housing
authority, personnel board, pension boards, and such other autonomous or
semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day
policy setting, operation and management of certain defined functions or areas of
responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all
department heads, the City attorney, chief deputy City attorney and all assistant City
attorneys; however, all departmental personnel when acting in connection with
administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal
who seeks to encourage the passage, defeat or modification of any ordinance,
resolution, action or decision of any commissioner; any action, decision,
recommendation of any City board or committee; or any action, decision or
recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the City commission, or
a City board or committee. The term specifically includes the principal as well as any
agent, attorney, officer or employee of a principal, regardless of whether such lobbying
activities fall within the normal scope of employment of such agent, attorney, officer or
employee.
Quasi-judicial personnel means the members of the planning board, the board of
adjustment and such other boards and agencies of the City that perform such
quasi-judicial functions. The nuisance abatement board, special master hearings and
administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, S S 1, 2, 3-4-92; Ord. No. 92-2785, S S 1, 2, 6-17-92)
Cross reference(s)--Definitions generally, S 1-2.
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 42 of 72
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the
City clerk. Every person required to register shall register on forms prepared by
the clerk, pay a registration fee as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has
employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City
commissioner or personnel who are also sought to be lobbied shall require that
the lobbyist file an amendment to the registration forms, although no additional
fee shall be required for such anendment. The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period for which the
lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer,
partner or beneficiary shall also be identified. Without limiting the foregoing, the
lobbyist shall also identify all persons holding, directly or indirectly, a five percent
or more ownership interest in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each
specific issue. Such issue shall be described with as much detail as is practical,
including but not limited to a specific description where applicable of a pending
request for a proposal, invitation to bid, or public hearing number. The City clerk
shall reject any registration statement not providing a description of the specific
issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial or professional relationship, or
other relationship giving rise to an appearance of an impropriety, with any current
City commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be
deposited by the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions of this division. There
shall be no fee required for filing a notice of withdrawal, and the City manager
shall waive the registration fee upon a finding of financial hardship, based upon a
sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 43 of 72
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union), without special compensation
or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item, shall not be required to register with
the clerk as required by this section. Copies of registration forms shall be
furnished to each commissioner or other personnel named on the forms.
(Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual
privity with the City who only appears in his official capacity shall not be required
to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before
the city commission, planning board, board of adjustment, or other board or
committee and has no other communication with the personnel defined in section
2-481, for the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including
but not limited to those who are members of homeowner or neighborhood
associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or
appealing a code violation, a nuisance abatement board hearing, a special
master hearing or an administrative hearing shall not be required to register, nor
shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, ~ ~ ~ 4,5,3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments,
including the offices of the mayor and city commission, the offices of the city manager,
and the offices of the city attorney, shall maintain signed sign-in logs for all noncity
employees or personnel for registration when they meet with any personnel as defined
in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the dty clerk a signed
statement under oath listing all lobbying expenditures in the city for the preceding
calendar year. A statement shall be filed even if there have been no expenditures
during the reporting period.
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 44 of 72
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the
lobbyist registrations filed. All logs required by this section shall be prepared in a
manner substantially similar to the logs prepared for the state legislature
pursuant to F.S. ?11.0045.
(c) All members of the city commission and all city personnel shall be diligent to
ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
may not knowingly permit themselves to be lobbied by a person who is not
registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who
are reported to be in violation of this division. The city attorney shall report the
results of the investigation to the city commission. Any alleged violator shall also
receive the results of any investigation and shall have the opportunity to rebut the
findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prohibit
such person from lobbying before the commission or any committee, board or
personnel of the city.
(Ord. No. 92-2777, ~ 6,3-4-92; Ord. No. 92-2785, ~ 7,6-17-92)
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 45 of 72
Cone of Silence
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTYOF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARncLE VII'
THEREOF, ENTITLED ..STANDARDS OF CONDUcr,BY AMENDING DMSION
4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486, ENTIT1.ED
"CONE OF. SiLENCE"j SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S). AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANTj
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 29, 2002, the Miaml-Dade County commission approved
Ordinance No. 02-3, amending Section 2-11.1 (t) of the Miami-Dade County Code, the
County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, Miami-Dade County's approved amend menta extended the prohibition
on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of
goods and services to those between a potential vendor, service pl'(IVider, bldder,lobbylst
or consultant, and the Mayor, County commissioners and their respective staffs; and
WHEREAS, Miami-Dade County's approved amendments added addltlonat
exemptions to the prohibition on oral commUnications regarding a particular RFP, RFQ, or
bid for the solicitation of goods and services between any person and the proa.lrement
director or hislher designated staff responsible for administering the procurement process
for such RFP, RFQ or bid, and between a member oHhe respective salection committee,
provided the communication be limited strlctlyto matters of process or procedure already
contained In the corresponding solicitation document; and
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications between the county Manager and
the chairperson of a selection committee about a particular selection commlttee
recommendation. only after the committee has submitted 8 recommendation to the
Manager and provided that, should any change occur in the committee recommendation,
the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be Included in any
recommendation memorandum submltted.by the Manager to the County Commission;
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communicatiof'ls pertaining to emergency
proa.lrem8nts.
WHEREAS, said Miami-Dade County amendments are applicable to the Ma)'Qrand
City COmmissioners of the City of Miami Beach, the City Manager, and their respective
staffs; and In order to extend said amendments and their applicability to potential vendors.
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 46 of 72
service providers, bidders. lobbyists. and OQrlsult8nt$ doing busine$S in the City of MiaI1'Il
Beach, the Administration and the City Attomey's Office herein recommends tilet the
Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly.
NOW, THEREFORE, .IE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
seenoN 1. Section 2-426, of OIvlslon4.of Article VII of Chapter 2 of the Miami Beach
City Code Is hereby amended to read as follows:
ArtIcle VII. St8ndards of Conduct
DMSION4. PROCUREMENT
Sec. 2-488. Cone of snence.
(a) Contracts for the provision of goods, S$r\'Ice$. and construction projects. ~
"'aA awe It GGFlVaete,
(1) Definition. "Cone ofsllenCEl"Is hereby defined to mean a prohlblllon on:
(a) any communicatlon regardIng a partlcutarrequest for proposal ("RFP").
request for qualIfications ("RFQ"), req..." fer I... sf lAtereat ("Fll:t_I"),
or bid between a potential vendor, service provider, bidder. lobbyist. or
consultant and the . city's admlnlsU'ative staff Including. but not limited to,
the city manager and his or her staff;
(b) any communlcatlon regarding a partfculat RFP. RFQ, RR.Ir or bid
between the mayor. city commissioners, or their respective staffs. and
any member of the clty'a adminIstrative staff Including. but not limited to.
the city manager and his or her staff;
(c) any communication regarding a pal1k:ular RFP. RFQ. ~ or bid
between a potential vendor, service provider. bidder, Iobbyl$t, or
consultant and any member of a city evaluation and/or seIecl:lon
committee therefor; afI6
(d) any communlcatlonreganting a particular RFP, RFQ. AR,Iy.or bid
between the mayor, city commlssloners....or their respective staffs....and
~ J.,member of a city evaluation .tld/or selection committee ~refor:
(e) anY communication retJantino a Qarticuler RFP. RFQ. or bid betwe4m the
maYOr. citv commissioners. or their resoective staffs and a ~I
vendor. service Drovider. bidder.lobbvist. orconsultant.Net.'~AdiR9
*8 fer:egelA,. the eGFle af slleRae s"'a11 Ret applyte eaFRpetltlw
preeesses fer *'e 8\'._ sf CD9G, ""OMi, 8""IP end Swr:tax RlREle
aElFRIA16teFeEI by Ule slty eftk;e ef eeFFl"'YFlIIy develgpFReAt. anEl
eGFRMWRi$8tiElRS vMh the Glty att$mey aAd his ar Rlllr sIa#.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 47 of 72
(2) Procedure.
a. A Ib!..cone of Silence Shall be imposed. upon each RFP. RFQ. RFUr
_ QLbid afterthe advertisement of saIdRFP. RFa, RFIJv or bid. At
the time of imposition of the cone of Silence, the city manager or his
or her designee shan provide for public notice of the coile ofsllenca.
The city manager shall include In any public sollcltation for goods and
service8 a statement dlsclo8lng the requirements of this dlvlslon.
b. The cone of silence shalltermll'l8t8~
~ the time the city manager makes his or her written
recommendation as to selection ofa ~rtk:ular RFP, RFQ, AI=U; or
bid to the city commission, and said RFP, RFQ, AI=U; or bid Is
awarded; provided, however, that following theMm;anagar maklnghls
or her written recommendation. the cone of silence shall be lifted as
relates to communications between the u.mayor and M-members of
the G:2ommisslon and the Ggty M-manager; providing furtl1er if the
city commission refers themanagats recommendation bacl<: to the
city manager eretaff for further revieW, the cone of silence shall
continue until such time as the manager makes a subsequentwrflten
recommendation, and the ~rtICUlar RFP. RFQ, AJOI.I.r or bid Is
awarded;.
~ I.lllin the event of contracts for less than$25.000~ when the city
manager executes the contract.
(3) Exceptions. The pr&'AsiQA8 9f thl$ eRillclaRee cone of8llence shan not apply
to:
(e) com~ o~ses far the award ofCOBG. i:'JOME. SHIP and Surtax
Funds administered bv the City office of communltv develooment: and
(b) communications with the cltv attomev and his or her staff.
~ t5a.oraI communications at pre-bld contarences:
~ oo..oraI presentations before evaluation and/orselectlon committees:
fIH!}contract discussions during any duly noticed public meeting;
oo-m publicpresantations made to the'city commissioners during any duly
noticed public meeting;
(e) {g) contract negotIatiOns with city.. $faff following the award of. 8n RFP,
RFQ, RFIJv or bid by the city commission;
~ fill communications in writing alany time with any cityemployee.offtcial
or member of the city commission. unless specifically .prohibited. by the
applicable RFP, RFQ. Rt=Ur or bid documents; 9F
''1-. .......... .......'v...,
DATE: February 24,2003
Page 48 of 72
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 49 of 72
,"'all Pf9'.'ide fIil,thepwlalie A9Ilee of the GeAI ef ell8ft.. n. GeAeof 81eAM
shall termiRate a) at ..... ~e lie Gity INAeger make& Ale ar Aer .:.t:Rtten
re98fRfReAElati8ft Be te 88leell9R at a peFtiewlar Rl:;P, RFQ, RCIJ, ar IaMl 18 1M
elly eefRfRiseieA, aAd seMI RFP, R.~, RFbI, ar laid Is awaNled; previd.,
h9W8l.~r, that feil9wiAl1l the Manager fRaldAg hla 9r her \'JfiUeA
reGefRfReAiatiaR, tl:l, 98A' gf .il'R98 81:1.11 De lifted as relates te
eefRfRYAieatieF16 betwe8ft tI:le Mayer aAd MefRla.1'8 gf lie eefRfRlssleA aAd
tI:le City Manager:; previdlAg fw:lI:ler If..... elty 98fRml88lafl refel'8 Ile
maAeg.r's re98fRfReAdatiaA Iaaek te the ei~' maAager ar &tal fer fuFther
re'.;8'.'.r, ..... 98A8 gf elleAs8 ehall eeAtIAWG wAlil sweh tlfR. Be tha fR8ftsger
make. a .",Ia.eElHeRt 'NFI.A reesmfReAdatieR. and 1M paFtlewlar RFP. RFO,
RFll, ar laid is altJarded ar ~ In ..... 8'lfeAt at 69RtAJ. fer 1$6' Ilen $26.00Q
vAten the Bily manager 9lEeElIMee #Ie 98ntraet.
(3) Hathlng seRtaiAed tlerein 'hall ,rehllJit aAY laid de,., pRlpeeer, veRde" ....
pFe'Ada.... lalalay/st, ar eeR8YIlaAt (i) ff'efR maklng p..laiie pre.eMatiaA' at dW'I'
Ratieed pre laid eemeNnGe8 at laefeN dHly _sad a':alwatieA GefRFRiUee
meetiAg.: (ii) ff'effl engaginglA eentFaGt dl8e..eeleAe ElYringany dHly Aatieed
pulalie fReeling. (lil) freM eRgaging iR eeAtrellt negetlallsAS '. Glly 6Ia#
fElllawing the 8lMird Elf 8A RFP, RFa, RFll,arlaid fer awdlt lay the sKy
eeMfRls.len; ar (P:) freM safflfflwnlsatiAg In '.\IfilIRg .....itA ..y eity efflpleyee 8'
affieial far ",w.,e'91 gf saeking GlaAtlGatien ar HElltienal IAfeFI'Retien freffltl'le
eity ar. reepaAding te the eity's NEI..est fer EllaFifieatiefl a, aEldilianal
IAfeARa&ien, sWBjest 18 #Ie prevlBleAI at the applleeble RFP, RFQ, RFbI, er
Bid deGUMe.. The bidder sr PAlPs68r Gte. .tlell file a eepy at BAY lfJl'ltteR
eefRM..nleat:loowitA Ile Gity e1eFk. 11:Ie e~' Ellerk shall make eepie. available
18 the leMFaI p..lalie ..pan reElY'st.
(4) HathiAg eeAtainN AeFeiA Bhall pRlNlait SAY I8Ialayl8l,laldder,JIRlplileer.
veAder, lleMse pRl':ider, eenlllwitant, er ather pel'8eFl ar eASily WM pwWlely
addressiFlg the GIty eemfRll!slGAeFB dwFlng aAy EI..1y AatieeEl ,wWla Mealing
regarding aGtlefl 9n aAY e!:HIlt eeAIreet. The GIty Manager &halllflEllwde iR 8RY
pHblle salieltatleR fer aWdiliAg "Mees a eta_meAt ElIaGle.iR, the
re1ill,IiNIMRte ef ihis dMelGn,
~ Violations/penalties and procedures. A violation of this sectlon by a particular
bidder, proposer, vendor, servkle provider. lobbyist, or consultant shall subject said
bidder. ef proposer, vendor, service provider, lobbyist. or consultant to the same
procedures. set forth in Division 5, entiUed :Debarment of Contractors:. from City
Wor1l.; shall render any RFP award, RFQ award, RFli swaN, or bid award to said
bidder. proposer. vendor, service provider, biclder, lobbyist, or consultantvoldmu;
and said bidder, proposer, vendor,servkle provider, lobbyist, or consultant $hall not
be GOnsldered for any RFP. RFQ, RFIJ or bid for a contract for the provleion of
goods or services for a period of one year. Any person who violates a provlsionof
this division shall be prohibited from servln~ on a city evaluation and/or selection
GOmmittee, In addition to any other penally provided by law, violation of any
provision of this division by a city employee shall subject said employee to
disciplinary action up to and Including dismissal. Additionally, any personwl'lo has
personal knowledge of B vIolatlon of this division shall report such vIolatlon to the
city attorney's office or state attomey's office... and/or may file a complaint with the
county ethics commission.
(Ord. No, 99-3164, S 1,1-6-99; Ord. No. 2001-3295, 5 1, 3>-14-(1)
RFP NO: 33-02/03 CITY OF MIAMI BEACH
DATE: February 24,2003
Page 50 of 72
SECTION 2. CODIFICATION.
It is the Intention of the Mayor and CIty Commission of IheCIty of Miami Beach ,and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach. Florida. The sections of this ordinance may be
renumbered 0' relettered to accomplish such Intention, and the word "ordinance- may be
changed to -section", -article-, 0' other appropriate word.
SEcnON 3. REPEALER.
All ordinances or parts of Ol'dlnances in confliCt hereWllh be and the same are hereby
repealed.,
SECTION 4. SEVERABILITY.
If any section. subseCtion, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shan be deemed a separate. distinct
and independent .provislon and such holding shall not affect the validity or constltutionailty
of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
Thle Ordlnanoeshali take effect on the 10th day of Auauat
is 10 days after adoption,
,2002. which
PASSED and ADOPTED this
31st
2002.
AlTEST:
CIty Clerk
letters or numbers that are stricken through are deletions from existing ordinance.
Letters 0' numbers that are underlined are additions to existing ordinance.
F:\ATTO\OLIJ\RE8-0RD\CONEOFSlLENCE.FNL.DOC
AI'PItOVED 11$10
FORM &.l,AHOUAGE
"FOR
...
f::-2.'OL
Data
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 51 of 72
MURRA YB. DUBBIN
Ciay Attomey
OFFICE OF THE CITY ATTORNEY
~t(J6mi.~
, LOR 0 A
t)
Telephone: (3G5) 67$.1470
TeIecopy: (305) '73-1002
COMMISSJON MEMORANDUM
DATE: .JULY 31, 2G01
TO: MAYORDAVlDDERMER
MDlBDS OF 11IE CITY CO
MURRAY DUBBIN
CITY ATIORNEYt\U
JOR.GE M. GONZALEZ
CITY MANAGEll
SVBJECf: AMENDMENT TO ClTY'S "CONE OF SILENCE" ORDINANCE
FROM:
SECOND REAPING
PUBUC JlEARING
On lanuary29, 2002, the Miami-Dade County Commission approved an aIllencll:lll'l1t to the
County's "Cone ofSilcmr;e" Ordinanco,withan effective date ofFebruuy 8, 2002. The approved
amendments to the County's Ordinance, which the City Manager and the City Attorney's Office
herein recommend bein<:orporated as an amendment to the City's own "Cone ofSilcmr;e" Ordinance,
8R as follows:
(1)
EldelIding the prohibition on oraicommunications~. particu1arRPP.RFQ,
and bid for the solicitation ofgoods and services to those between a potential vendor.
service provider, bidder, lobbyist or consultant, and cheMayor, Commissioners, and
cheir respective staffs;
(2)
Extending the prohibition on oral communications ~ a particuJat RPP, RFQ,
or bid between an)' administrative staff member, and any member of an eva1uation
and/or selection committee therefor;
(3)
Notwitbs1anding the prohibition in subsection (2) above, providina an exemption
allowing the Manager and the cbai.rpmon of the evaluation and/or sekctic>n
committee to communicate upon a particular eva1uation and/or selection committee
Agenda Item ASc.
1700 Coavtlltioa CeDter Drive - 1'0'" Floor - Mia..i Bead Date 7-,JI-(l~
CITY OF MIAMI BEACH
RFP NO: 33-02/03
DATE: February 24,2003
Page 52 of 72
RESOLUTION NO, 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC'') adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help gUide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that ali of its members adopt the Model Code of Business Ethics,
Section 3.
adoption.
This resolution shall become effective immediately upon its
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 53 of 72
PASSED and ADOPTED this 12th day of April 2000
ATIEST: ,
~YOR
APPAOVEDASTO
FCRM a LANGUAC,'C
. FOR EX.EQIJIOr.
~__t-.7'"t:'2J
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 54 of 72
CREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATeMENT OF PURPose
The Ore.ter MIami Chamber of CommerCe ("GMQC,) seeks to create llnd suslaifl.aII ~hieal bllSiMU
climate lor its members and lIle C(llTltnUl'li!y by edofllinga C~e of BusinGS' Ethics. The GMCC
encOlJr8IllilS Its members to incorporatelhe princij)lll$ and pr~~s ClllUlned her. in th.. individual
COlHS 01 ethics whieh wiUsuid.. Iheir relationship<! with cuslomen, cllt4nb andIHlpp!iel'll. Thill Mod.l
Code can and shClllldbe promlnontlY displayed at all business locillonsand miy be In!;OrpQfaled into
mariletlng materials. TtI. GMCC ball.yes thaI it$ membefs !\Chouk! us. Ihis Code u a mode/lor the
de\l1llopment Or their oliani:;Clltions' business cCldO$ 01 tlhies.
T1\1$ Model codll Is e slll!tement oI/,rineiPlet ". h<lIp (lllidll decisions llAd lIC1ij)ft$ be... d on respect 10, Ille
impMllAClloltthicel busi.... 'lander sin tile C""'mIJlliIy, ,he GMCC be Ii"". lilt adoption of a meO/lln9l'ri code
of Illbic. Is the respoMibility 01 every "".i.e" end professlOMlll'SllII'laJion.
Comallanee wit" Government fblles I\. Reau lations
W. will propelny maintain all t<<otds and pOlt all tic.nses and certmc:ates
in prominent pla<:.s ..sHy s..n by our empI01~$ and c:vstomers:
In dealing with governmeot agendes and employees, we will cond~ business In
accordance with aIlllpplk;able rules and reglllallons alld il'dheopen:
VVe will report conlnlcl irregul;arilie. and ath.r Improper or unIiwM bu$lml'U
praclle", to the. E'.thk:s C<lf11lTlInion, the Office of InspedorGenerel or
a ppropnele Illwenlorc:ement. authorlties.
~eC!!\lltment. Setection& Comllel'lsation of Vendor. a"liIIUDDli.rs
We will avoid conll1cts o( Int'Nul Wid dlsdO$' such conflict. wnll" iclenMed;
Gill. whiCh compromis. tile integrity cia bU$in", tl'lll'lsac:tiOn are \I!lalXlep(I~;
Wll will not kic:kbad any pcrlion 0( i ~c:tPiymel'1t to employe.. or thct other
contracting party or &COpf such a klc:kbiIClL '
Business Accountinq
AN our financial trar\s;u::t!ons will i>> properly al'\d lilny recorded In llpproprlalll
books o(",co<1nl, and lherewillbe no "off ll1e boob' transactions or secret
accounts.
Promotion and Sat" of Products and ServICe.
Our prod\l(;ts will c:ompfy with illapplicablll saf.tv ind <!IIallly $landards:
We w1lI promote and idVllrtiso our busmess and its products or semces in a
mann"rwt>ieh I" not mlsreadlng and dQosnoHalsely disparage our compelltors;
Ooinq 6usiness with the Government
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 55 of 72
W. tMlI conduct business with govemmentagenclelandemplovUll Ina manner
which a\l(lids even the appeatatlC4 of lmpropMly. EIfottsto ourry palitical
favoritism ata unac:eeptllbl.;
Our bids will Jle,(;ompetilive, .ppropriat. to the bkl documents and arriVed at
indapendenUy;
Arri challenges to contracts awarded will havell $lJb$tanIWt ba$1$ and not. be
put'IUed IMrllly b_llUW. ar9t~ unsuce;lsltut bidder;
We wiD. to the best of our ability, pillfOl'm QOVamment cOlltrllct$ llmrcled at the
plie. and under the terms ptl;lvlded for In Ihe conttaet. W. \/l1li1 not lillbmitinllatll<l
irwoicllo1i fQt geoc:lllprovided or s.rvices performed under sllch cl)nt!1lOls, and
claJms will be rl)llde only fpr worl< aclually performed. We will ablde by all
(lonlr.cling and MCotltractinll rGgl,llatlclns.
We win not. cIlrecll1 or Indirectly, offer to give a bribe or othetwillG cl1alUl"
k1c~ck$ from CXln\l'aCts awarded,le governmont ollicials,thtlr family rn4mber.l
or business associates.
We. wRlnot seek. or exp.acl preferential treatment on bids based otl our
participation in political e;lmfla.1lJns.
Publio,Ufa inq Political ClIImllalllln$
We eooouragll all employell$ to pa.rtiCipate In communitY lIfe, pllblIcservice llI1d
the polltk:aI process:
We encourage all emploY$es to tecwil, suppculllnd eloet ethical and qualified
pllb!i<; ofli\:ialli and 8flglge Ih.min dialogue Ino deb&llI .bout bullnes$ and
community issues:
OUr contributtonlllQ poliUcal p.rties, cornmiltees orindMduals W~l only be made
in ".ccoldance with applieablela,w and will cOmply WIth all requirements 'or public
disclosUfe. All contriblllions made on bel'l.alf oflhe bus!nll" mUst be reported 10
senror compe"" management .
We willl1otconlribute II> Ihe campe~gn.a 01 persona who are convicted felons or
tho Ie who dQ not sign the Fa If Campaign Pracllc::esOrdinance.
We w~1 not ~ngly cliss.......nate lal$e campaign mfotmalion or $Upportlhoso
who do.
Company Name
Corpo rele Officer
Dale
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMi BEACH
Page 56 of 72
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING
FOR DEBARMENT OF CONTRACTORS FROM CITY WORK;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procurement", is hereby amended by adding the following Division 5, entitled -
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.
Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to
subcontractors with responsible rontractors only: To effectuate this police, the
debarment of contractors from City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only
when it is in the public interest for the City's protection. and not for purposes of
punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2-398.
Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are
affiliates of each otrer if, directly or indirectly. ~I) either one controls or has the
power to control the other, or (ii) a third part controls or has the power to control
both. Indicia of control include, but are not limited to. a fiduciary relation which
results from the ma nifestation of consent by one individual to another that the
other shall act on his behalf and subject to his control, and consent by the other
so to act; interlocking management or ownership; identity of interests among
family members; shared facilities and equipment; common use of employees; or
a business entity organized by a debarred entity, individual, or affiliate following
debarment of a contractor that has the same or similar management, ownership,
or principal employees as the contractor that was debarred or suspended.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 57 of 72
(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal
entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is
awarded, or reasonably may be expected to submit offers or be awarded
a City contract, including, but not limited to vendors, suppliers, providers,
Bidders, Proposers, consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business.
with the City as an agent, representative or subcontractor of another
contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony
or misdemeanor, by any court of competent jurisdiction. whether entered upon a
verdict or a plea. and includes a conviction entered upon a plea of nolo
contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a
contractor (and. in limited instances specified in this ordinance. a Bidder or
Proposer from City contracting and City approved subcontracting for a
reasonable, specified period as provided in subsection U) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. Information or other filing by
competent authority charging a criminal offense shall be given the same effect
as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party
or any criminal proceeding. The term includes appeals from such proceedings.
U) List of debarred contractors means a list compiled, maintained and distributed
by the City's Procurement Office. containing the names of contractors debarred
under the procedures of this ordinance.
Section 2-399.
List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 58 of 72
this ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors
debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary, to all departments. to the Office of the City Manager and to
the Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical
order;
(2) The name of the department that recommends initiation of the debarment
action;
(3) The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when
applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the
department recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating
to each debarment;
(2) Establish procedures to provide for the effective use of the List, including
internal distribution thereof to ensure that departments do not solicit
offers from, award contracts to, or consent to subcontracts with
contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such
responses with the department that recommended the action,
Section 2-400.
Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments
shall not solicit offers from award contracts to, or consent to subcontracts with
these contractors unless the City Manager determines that an emergency exists
justifying such action. and obtains approval from the Mayor and City
Commission, which approval shall be given by 5/7ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 59 of 72
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(d)
Debarred contractors are excluded from acting
as individual sureties.
Section 2-401,
Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts.
as well as Request for Proposals (RFP). Request for Qualifications (RFO).
Requests for Letters of Interest (RFLI). or bids issued be the City. shall
incorporate this ordinance and specify that debarment may constitute grounds
for termination of the contract as well as disqualification from consideration on
any RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 5/7ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contract or consent to subcontracts with debarred contractors, unless the City
Manager determines that an emergency exists justifying the renewal or
extension or for an approved extension due to delay or time extension for
reasons beyond the contractor's control and such action is approved by 517ths
vote of the Mayor and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2.402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 5/7ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to bid opening or opening of proposals, where
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 60 of 72
the contract was awarded be the City pursuant to an RFP, RFO, RFU, or bid.
Section 2-403.
Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any
of the causes listed in this ordinance using the procedures outlined below. The
existence of a cause for debarment however, does not necessarily require that
the contractor be debarred; the seriousness of the contractor's acts or omissions
and any mitigating factors should be considered in making any debarment
decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling twenty-five (25) percent of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the debarred
decision is limited by its terms to specific divisions, organizational elements or
commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond. Future
affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil
judgment,
(1) For commiSSion of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in
whole or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the
submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
(4) Which makes the City the prevailing party in a legal p-oceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or
subcontract funded in whole or in part by City funds such as failure to
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 61 of 72
perform in accordance with the terms of one (1) or more contracts as
certified by the City department administering the contract; or the failure
to perform or unsatisfactorily perform in accordance with the terms of one
(1) or more contracts, as certified by an independent registered architect
engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment
as a potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
Section 2-405.
Debarment procedures.
(a) Requests for the debarment of contractors may be initiated
by a City Department or by a citizen-at large and shall be made in writing to the
Office of the City Manager. Upon receipt of a request for debarment, the City
Manager shall transmit the request to the Mayor and City Commission at a
regularly scheduled meeting. The Mayor and City Commission shall transmit the
request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s)
concerning the proposed debarment, including the cause and grounds for
debarment as set forth in this ordinance.
(b) Upon completion of the aforestated written report, the City
Manager shall forward said report to the Debarment Committee. The City's
Procurement Office shall act as staff to the Debarment Committee and, with the
assistance of the City department person or persons which prepared the report
present evidence and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment
Committee having received the request for debarment and written report, the
City's Procurement Office, on behalf of the Debarment Committee shall issue a
notice of proposed debarment advising the contractor and any specifically
named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
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DATE: February 24,2003
CITY OF MIAMI BEACH
Page 62 of 72
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions
based upon a conviction or judgment, or in which there is no genuine dispute
over material facts, the Debarment Committee shall make a decision on the
basis of all the undisputed material information in the administrative record,
including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide
what weight to attach to evidence of record, judge the credibility of witnesses,
and base its decision on the prepondenance greater weight of the evidence
standard. The Debarment Committee shall be the sole trier of fact. The
Committee's decision shall be made within ten (10) working days after
conclusion of the hearing, unless the Debarment Committee extends this period
for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's
factual findings, the principal causes of debarment as enumerated in this
ordinance, identification of the contractor and all named affiliate: affected by the
decision, and the specific term, including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt requested, or hand delivery,
within ten (10) working days of the decision, specifying the reasons for
debarment and including a copy of the Committee's written decision;
stating the period of debarment, ircluding effective dates; and advising
that the debarment is effective throughout the City departments.
(2) If debarment is not imposed, the City Manager shall notify the contractor
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 63 of 72
and any named affiliates involved, by certified mail. return receipt
requested. or personal service, within ten (10) working days of the
decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is signed by the City Manager. Decisions of the Debarment
Committee are subject to review by the Appellate Division of the Circuit Court. A
debarred contractor may seek a stay of the debarment decision in accordance
with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the
Debarment Committee. Debarment shall be for a period commensurate with the
seriousness of the cause(s), and where applicable, within the guidelines set
forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where
mitigating or aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
(4) For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
(5) For commission of an offense as described in
subsections 2404(b)(1) or (2): two (2) to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the
period of debarment, upon the contractor's written request for reasons
such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment
was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons
for requesting a reduction in the debarment period, The City's Procurement
Office, with the assistance of the affected department shall have thirty (30) days
from receipt of such request to submit written response thereto. The decision of
the Debarment Committee regarding a request made under this subsection is
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DATE: February 24,2003
CITY OF MIAMI BEACH
Page 64 of 72
final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
may be renumbered relettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March 2000.
PASSED and ADOPTED this 23rd day of February 2000.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 65 of 72
ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING
PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS
(RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND
PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION";
BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, in accordance with the public bidding procedures set
forth in Florida law and the Code of the City of Miami Beach (the "City Code");
and
WHEREAS, such process may lead to protested bids and proposed awards;
and
WHEREAS, it is the intent of the Mayor and City Commission that
procedural and technical issues related to Invitations for Bids, Requests for
Proposals, Requests for Qualifications, Requests for Letters of Interest, and
purchase orders based on written or oral quotations, be decided by the City
Manager and the City Attorney, and that their determinations with respect to
said procedural and technical issues shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM I BEACH, FLORIDA, as follows:
Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code
a new Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed
Awards.
RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 66 of 72
(a) Right to Protest. Any actual bidder, qualified proposer, or interested
parties (hereinafter collectively referred to as the "bidder") who has a
substantial interest in, and is aggrieved in connection with the solicitation or
proposed award of, a request for proposals CRFP"), request for qualifications
("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods
and/or services ("hereinafter, collectively referred to as the bid") may protest to
the City Manager or his or her designee. Protests arising from the decisions
and votes of any evaluation or selection committee shall be limited to protests
based upon alleged deviation(s) from established purchasing procedures set
forth in this Code, any written guidelines of the Procurement Department, and
the specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes
of this ordinance, "business day" means a day other than Saturday,
Sunday or a national holiday), from the time the facts become known
and, in any case, at least two (2) business days prior to the opening
of the. Such protest must be made in writing to the City Manager or
his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. Failure to timely
protest bid specifications, requirements and/or terms is a waiver of
the ability to protest the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of
any evaluation or selection committee as provided in subsection (a)
above, shall be submitted in writing to the City Manager, or his or her
designee. The City will allow such bid protest to be submitted anytime
until two (2) business days following the release of the City
Manager's written recommendation to the City Commission, as same
is set forth and released in the City Commission agenda packet, for
award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds
on which it is based, and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. All actual bidders shall be notified in
writing (which may be transmitted by electronic communication, such
as facsimile transmission and/or e-mail), following the release of the
City Manager's written recommendation to the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may
protest to the City Manager or his or her designee anytime during the
procurement process, up to the time of the award of the purchase order,
but not after such time. Such protest shall be made in writing and state the
particular grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
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DATE: February 24, 2003 Page 67 of 72
complies with the requirements of this section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not
be limited to, staff time, legal fees and expenses (including expert witness
fees), reproduction of documents and other out-of-pocket expenses.
(d) Authority to Resolve Protests. The City Manager or his or her designee
shall have the authority to settle and resolve a protest concerning the
solicitation or award of a bid.
(e) Responsiveness. Prior to any decision being rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. +he
dotermination of the City Manager and tho City !\ttorney with resard to all
procedural and technical matters shall be final.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may appeal said decision by filing an original action in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the applicable court rules. Any action not
brought in good faith shall be subject to sanctions including damages
suffered by the City and attorney's fees incurred by the City in defense of
such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the
protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest
under this section, the City shall not proceed further with the solicitation or
with the award pursuant to such bid unless a written determination is made
by the City Manager, that the award pursuant to such bid must be made
without delay in order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
U) Protests not timely made under this section shall be barred. Any basis
or ground for a protest not set forth in the letter of protest required under
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DATE: February 24,2003 Page 68 of 72
this section shall be deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid
is presented at a meeting of the Mayor and City Commission, the City
Attorney, or his or her designee, shall present a report to inform the Mayor
and City Commission of any legal issues relative to any bid protest filed in
connection with the bid in question.
(I) The determination of the City Manaaer and the City Attornev with reaard to
all procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of January, 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
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RFP NO: 33-02/03
DATE: February 24,2003
CITY OF MIAMI BEACH
Page 69 of 72
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION ~485
THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE
DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING
DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division
3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2.485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided
herein listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting
period. The statement shall list in detail each expenditure by category, including food
and beverage, entertainment, research, communication, media advertising,
publications, travel, lodging and special events.
b.
If no com ensation has or will be aid
concerning the subiect lobbv services. a statement shall nonetheless be filed reflectinq
as such.
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DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 70 of 72
c. Any change to information originally filed shall require that the lobbyist
principal under subsection (b) above) file,
The lobbyist ( principal) a continuing
information and amend said reports when so needed.
tbtllD The city clerk shall notify any lobbyist (or principal) who fails to timely file
an the expenditure or fee discloslf"e reports referenced in sections (a) and (b) above.
In addition to any other penalties which may be imposed as provided is section :;!.
485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date.
W till The city clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports
referenced above and or pay the assessed fines after notification.
fGt ill A lobbyist (or principal) may appeal a ine and may request a hearing
before the Miami-Dade Commission on Ethics and Public Trust. A request for a
hearing on the fine must be filed with the Miami-Dade Commission on Ethics and
Public Trust within 15 calendar days of receipt of the notification of the failure to file the
required disclosure form. The Miami-Dade Commission on Ethics and Public Trust
shall have the authority to waive the fine, in whole or in part, based on good cause
shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
RFP NO: 33-02/03
DATE: February 24, 2003
CITY OF MIAMI BEACH
Page 71 of 72
SECTION 3,
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of ~2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
ATl'F.ST:
MAYOR.
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CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissione Simon
Cruz, Jose Smith and Richard Steinberg)
~ reflects changes between first and second reading.
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