R2A-Issue ITN Lease Of City Owned Light Poles For Telecommunications EquipmentCOMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR AUTHORITY TO ISSUE INVITATION
FOR THE LEASE OF CITY OWNED LIGHT
TELECOMMUNICATIONS EQUIPMENT.
TO NEGOTTATE (lTN) NO. 2015-113-LR
POLES FOR THE PLACEMENT OF
lntended Outcome Su
Supporting Data (Surveys, Environmenta! Scan, etc.): N/A
Item Summary/Recommendation :
At the January 14,2015, City Commission meeting, the Mayor and City Commission of the City of
Miami Beach, Florida, directed the Administration to prepare an Invitation to Negotiate (lTN) for the
leasing of City-owned light poles on the right-of-ways for the placement of telecommunications
equipment.
Through the lTN, the City of Miami Beach (the "City") is requesting proposals from qualified parties
interested in submitting proposals to the City to lease City-owned light poles for the installation and
operation of telecommunications equipment. The purpose of this ITN is provide the opportunity for
communications services providers to lease authorized City-owned light poles, as well as provide a
means of revenue to the City for the use of said properties.
The successful proposer may be exclusively entitled to lease every Sth pole owned by the
City. Every Sth pole shall be defined as a City owned pole, as defined at 114-1 of the Land
Development Regulations, from North to South or East to West, provided, however, under no
circumstances, shall a proposer be entitled to utilize a City pole within 500 feet of another City pole
utilized by the same proposer. Additionally, all proposers that are selected shall be required to
comply with the City's Telecommunications Ordinance, Chapter 1Q4, of the City Code and shall be
required to execute a pole attachment agreement. .
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of ITN
2015-113-LR for the Leasing of City-Owned Light Poles for the Placement of Telecommunications
Eouioment.
Board Recommendation:
Financial lnformation:
Source of
Funds:
Financial lmpact Summary: N/A
Alex Denis, Director Ext # 6641
EMENT\ITN 2015-- Lease of City-Owned Light Poles -
AGENDA rTET'I R2 A* AAIAMIBTACH a*re l-27- lS16
MIAMI BEACH
City of Miqmi Beoch, 1 700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members ilf tre citvfommission
FRoM: Jimmy L. Morates, City Manager h A=-DATE: January 27,2015
sUBJECT: REQUEST FOR AUTHORITY TCl ISSUE INVITATION TO NEGOTIATE (rrN) No.
FOR THE2015.113-LR FOR THE LEASEI OF CITY OWNED LIGHT POLES
PLACEMENT OF TELECOMMUNICATIONS EQUIPMENI.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the lTN.
BAGKGROUND
At the January 14,2015, City Commission meeting, the Mayor and City Commission of the City
of Miami Beach, Florida, directed the Administration to prepare an lnvitation to Negotiate (lTN)
for the leasing of City-owned light poles on the right-of-ways for the placement of
telecommunications equipment.
SCOPE OF SERVICES
Through the lTN, the City of Miami Beach (the "City") is requesting proposals from qualified
parties interested in submitting proposals to the City to lease City-owned light poles for the
installation and operation of telecommunications equipment. The purpose of this ITN is provide
the opportunity for communications services providers to lease authorized City-owned light
poles, as well as provide a means of revenue to the City for the use of said properties.
The successful proposer may be exclusively entitled to lease every Sth pole owned by the
City. Every Sth pole shall be defined as a City owned pole, as defined at 114-1 of the Land
Development Regulations, from North to South or East to West, provided, however, under no
circumstances, shall a proposer be entitled to utilize a City pole within 500 feet of another City
pole utilized by the same proposer. Additionally, all proposers that are selected shall be required
to comply with the City's Telecommunications Ordinance, Chapter 104, of the City Code and
shall be required to execute a pole attachment agreement. .
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of ITN
2015-113-LR for the Leasing of City-Owned Light Poles for the Placement of
Telecommunications Equipment.
ATTACHMENTS:
ITN 2015-113-LR for the Leasing of City-Owned Light Poles for the Placement of
Telecommunications Equipment
JLM/MT/MSiEC/AD
T:\AGENDA\201 SUanuary\PROCUREMENnITN 201 5-1 13-LR - Lease of City-Owned Light Poles - ISSUANCE MEMO.docx
17
TNVTTATON TO NEGOTTATTON (lTN)
LEASE OF CITY-OWNED LIGHTPOLES FOR THE PLACEMENT OF
TELECOMMU NICATIONS EQUIPMENT
2015-11 3-LR
ITN ISSUANCE DATE: XXX, 2015
PROPOSALS DUE: XXX, 2015 @ 3:00 PM
ISSUED BY: Lourdes Rodriguez, CPPB
# MIAMIBEACH
Lourdes Rodriguez, Senior Procurement Speciqlist
DEPARTMENT OF PROCUREMENT MANAGEMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l 39
305.623 .7000 x 6652 | www.miomibeochfl.gov
18
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TABLE OF CONTENTS
SOLIGITATION SEGTIONS:PAGE
0100 NoT uTtLtzED ......... ............. x
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS .............. X
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ........... X
0400 PRoPoSAL EVALUATTON ....... ............. x
APPEND!CES:
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D GIS SURVEY OF POLE LOCATIONS
APPENDIX E REVENUE PROPOSAL FORM
APPENDIX F SAMPLE AGREEMENT
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SECTION ()2()() INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (lTN) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]")if this ITN results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this lTN. Any prospective
Proposer who has received this ITN by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this lTN. Failure to receive an addendum may
result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach (the "City") is requesting proposals from qualified parties interested in submitting proposals
to the City to lease City-owned light poles for the installation and operation of telecommunications equipment. The
purpose of this ITN is provide the opportunity for communications services providers to lease authorized City-owned
light poles, as well as provide a means of revenue to the City for the use of said properties. The list of authorized
light poles is included in Appendix D.
The successful proposer may be exclusively entitled to lease every 5t pole owned by the City. Every 5tn pole shall
be defined as a City owned pole, as defined a|114-1 of the Land Development Regulations, from North to South or
East to West, provided, however, under no circumstances. shall a proposer be entitled to utilize a City pole within
500 feet of another City pole utilized by the same proposer. Additionally, all proposers that are selected shall be
required to comply with the City's Telecommunications Ordinance, Chapter 104, of the City Code and shall be
required to execute a pole attachment agreement. ,
lnterested parties are invited to submit a proposal in accordance with Section 0300 of this lTN.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
The tentative schedule for this solicitation is as follows:
ITN lssued
Pre-Proposal Meeting
Deadline for Receipt of Questions
Responses Due
Evaluation Committee Review
Proposer Presentations
Tentative Commission Approval Authorizing Negotiations
Contract Negotiations Following Commission Approval
tTN 201 5-t I 3-LR
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305 673-7000 #6652
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The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall- 4s Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory, Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER'.1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
ITN expressing their intent to participate via telephone,
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation, Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
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8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0
. CONE 0F S|LENCE,... CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2-371
o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3
o LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES... CITY CODE SECTIONS 2481 THROUGH 2-406
o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES . CITY CODE SECTION 2488
o REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS. ..,. CITY CODE SECTION 2-373
o LIVING WAGE REQUIREMENT........... CITY CODE SECTIONS 2407 THROUGH2-410
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
o FALSE CLAIMS 0RD|NANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards, Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETEMN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION 0F AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals, The City Manage/s
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptable Agreement.
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13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or relect all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer,
15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City,
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this lTN. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
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21. MANNER 0F PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence,
23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
G. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach,
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply, ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
25 ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
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26. LAWS. PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
27. OPTIONAL CONTMCT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon, The contractor
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded.
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32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Arl.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier,
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATIONMITHDRAWALS 0F PROPOSALS. A Proposer may submit a modified Proposalto replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO ITN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this ITN, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or relect any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the ITN to which Proposer took exception to (as
said term and/or condition was originally set forth on the ITN).
35. 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.
Balance of Paqe lntentionallv Left Blank
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SECTION ()3()()
lD ',n,. l,',',' BEACI-1:
PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted and delivered to the City of
Miami Beach, Procurement Department, 1700 Convention Center Drive,3rd Floor, Miami Beach, Florida 33139. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received
electronically, either through email or facsimile, are not acceptable and will be relected.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or othenruise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Lefter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
irements established in Appendix C, Minimum Requirements and
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement,
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and Contractors to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein, No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet, The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as oossible in the solicitation . For assistance with of the SQR submittal
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contact Dun & Bradstreet at800-424-2495.
and
Submit detailed information on how Proposer plans to accomplish the required scope of seryices, including detailed
information, as applicable, which addresses, but need not be limited to: a complete listing, including a location map
and coordinates of each pole for which the Proposer is submitting a proposal; implementation/installation plan and
details; breadth and range of proposed system; plan for installation of any conduits, electricity, etc.; marketing; and
risk mitioation ooti
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-Contractors) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
Cost
Submit com Form ixE
ilN 20t5-I |3-LR tl
28
sEcTtoN 0400
g i'1^'i lui'.r,,$546n
PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each Proposal in accordance with the requirements set forth in the solicitation, lf further information is desired,
Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to
the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is
important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The
Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 &
Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to
the City Commission,
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee,
appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:. review and score all proposals received, with or without conducting interview sessions; or. review all proposals received and short-list one or more Proposers to be further considered
during subsequent
Proposer Experience and Qualifications, including Financial Capability
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows,
Revenue Proposal
Veterans Preference
4. Revenue Proposa! Evaluation. The revenue proposal points shall be awarded by site and shall be developed
in accordance with the following formula:
Samole Obiective Formula for Revenue
Vendor Vendor
Revenue
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest revenue I revenue of
proposal being evaluated X
maximum allowable points =
awarded points)
Round to
Total
Points
Awarded
For
Each
Site
Vendor A $200.00 20 $200 , $200 x20 -- 20 20
Vendor B $150.00 20 $150, $200 X 20 = 13 15
Vendor C $100.00 20 $100/$200X20=10 10
tTN 2015-t t3-LR 12
29
b
-
^.I.,'BEACH
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management.
Step 1 and 2 scores will be converted to rankings in accordance with the example below:
* Final Ranking for each site is presented to the City Manager for further due diligence and recommendation
to the City Commission. Final Ranking does not constitute an award recommendation until such time as the
City Manager has made his recommendation to the City Commission, which may be different than final
ranking results.
Committee
Member 1
Step 1
Points
82 76 80 82
Step 2
Points
22 15 't2 20
Total 104 91 92 102
Rank 1 2 1
uommtfiee
Member 2
Step 1
Points
79 85 72 79
Step 2
Points
22 15 12 20
Total 101 100 84 99
Rank 1 2 2 1
Committee
Member 2
Step 1
Points
80 74 66 80
Step 2
Points
22 15 12 20
Total 102 89 78 100
Rank 2 2 1
rN 20t5-t t3LR t3
30
APPENDIX A
MIAMIBEACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
LEASE OF CITY-OWNED LIGHTPOLES
FOR THE PLACEMENT OF
TE LECOMMU N ICATIONS EQU I PME NT
PROCUREMENT DEPARTMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
ltN 20 1 5- il 3-LR l4
31
Solicitation No: 201 5-060-LR Solicitation Tifle: LEASE OF
THE PLACEMENT OF
EAUIPMENT
CITY-OWNED LIGHTPOLES FOR
TELECOMMUNICATIONS
Procurement Contact: Lourdes Rodriguez Tel: 305 673-7000 #6652 Email: LourdesRodriguez@miamibeachfl .gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREIIIENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation.
FIRM NAME:
No of Years in Business:No ofYears in Business Locally: I No of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EII/AIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
tTN 20I 5-t I 3-LR t5
32
2.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
l---l ves [--l r.ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
[__-l vrs [--l trto
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-Contractors) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling flnancial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its
proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a conhact to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the conskuction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real propefi to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
4.
tTN 201 5-t I 3-LR l6
33
8.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will skive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Receiot
lnitial to Confirm
Recninl
lnitial to Confirm
Reminl
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum B Addendum'13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
ilN 20l5-II3-LR 17
34
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice, lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Governmenlin-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is kue, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
ilN 20t5-II3-LR IB
35
I hereby ceftify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Certification, Questionnaire and Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Proposeis Auhorized Representative:
Signafu re of Propose/s Authorized Representative:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of _) stated that (s)he is the
of-,acorporation,andthattheinstrumentWaSSignedinbehalfof
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed, Before me:
Notary Public for the State of Florida
My Commission Expires:
ltN 20 t5- I I 3-LR t9
36
APPENDIX B
@ MIAMIBEACH
"No Bid" Form
LEASE oF crTY-owNED LIGHTPoTTS
FOR THE PLACEMENT OF
TELECOMMUN ICATIONS EQUI PMENT
PROCUREMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch. Florido 33.l39
tTN 2015-r t3 rR
37
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR |ND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT DEPARTMENT
ATTN: Lourdes Rodriguez
rTN #2015-060-LR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
rTN 20r5-r r3 LR 2l
38
APPENDIX C
&MIAMIBEACH
Minimum Requirements
& Specificotions
LEASE OF CITY.OV/NED LIGHTPOLES
FOR THE PLACEMENT OF
TE LECOMMU N ICATIONS EQU I PME NT
PROCU REMENT DEPARTMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33,l39
llN 20 t5- l I 3-LR 22
39
C1. MINIMUM REQUIREMENTS. The Minimum Eligibility Requirements for this solicitation are
listed below. Proposer shall submit detailed verifiable information affirmatively documenting
compliance with each minimum requirement, Proposers that fail to comply with minimum
requirements will be deemed non-responsive and will not be considered.
1. Proposer shall demonstrate that it is routinely engaged in providing the services outlined in
this lTN.
C2. SCOPE OF WORK REQUIRED.
The City of Miami Beach owns a number of facilities that may be viable to support
telecommunication facilities that will enhance cellular and other communication services available
to local residents, businesses, and visitors, These sites could also generate ongoing lease
revenues to augment the City's General Fund.
Through this lTN, the City is soliciting proposals from a qualified individual or firm with
demonstrated expertise in leasing and managing telecom sites on public property. Following is a
summary of the services and arrangements desired by the City.
o Site Selection. Appendix D contains the locations of light poles on City righlof-ways.
Proposers are cautioned that the survey may contain location errors. lt is the responsibility
of the Proposer to verify each pole location prior to submitting a proposal. A complete
listing, including a location map and coordinates, of each site for which the Proposer is
submitting a proposal is to be submitted in each Proposer's response. The City reserves
the right to negotiate site selection with any Proposer.o The Proposer offering the highest monthly charge for any particular pole will have
the right of first refusal over other Proposers offering to utilize the same pole,
. Marketing. The Contractor may market agreed upon City properties to prospective
wireless telecom tenants for use as a telecommunications transmitting and receiving
location and the installation, operation, and maintenance of telecommunications equipment
and systems, including, but not limited to, towers, poles, transmitters, receivers, antenna
support masts, cabling, wiring, and accessories (collectively, "Telecom Equipment"). The
Contractor may or may not have exclusive right, depending on proposal submitted, to
market the properties under lease to prospective telecom lessees for installation, operation
and maintenance of such Telecom Equipment. The Contractor may, at its own expense,
engage Contractors, independent contractors, brokers or others to assist in marketing the
Property.
. Lease Agreement. The sample lease agreement that the City intends to use for any
resulting agreement is attached. Proposer should review lease agreement carefully prior to
submittal of Proposal. The City does not anticipate allowing any changes to the said lease
agreement,
o No lease term, including extensions, shall exceed nine (9) years,
tTN 2015-t I 3-LR a')LJ
40
lnstallations. The Contractors shall seek the City's approval for any installation plans and
specifications to address issues related to space requirements, telecom equipment location, pole
configuration, building aesthetics, and other structural or engineering requirements. Any work done
that will disrupt building residents must be completed during regular business hours and
coordinated with City staff upon reasonable notice, lnstallation of all equipment must be performed
such that existing pole wananties are not voided. Contractor is responsible for any damage
resulting from the installation, including but not limited to any damage relating water infiltration.
Legal Compliance. The Contractor shall comply with all zoning ordinances, building codes and all
other applicable laws, including (but not limited to) Federal Communications Commission, Federal
Aviation Administration and other relevant regulatory agency laws regarding telecom equipment
installation, operation, maintenance, repair and/or replacement,
Lease Revenues. The City will collect monthly rental payments,
Exclusivity. The successful proposer may be exclusively entitled to lease every sth pole owned by
the City. Every 5n pole shall be defined as a City owned pole, as defined at 114-1 of the Land
Development Regulations, from North to South or East to West, provided, however, under no
circumstances. shall a proposer be entitled to utilize a City pole within 500 feet of another City
pole utilized by the same proposer. Additionally, all proposers shall be required to comply with the
City's Telecommunications Ordinance, Chapter 104, of the City Code and execute a pole
attachment agreement in substantial form as that attached to this lTN.
il N 20 l5-t I 3-LR 24
41
g MIAMIBTACH
GIS Survey of Pole
Locotions
LEASE OF CITY-OV/NED LIGHTPOLES
FOR THE PLACEMENT OF
TELECOMMU NICATIONS EQUI PMENT
APPENDIX D
DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
42
GIS Survey
of Pole Locotions
{ a B* Fro'i:Ced By Public vliorks Under Separtle Cover
43
g AAIAMIBEACH
Revenue Proposol Form
LEASE OF CITY-O\^/NED LIGHTPOLES
FOR THE PLACEMENT OF
TELECOMMUN ICATIONS EQUI PMENT
APPENDIX E
DEPARTMENT OF PROCU REMENT MANAGEMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33139
44
APPENDIX E
REVENUE PROPOSAL FORM
Proposer affirms that the amounts stated below represent the entire revenue of the items in full accordance with the requirements of
this lTN, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made to
reduce monthly revenue on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes
or any other factor unless provision is allowed herein and has been exercised by the City Manager in advance. REVENUE
PROPOSAL FORM shall be completed mechanically or, if manually, in ink. REVENUE PROPOSAL FORM completed in pencil shall
be deemed non-responsive. Allcorrections on the REVENUE PROPOSAL FORM shall be initialed.
1 The Monthly Revenue to the City Per Pole shall be the amount utilized to allocate points pursuant to Step 2 Evaluation Process
outlined in Section 0400.
2 Proposer shall, on a separate sheet, list every utility pole proposed to be utilized, including the street name and pole coordinates
Company:
Authorized Representative:
Au$orized Representative's Signature:
45
APPEN DIX F
Somple Leose
Agreement
LEASE OF CITY.OV/NED LIGHTPOLES
FOR THE PLACEMENT OF
TELECOMMUNICATIONS EQUI PMENT
DEPARTMENI OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
46
b
:MIAMIBEACH
SAMPLE LEASE AGREEMENT
This document sets forth the Lease Agreement terms and minimum levels of insurance that the
contractor is required to agree to and maintain throughout the term of the contract and any renewal
periods.
Mururcrpll Polr Usr AcREEuerur
THIS MUNICIPAL POLE USE AGREEMENT (this "Use Agreement") is dated as of 2014 (the
"Effective Date"), and entered into by and between the Ctrv oF MrAMr BERCn, a Florida municipal corporation (the
"City"), and _ (Lrsson).
RrcrrRlsA. Lessor owns, maintains, operates and controls, in accordance with regulations promulgated by the
Federal Communications Commission and the Florida Public Service Commission, a fiber-based
telecommunications Network or Networks (as defined below) serving Lessor's wireless carrier
customers and utilizing microcellular optical repeater Equipment (as defined below) certified by the
Federal Communications Commission,B. The City, through its Department of Engineering, owns, operates and maintains Municipal Facilities
(as defined below) in the Public Way (as defined below),C. For purpose of operating the Network, Lessor wishes to locate, place, attach, install, operate,
control, and maintain Equipment in the Public Way (as defined below) on the Municipal Facilities.
AcReeueur
Now, tneneFoRE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and incorporated herein, the parties agree to the following covenants, terms, and conditions:
1. Dertutrtous. The following definitions shall apply generally to the provisions of this Use Agreement:
'1.1 City. ("City") shall mean the City of Miami Beach, including all of its operating departments and divisions,
1.2 Lessorlessor or Lessor. "Lessor'' shall mean and its lawful successors,
assigns, and transferees.
1.3 Decorative Streetlight Pole. "Decorative Streetlight Pole" shall mean any streetlight pole that incorporates
artistic design elements not typically found in standard steel or aluminum streetlight poles.
1.4 Equipment. "Equipment" means the optical repeaters, multiplexers, antennae, fiber optic cables, wires, and
related equipment, whether referred to singly or collectively, to be installed and operated by Lessor hereunder.
Examples of typical Equipment types and installation configurations are shown in the drawings and photographs
attached hereto as Exhibit A and incorporated herein by reference.
1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to
entities doing business in the City lavufully imposed by any governmental body (but excluding any utility users'
tax, franchise fees, communications tax, or similar tax or fee).
1.6 ILEC. "ILEC' means the lncumbent Local Exchange Carrier that provides basic telephone services, among
other telecommunications services, to the residents of the City.
47
1.7 lnstallation Date. "lnstallation Date" shall mean the date that the first Equipment is installed by Lessor
pursuant to this Use Agreement.
1.8 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial
decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City, State, Nation,
or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement,
1.9 Municipal Facilities. "Municipal Facilities" means City-owned Streetlight Poles, Decorative Streetlight Poles,
lighting fixtures, electroliers, Traffic Signal Poles, catenary poles, sign posts, or other City-owned structures
located within the Public Way and may refer to such facilities in the singular or plural, as appropriate to the
context in which used.
1.'10 Network. "Network" or collectively "Networks" means one or more of the neutral-host, protocol-agnostic,
fiber-based optical repeater networks operated by Lessor to serve its wireless carrier customers in the City.
1.11 Public Way, "Public Way" means the space in, upon, above, along, across, and over the public streets,
roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public
utility easements and public service easements as the same now or may hereafter exist, that are under the
jurisdiction or owned by the City. This term shall not include county, state, or federal rights of way or any
property owned by any person or entity other than the City, except as provided by applicable Laws or pursuant to
an agreement between the City and any such person or entity.
1.12 PSC. "PSC' means the Florida Public Service Commission.
1 .13 Services. "Services" means the RF transport and other telecommunications services provided through the
Network by Lessor to its wireless carrier customers pursuant to one or more tariffs filed with and regulated by the
PUC.
1.14 Streetlight Pole. "Streetlight Pole" shall mean any standard-design concrete, fiberglass, metal, orwooden
pole used for streetlighting purposes.
1,15 Traffic Signal Pole. "Traffic Signal Pole" shall mean any standard-design concrete, fiberglass, metal, or
wooden pole used to support vehicular or pedestrian traffic signals.
2. Tenna. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of nine years
commencing on the lnstallation Date, unless it is earlier terminated by either party in accordance with the provisions
herein.
3. Scope or UsE AeReenaerur. Any and all rights expressly granted to Lessor under this Use Agreement, which shall
be exercised at Lessor's sole cost and expense, shall be subject to the prior and continuing right of the City under
applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other person or entity
and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances,
and claims of title of record which may affect the Public Way. Nothing in this Use Agreement shall be deemed to
grant, convey, create, or vest in Lessor a real property interest in land, including any fee, leasehold interest, or
easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the
reasonable prior review and approval of the City except that it is agreed that no zoning or planning board permit,
variance, conditional use permit or site plan permit, or their equivalent under the City's ordinances, codes or laws,
shall be required for the installation of Lessor's Equipment installed in the Public Way and/or on Municipal Facilities,
unless such a process has been required for the placement of all communications facilities and equipment in the
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Public Way by all other telecommunications providers, including but not limited to the ILEC and local cable
provide(s).
3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Lessor to enter upon the Public
Way and to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and
replace Equipment in or on Municipal Facilities for the purposes of operating the Network and providing Services.
On a case-by-case basis subject to City approval in its sole discretion, subject to the provisions of $ 4.5 below,
Lessor shall have the right to draw electricity for the operation of the Equipment from the power source
associated with each such attachment to Municipal Facilities and is responsible for the cost of such use in
compliance with section 4.3.
3,2 Preference for Municipal Facilities. ln any situation where Lessor has a choice of attaching its Equipment to
either Municipal Facilities or third-party-owned property in the Public Way, Lessor agrees to attach to the
Municipal Facilities, provided that (i)such Municipal Facilities are at least equally suitable functionally for the
operation of the Network and (ii)the rental fee and installation costs associated with such attachment over the
length of the term are equal to or less than the fee or cost to Lessor of attaching to the alternative third-party-
owned property.
3.3 No lnterference. Lessor in the performance and exercise of its rights and obligations under this Use
Agreement shall not interfere in any manner with the existence and operation of any and all public and private
rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, arial and underground electrical and
telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property,
without the express written approval of the owner or owners of the affected property or properties, except as
permitted by applicable Laws or this Use Agreement.
3.4 Compliance with Laws. Lessor shall comply with all applicable Laws in the exercise and performance of its
rights and obligations under this Use Agreement,
4, CotrrperusATroN; Urttw cHARGES. Lessor shall be solely responsible for the payment of all lawful Fees in
connection with Lessor's performance under this Use Agreement, including those set forth below.
4.1 Annual Fee. ln order to compensate the City for Lessor's entry upon and deployment within the Public Way
and as compensation for the use of Municipal Facilities, Lessor shall pay to the City an annual fee (the "Annual
Fee") in the amount of for the use of each Municipal Facility, if any, upon which
Equipment has been installed pursuant to this Use Agreement. The aggregate Annual Fee with respect to each
year of the term shall be an amount equal to the number of Equipment installed on Municipal Facilities during the
preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and
payable not later than forty-five (45) days after each anniversary of the lnstallation Date. The City represents and
covenants that the City owns all Municipal Facilities for the use of which it is collecting from Lessor the Annual
Fee pursuant to this $ 4.1.
4.1.1 CPI Adjustment. Effective commencing on the fifth (sth) anniversary of the lnstallation Date and,
annually thereafter during the term, the Annual Fee shall be adjusted by a percentage amount equal to the
percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price lndex for
Miami.
4.2 Accounting Matters. Lessor shall keep accurate books of account at its administrative office in
or such other location of its choosing for the purpose of determining the amounts due to the
City under $$ 4.1 above, The City may inspect Lessor's books of account relative to the City at any time during
regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the
City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due
under $ 4.1 above. The City agrees to hold in confidence any non-public information it learns from Lessor to the
fullest extent permitted by Law.
4.3 Electricity Charges, For all eleckical power obtained from third party providers, Lessor shall be solely
responsible for the payment of all electrical utility charges to the applicable utility provider based upon the
Equipment' usage of electricity and applicable tariffs.
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5. CotlsrnucTtoN. Lessor shall comply with all applicable federal, State, and City codes, specifications, and
requirements, if any, related to the construction, installation, operation, maintenance, and control of Lessor's
Equipment installed in the Public Way and on Municipal Facilities in the City. Lessor shall not attach, install,
maintain, or operate any Equipment in or on the Public Way or on Municipal Facilities without the prior approval of the
City for each location,
5.1 Obtaining Required Permits. lf the attachment, installation, operation, maintenance, or location of the
Equipment in the Public Way shall require any permits, Lessor shall, if required under applicable City ordinances,
apply for the appropriate permits and pay any standard and customary permit fees, so long as the permit fees
and process that the City requests of Lessor are functionally equivalent to the fees and the process that are
applied to the ILEC and/or the cable provide(s). The City agrees to use reasonable efforts to review and approve
Lessor's applications within thirty (30) business days of submission, and if no comment is received within thirty
(30) business days, the application will be presumed to be acceptable.
5.2 Location of Equipment. The proposed locations of Lessor's planned initial installation of Equipment shall be
provided to the City prior to deployment of the Equipment. Upon the completion of installation, Lessor promptly
shall furnish to the City a pole list showing the exact location of the Equipment in the Public Way. Additional
installations during the term of this Use Agreement shall be approved and installed in accordance with this Use
Agreement, and in compliance with the requirements of state law, and Chapter 104, of the City's Code.
5.3 Relocation and Displacement of Equipment, Lessor understands and acknowledges that the City may
require Lessor to relocate one or more of its Equipment installations. Lessor shall at the City's direction relocate
such Equipment at Lessor's sole cost and expense, whenever the City reasonably determines that the relocation
is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or
maintenance of a City proJect; (b) because the Equipment is interfering with or adversely affecting proper
operation of any City-owned light poles, traffic signals, or other equipment in the Public Way; or (c) to protect or
preserve the public health or safety. ln any such case, the City shall use its best efforts to afford Lessor a
reasonably equivalent alternate location. lf Lessor shall fail to relocate any Equipment as requested by the City
within a reasonable time under the circumstances in accordance with the foregoing provision, the City shall be
entitled to relocate the Equipment at Lessor's sole cost and expense, without further notice to Lessor. To the
extent the City has actual knowledge thereof, the City will attempt promptly to inform Lessor of the displacement
or removal of any pole on which any Equipment is located.
5.4 Relocations at Lesso/s Request. ln the event Lessor desires to relocate any Equipment from one Municipal
Facility to another, Lessor shall so advise the City. The City will use its best efforts to accommodate Lessor by
making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the
terms and conditions of this Use Agreement.
5.5 Damage to Public Way, Whenever the removal or relocation of Equipment is required or permitted under this
Use Agreement, and such removal or relocation shall cause the Public Way or Municipal Facilities to be
damaged, Lessor, at its sole cost and expense, shall promptly repair and return the Public Way and Municipal
Facilities in and on which the Equipment are located to a safe and satisfactory condition in accordance with
applicable Laws, normal wear and tear excepted, lf Lessor does not repair the site as just described, then the
City shall have the option, upon fifteen (15) days'prior written notice to Lessor, to perform or cause to be
performed such reasonable and necessary work on behalf of Lessor and to charge Lessor for the proposed costs
to be incurred or the actual costs incurred by the City at the City's standard rates. Upon the receipt of a demand
for payment by the City, Lessor shall promptly reimburse the City for such costs.
6, luoeuutrtcATtoN AND WRtveR. Lessor agrees to indemnify, defend, protect, and hold harmless the City, its elected
officials, council members, officers, and employees from and against any and all claims, demands, losses, damages,
liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and
expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively,
the "Losses") directly or proximately resulting from Lessor's activities undertaken pursuant to this Use Agreement,
except to the extent arising from or caused by the negligence or willful misconduct of the City, its council or board
members, officers, elected trustees, employees, agents, or contractors.
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6.1 Waiver of Claims. Lessor waives any and all claims, demands, causes of action, and rights it may assert
against the City on account of any loss, damage, or injury to any Equipment or any loss or degradation of the
Services as a result of any event or occurrence which is beyond the reasonable control of the City.
6.2 Limitation of Liability. The City shall be liable only for the cost of repair to damaged Equipment arising from
the negligence or willful misconduct of the City, its employees, agents, or contractors. ln no event shall either
party be liable for indirect or consequential damages,
7. lusunnucr. LessorCityLessorlessorlessorCityLessorCityLessorCityLessorCityLessorCityLessor Lessor shall
provide to City certificates of insurance evidencing that Lessor has the required comprehensive general liability
insurance required of Lessor under the Agreement. ln addition, Lessor shall provide to City certificates of insurance
evidencing that Lesso/s general contractor has in effect (and shall maintain at all times during the course of the work
hereunder) workers' compensation insurance to cover full liability under workers' compensation laws of the State of
Florida with employers' liability coverage; comprehensive general liability insurance for the hazards of operations,
independent contractors, products and completed operations (for two (2) years after the date of acceptance of the
work by City and Lessor); and contractual liability specifically covering the indemnification provision in the
construction contract, such comprehensive general liability to include broad form property damage and afford
coverage for explosion, collapse and underground hazards, and "personal injury" liability insurance and an
endorsement providing that the insurance afforded under the contractor's policy is primary insurance as respects City
and Lessor and that any other insurance maintained by City or Lessor is excess and non-contributing with the
insurance required hereunder, provided that such insurance may be written through primary or umbrella insurance
policies with a minimum policy limit of $2,000,000.00. City and Lessor are to be included as an additional insured for
insurance coverages required of the general contractor. Lessor shall, throughout the Lease Term (and any other
period when Lessor is in possession of the Premises), maintain at its sole cost the following insurance:
(a) All risks property insurance, containing a waiver of subrogation rights which Lessor's insurers may have
against City and against those for whom City is in law responsible including, without limitation, its directors,
officers, agents, and employees, and (except with respect to Lessor's chattels) incorporating a standard Florida
mortgagee endorsement (without contribution). Such insurance shall insure property of every kind owned by
Lessor in an amount not less than the full replacement cost thereof (new), with such cost to be adjusted no less
than annually. Such policy shall include, as additional insureds, City and its affiliates and any mortgagee of City,
the City, and any mortgagee of the City in connection with a mortgage on the Facility.
(b) Comprehensive general liability insurance. Such policy shall contain inclusive limits per occurrence of not
less than $2,000,000; provide for severability of interests; and include as additional insureds City and its affiliates
and any mortgagee of City, and any mortgagee of City in connection with a mortgage on the Facility.
(c) Worke/s compensation and employer's liability insurance in compliance with applicable legal requirements.
(d) Any other form of insurance which Lessor or City, acting reasonably, requires from time to time in form, in
amounts, and for risks against which a prudent Lessor would insure, but in any event not less than that carried by
comparable retail establishments in Dade County, Florida,
(e) All policies referred to above shall: (i) be taken out with insurers licensed to do business in Florida and
reasonably acceptable to City; (ii) be in a form reasonably satisfactory to City; (iii) be noncontributing with, and
shall apply only as primary and not as excess to any other insurance available to City or any mortgagee of City;
(iv) contain an undertaking by the insurers to notify City by certified mail not less than thirty (30) calendar days
prior to any material change, cancellation, or termination, and (v) with respect to subsection (A), contain
replacement cost, demolition cost, and increased cost of construction endorsements. Certificates of insurance
on City's standard form or, if required by a mortgagee, copies of such insurance policies certified by an
authorized officer of Lessor's insurer as being complete and current, shall be delivered to City promptly upon
request. lf Lessor fails to take out or to keep in force any insurance referred to in this section, or should any such
insurance not be approved by either City or any mortgagee, and Lessor does not commence and continue to
diligently cure such default within two (2) business days after written notice by City to Lessor specifying the
nature of such default, then City has the right, without assuming any obligation in connection therewith, to effect
such insurance at the sole cost of Lessor and all outlays by City shall be paid by Lessor to City as additional rent
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without prejudice to any other rights or remedies of City under this Agreement. Lessor shall not keep or use in the
Premises any article which may be prohibited by any fire or casualty insurance policy in force from time to time
covering the Premises or the Retail Space.
(f) The Lessor shall furnish the Certificates of lnsurance to the City prior to commencing any operations under
this Contract, which certificates shall clearly indicate that the Lessor has obtained insurance, in the type, amount
and classifications, in strict compliance with this Section,
8. Nortces. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered
personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by
means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is
followed by delivery through the U. S, mail or by overnight delivery service as just described, addressed as follows:
if to the City:
Crry or Mrnur BEn*r
Attn: Office of the City Manager
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
With a copy to:
City Attorney
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
if to Lessor:
with a copy which shall not constitute legal notice to:
LEsson
9. DATE OF NOTICES; CHANGING NOTICE ADDRESS. Notices shall be deemed given upon receipt in the case of
personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or
overnight delivery. Either party may from time to time designate any other address for this purpose by written notice
to the other party delivered in the manner set forth above.
10. TERMINATION.
This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to
the other party upon a default of any material covenant or term hereof by the other party, which default
52
is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not
curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five
(45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace
period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly
provided herein, the rights granted under this Use Agreement are irrevocable during the term.
Lessor may terminate this Agreement prior to the expiration of the initial Lease Term or any
subsequent Renewal Term upon not less than sixty (60) day's prior written notice to the City in the
event that (a) Lessor is unable to use the Leased Premises in the manner anticipated by Lessor at the
time the Agreement was executed; (b) Lessor is unable to obtain any certificate, license, permit,
authority or approval from any governmental authority necessary for installing, removing, replacing,
maintaining and, or operating the Equipment and, or using the Leased Premises in the manner
anticipated by Lessor at the time the Agreement and non-exclusive license was executed, and, or (c)
any such certificate, license, permit, authority or approval previously issued or given is canceled,
expires, lapses or is othenruise withdrawn or terminated by such governmental authority.
1 '1. ASSIGNMENT. This Use Agreement shall not be assigned by Lessor without the express written consent of the
City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the
transfer of the rights and obligations of Lessor to a parent, subsidiary, or other affiliate of Lessor or to any successor
in interest or entity acquiring fifty-one percent (51%) or more of Lessor's stock or assets (collectively "Exempted
Transfers") shall not be deemed an assignment for the purposes of this Agreement and therefore shall not require the
consent of the City, provided that Lessor reasonably demonstrates to the City's lawfully empowered designee the
following criteria (collectively the "Exempted Transfer Criteria"): (i) such transferee will have a financial strength after
the proposed transfer at least equal to that of Lessor immediately prior to the transfer; (ii) any such transferee
assumes all of Lessor's obligations hereunder; and (iii) the experience and technical qualifications of the proposed
transferee, either alone or together with Lessor's management team, in the provision of telecommunications or similar
services, evidences an ability to operate the Network. Lessor shall give at least thirty (30) days' prior written notice
(the "Exempted Transfer Notice") to the City of any such proposed Exempted Transfer and shall set forth with
specificity in such Exempted Transfer Notice the reasons why Lessor believes the Exempted Transfer Criteria have
been satisfied. The City Commission shall have a period of thirty (30) days (the "Exempted Transfer Evaluation
Period") from the date that Lessor gives the City its Exempted Transfer Notice to object in writing to the adequacy of
the evidence contained therein. Notwithstanding the foregoing, the Exempted Transfer Evaluation Period shall not be
deemed to have commenced until the City has received from Lessor any and all additional information the City may
reasonably require in connection with its evaluation of the Exempted Transfer Criteria as set forth in the Exempted
Transfer Notice, so long as the City gives Lessor notice in writing of the additional information the City requires within
fifteen (15) days after the City's receipt of the original Exempted Transfer Notice. lf the City Commission fails to act
upon Lesso/s Exempted Transfer Notice within the Exempted Transfer Evaluation Period (as the same may be
extended in accordance with the foregoing provisions), such failure shall be deemed an affirmation by the City
Commission that Lessor has in fact established compliance with the Exempted Transfer Criteria to the City's
satisfaction.
12. MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the
parties under this Use Agreement.
A. Nonexclusive Use. Lessor understands that this Use Agreement does not provide Lessor with exclusive use
of the Public Way or any Municipal Facility and that the City shall have the right to permit other providers of
communications services to install equipment or devices in the Public Way and on Municipal Facilities. Lessor
B. Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use
Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of
the same or any other provision of this Use Agreement.
C. Severability of Provisions. lf any one or more of the provisions of this Use Agreement shall be held by court
of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be
53
deemed severable from the remaining provisions of this Use Agreement and shall not affect the legality, validity,
or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have
entered into this Use Agreement and each provision hereof regardless of whether any one or more provisions may
be declared illegal, invalid, or unconstitutional.
D. Contacting Lessor. Lessor shall be available to the staff employees of any City department having
jurisdiction over Lessor's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or
complaints resulting from the attachment, installation, operation, maintenance, or removalof the Equipment. The
City may contact by telephone the Network operations center operator at telephone number (800) 788-7011
regarding such problems or complaints.
E. Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance
with the laws of the State of Florida, regardless of conflict of law principles. lf suit is brought by a party to this
Use Agreement, the parties agree that trial of such action shall be vested exclusively in the state of Florida, in
Miami-Dade County Circuit Court, or in the United States District Court for the Southern District of Florida.
13. TRIAL BY JURY. CITY AND LESSOR EACH HEREBY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY ISSUE
OR CONTROVERSY ARISING UNDER THIS AGREEMENT,
14. SOVEREIGN IMMUNITY, MAXIMUM LIABILITY, WAIVER OF CERTAIN DAMAGES AND ATTORNEY'S
FEES. The City does not waive sovereign immunity under 768.28, Florida Statutes, for any claim for breach of
contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this
contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. Section 768.28, Florida
Statutes provides that the City shall not be liable to pay a claim or a judgment by any one person which exceeds the
sum of $200,000 or any claim or judgment or portions thereof, which when totaled with all other claims or judgment
arising out of the same incident or occurrence, exceeds the sum of $300,000,
ln any proceeding against City its maximum liability to Lessor shall not exceed its annual payment to Lessor for the
year in which the liability arose, City shall not be liable to Lessor for damages, penalties or expenses in excess of its
annual payment to the Lessor for the year in which the liability arose.
Nothing contained herein shall be construed or interpreted as denying to either party any remedy or defense
available to such party under the laws of the State of Florida or federal law. Lessor and City each waives any claims
that each may have against the other with respect to consequential, incidental, punitive or special damages, however
caused, based on any theory of liability.
15. CONSENT CRITERIA. ln any case where the approval or consent of one party hereto is required, requested or
othenruise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its
approval or consent.
16. REPRESENTATIONS AND WARRANTIES. Each of the parties to this Agreement represents and warrants that
it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations
hereunder and that such obligations shall be binding upon such party without the requirement of the approval or
consent of any other person or entity in connection herewith, except as provided in $ 3.2 above.
17. AMENDMENT OF USE AGREEMENT. This Use Agreement may not be amended except pursuant to a written
instrument signed by both parties.
18. ENTIRE AGREEMENT, This Use Agreement contains the entire understanding between the parties with respect
to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written)
between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed
herein,
19. RECORD RETENTION. Lessor shall comply with the State of Florida public record retention requirements and
54
shall maintain a copy of all documents reflecting services rendered to the City for three (3) years after the termination
of this Agreement, and final payment has been made and all other pending matters are closed. Further, Lessor shall
provide access to the City, or any of City's duly authorized representatives to any books, documents, papers, and
records which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcriptions,
20, NO PARTNERSHIP. The parties hereby acknowledge that it is not their intention under this Agreement to create
between themselves a partnership, joint venture, tenancy in common, joint tenancy, co ownership, or agency
relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Agreement,
whether based on the calculation of rental or otherwise, shall be construed or deemed to create, or to express an
intent to create, a partnership, joint venture, tenancy in common, joint tenancy, co ownership or agency relationship
of any kind or nature whatsoever between the parties hereto, The provisions of this section shall survive expiration of
the Term.
ln witness whereof, and in order to bind themselves legally to the terms and conditions of this Use
Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective
Date.
[Signature Page Follows]
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DOCUMENT DISCLOSURE:
It is understood and agreed to by Licensee that this License and all information submitted by Licensee to the City in
connection with Licensee's application for this License and all further information that may be submitted in connection
with Licensee's rights and duties under this License shall be subject to public disclosure and copying upon request to
by any person.
ATTEST:
Sign;Sign:
Print:Name:
Title:
WITNESS:CITY OF MIAMI BEACH
Name:
Title:
WITNESS:
SIGNATURE OF WITNESS Name:
Title:
TYPE NAME OF WITNESS
EXAMINED BY:APPROVED TO FORM:
Name:
TITLE
Exhibits:
Exhibit A - Equipment
LESSOR
Title:
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Exhibit A
[Add notary or attestation, as required by state law]
57
EXHIBIT *A'TO
LEASE AGREEMENT
DESCRIPTION OF THE LESSOR'S PROPERTY
58
EXHIBIT (B'TO
LEASE AGREEMENT
DESCRIPTION OF THE LESSEE'S LEASEHOLD
lAttached is a site plan reflecting the leasehold areal.
59