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20150902 SM21915.2015 MIAMIBEACH City Commission Meeting SUPPLEMENTAL MATERIAL 2 City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 2,2015 Mayor Philip Levine Vice-Mayor Edward L. Tobin Commissioner Michael Grieco Commissioner Joy Malakoff Com missioner Micky Steinberg Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Vrslf us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VIl, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists Iaws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. SUPPLEMENTAL AGENDA R2A R2 - Competitive Bid Reports Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For The Collection And Disposal Of Residential Solid Waste, Yard Trash And Bulk Waste And The Operation Of The City's Green Waste Facility. (ProcuremenUPublic Works) (Memorandum) 1 Supplemental Agenda, September 2, 2015 R5 - Ordinances RsH An Ordinance Amending Chapter 18 Of The Miami Beach City Code, Entitled "Businesses," By Amending Article Vlll, Entitled "Parking Lot," By Amending Division l, Entitled "Generally," By Amending Section 18-310, Entitled, "Requirements For lssuance Of License," By Requiring A Notarized Letter Before lssuance Of Valet Parking License; By Deleting Section 18-311, Entitled, "Employers And Valet Operators Code Of Conduct," And Creating A New Section 18-31 1 , Entitled "Operation Of Service," By Removing Language That Allowed The Leasing Of Municipal Spaces; By Removing Section 18-312, Entitled, "Operation Of Service;" By Deleting Section 18-313, Entitled, "Special Event Permit;" By Deleting Section 18-314, Entitled, "Enforcement, Fine Schedule, And Right Of Appeal;" By Deleting Section 18-315, Entitled, "Compliance Date;" By Amending Division 2, Entitled, "Valet Parking Permits For Use Of Public Property," By Amending Section 18-336, Entitled, "Separate Permit Required," Authorizing Consolidation Of Valet Parking Ramps And ldentifying The Types Of Uses For Space Rental Valet Parking; By Amending Section 18-337, Entitled, "Requirements," Which Establishes Submission Standards ForA Valet Parking Operational Plan; By Deleting Section 18-339, Entitled, "Cancellation And Revocation;" And Creating A New Section 18- 339, Entitled, "Private Storage Of Valet Vehicles," Which Requires The Parking Director To Confirm Sufficient Rental Storage Capacity; By Creating A New Section 18-340, Entitled, "Employees And Valet Operators Code Of Conduct" That Establishes The Code Of Conduct Standards For Valet Operators And Their Employees; By Creating A New Section 18-341, Entitled, "Operation Of Service," Which Requires The ldentification Of Rented Spaces, Ramping, On-Call Valet Ramps, Storage And Valet Parking Street Furniture; By Creating A New Section 18-342, Entitled, "Exceptions," That Permits Valet Service ln Residential Zoned Areas; By Creating A New Section 18-343, Entitled, "Penalties And Enforcement, Fine Schedule, Right Of Appeal," And Further Amending Division 3, Entitled, "Rentals," By Amending Section 18-361, Entitled, "Rental And Operation Of Municipal Parking Spaces," Which Modifies The Permissible Operations Of Public Spaces For Ramping; And The Deletion Of Section 18-362, Entitled, "Rental Of Additional Parking ForStorage Of Vehicles," Providing For Repealer, Severability, Codification, And An Effective Date. 10:35 a.m. Second Readinq Public Hearinq (Sponsored by Commissioner Michael Grieco) (Legislative Tracking. Parking) (First Reading on July 8, 2015 - RsO) (Ordinance) R7 - Resolutions Approve Accessible Beach, Outdoor Recreation & Playground Facility at Allison Park 1.A Resolution Approving, ln Concept, An Accessible Beach And An Accessible Outdoor Recreation And Playground Facility At Allison Park. (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Capital lmprovement Projects) Discussion Relating To The Location And Possible Concepts For A New Wellness Center At Allison Park. (Sponsored by Commissioner Joy Malakoff) ( Leg islative Tracki ng : Capital I m provement Projects) (Revised Memorandum) R7t 2. 2 Supplemental Agenda, September 2, 201 5 R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Proposals (RFP) No.2015-135-WG For Parking Meter Collection Services, And Authorizing The Administration To Enter lnto Negotiations With The Top-Ranked Proposer, LAZ Florida Parking, LLC.; Should The Administration Not Be Successful In Negotiating An Agreement With LAZ Florida Parking, LLC., Authorizing The Administration To lssue A New RFP; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (ProcuremenUParking) (Updated Memorandum & Resolution) R7P A Resolution Approving And Authorizing Amendment No. 1 To The Development Agreement Between The City And Jameck Development, lnc. (Jameck Or Developer), Dated July 23,2014, For The Design, Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (The Prolect); Said Amendment lncreasing The Budgeted Cost Of The Project To A Guaranteed Maximum Price (GMP) Of $786,200, Due To Construction Cost lncreases, But Without Changing The City's Financial Contribution To The Project (ln The Original Approved Amount Of $485,820); And Requiring The Developer To Pay For Any Project Costs Exceeding The City's Contribution. (Public Works) (Revised Exhibit "F") R7S Approve Amended And Restated Booking Policy Guidelines For MBCC And Establish Art BaselAs A Marquee Event 1.A Resolution Approving And Accepting The Recommendation Of The Finance And Citywide Projects Committee, And Approving The Amended And Restated Booking Policy Guidelines For The Miami Beach Convention Center; And Further Repealing All Prior Booking Policies For The Miami Beach Convention Center Approved By The City Commission And As Set Forth ln Resolution Nos. 98-22759,99-23168,99-23240, And 2001-24394 ln Their Entirety. (Tourism, Culture & Economic Development) (Resolution) A Resolution Establishing Art Basel ln Miami Beach As A Marquee Event Pursuant To The Miami Beach Convention Center Amended And Restated Booking Policy Guidelines. (Tourism, Culture & Economic Development) (Resolution) 2. 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To lssue A Request For Proposals (RFP) For The Collection And Disposal Of Residential Solid Waste, Yard Trash And Bulk Waste And The Operation Of The City's Green Waste Facilitv. lmprove Cleanliness ln High Traffic ResidentialAnd Pedestrian Areas, lncluding Maximizing Of Trash Cans On Everv Corner Environmental Scan, etc. N/A Item ommendation: The City of Miami Beach is requesting proposals from qualified providers of solid waste collection services. The Contractor shall collect and dispose of all residential solid waste and yard trash for all single-family homes, multiple dwelling buildings of eight (8) or fewer units under common ownership as identified by the list that will be provided by the City. The Scope of Services addresses schedules, frequency, specific functions of the contractor, equipment, response time, special events, and customer service. The total average residential account being serviced monthly is approximately 6,750 with approximately 1,000 tons of residential solid waste and yard trash and bulk waste being collected per month. The RFP will form the basis for the selection of vendor(s) and the negotiations of a multi-year contract. RECOMMENDATION To seek proposals from interested parties, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize the issuance of RFP 2015-258- LR for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facilitv Board Recommendation: Financial lnformation : Source of Funds: IT Financial lmpact Summary: Clerk's Office Alex Denis, Alberto Zamora T:\AGENDA\201S\September 2\Procurement\RFP 2015-258-LR Collection and Disposal of Residential Solid Bulk Waste and the Operation of the City's Green Waste Facility - ISSUANCE SUMMARY.doc Yard Trash and A(EE}IE}A ITEltll DA'TE RZA--vzlT{B AAIAAAISTACH 5 MIAMIBEACH City of Miomi Beoch, l 700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members df the City Jimmy L. Morales, City Manager September 2,2015 pRoposALS (RFp) FOR THE COLLEGflON AND DTSPOSAL OF RESTDENTTAL SOLID WASTE, YARD TRASH AND BULK WASTE AND THE OPERATION OF THE CITY'S GREEN WASTE FACILITY. ADMINISTRATION RECOMMEN DATION Authorize the issuance of the RFP. KEY INTENDED OUTCOME lmprove Cleanliness ln High Traffic Residential And Pedestrian Areas, lncluding Maximizing Deployment Of Trash Cans On Every Corner. BACKGROUND The City of Miami Beach is requesting proposals from qualified providers of solid waste collection services. The Contractor shall collect and dispose of all residential solid waste and yard trash for all single-family homes, multiple dwelling buildings of eight (8) or fewer units under common ownership as identified by the list that will be provided by the City. The Scope of Services addresses schedules, frequency, specific functions of the contractor, equipment, response time, special events, and customer service. The total average residential account being serviced monthly is approximately 6,750 with approximately 1,000 tons of residential solid waste and yard trash and bulk waste being collected per month. The RFP will form the basis for the selection of vendor(s) and the negotiations of a multi-year contract. . MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-258-LR for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility (attached). o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015-258-LR for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility (attached). . CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-258-LR for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility (attached). TO: FROM: DATE: 6 City Commissioner Memorandum - Collectlon and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility September 2,2015 Page 2 of 2 CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFP 2015- 258-LR for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility. ATTACHMENTS Attachment A: RFP 2015-258-LR for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility. JLM/EC IMT I AZI AD 7 REQUEST FOR PROPOSALS (RFP) FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID \VASTE, YARD TRASH AND BULK WASTE AND THE OPERATION OF THE CITY'S GREEN \VASTE FACILITY . 20 I 5-25 8-LR 4-, ' '\ ;. 1 . ,,,..., ,. = RFP ISSUANCE DATE: SEPTEMBER 4, 2015 PROPOSALS DUE: OCTOBER 12,2015 @ 3:00 PM ISSUED BY: Lourdes Rodriguez # IIAIAMIBEACH Lourdes Rodriguez, Sr. Procurement Speciolisr DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miomi Beoch, FL 33,l39 305.673.7000 x 6652| Fox: 786.394.407 5 1 www.miomibeochfl.gov 8 g lvilA,\,1rsilAilf{ TABLE OF CONTENTS SOLICITATION SECTIONS :PAGE 0100 NoT uTtLtzED ......... .......... N/A O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3 o3ooPRoPoSALSUBMlTTALlNSTRUCTloNS&FoRMAT 0400 PROPOSAL EVALUATION ....... :,rilti= ...........14 APPENDICES: APPENDTX A PROPOSAL CERTtFtCATON, QUESTTONNAIRE AND AFFIB.AV.ITS APPENDIX B "NO PROPOSAL" FORM APPENDIX C MINIMUM REQUIREMENTS & SPEC]FIEATIONS ::::::::::::::= APPENDIX D SPECIAL CONDITIONS .='=, APPENDIX E COST PROPOSAL APPENDIX F INSURANCE REQUIREMENTS PAGE RFP 20I5-25B.LR 9 ,b ,\{IAAAIETACH sEcTloN 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) 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, condi{ions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]') if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurcha ) for automatic nOtification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than throu$h PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issud to thiS RFP. Failure to L9 ive an addendum mayresultindisqualificationofproposalsubmitted. 2. PURPOSE. The purpose of this RFP is to establish a contract, by means of se{{6d pioposals, for a qualified provider of solid waste collection services, The Contractor shall collect and dispose of Hll tpgidential solid waste and yard trash for all single-family homes, multiple dwelling buildings of eight (8) or fewer unitl'i.Eder common ownershipas identified by the list that will be provided by the City. The Scope of Services addresses schedules, frequency, speiifie functions of the contractor, equipment, response time, special events, and customer service. The total average lESiddEtial account being serviced monthly is approximately 6,750 with approximately 1,000 tons of residential solid waste and yard trash and bulk waste being collected per month. The RFP will form the basis for the selection of vendo(s) and the negotiations of a multi-year contract. 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: l$$ Procurement Contact: Lourdes Rodriguez Telephone: 305.673.7000 x 6652 Email: lou rdesrod rig uez@miamibeachfl . gov tdrtietilrc uleftr this solicitation is as follows: '{Lrffirfu. RFP l3SUU$i=September 4,2015 Pre-Prop eeting September 15,2015 at 10:00 a,m, Deadline for'Reaeipt of Q ns October 12,2015 by 5:00 p.m. .,,Respori'bes Due October 22,2015 at 3:00 p.m. Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval RFP 20I5.25B.LR 10 b i\4lAldlBEACT-{ The Bid title/number shall be referenced on all correspondence, All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE.PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3,0 Floor Miami Beach, Florida 33J== : 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-Proposa&bmission Meeting via telephone must follow thesesteps: ,r l (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) ..,,i!,l (2) Enter the MEETING NUMBER: 5804578 ,,j'" Proposers who are interested in partieipating via telephone should send an e-mail to the contact person listed in this RF P express i n g thei r i ntent to.Bartiaipatgi via telepho ne. 6. PRE.PROPOSAL !Ni=APBE-fATIOG Oral information or responses to questions received by prospective Proposers are not binding on @pity "e=' ...\u=i!,!,.. without legal effect, including any information received at pre- submittal meeting orsite visit(Sfl48fu'eff' " fiAddenda will issue interpretations or written addenda clarifications considered necessary by th9 City"iii'r"esfonse to questions, Only questions answered by written addenda wiflne binding and*ay supef$Ede terms noted in this solicitation. Addendum will be released through PublicPuichase. Any prospeefive. propoSee-utho.' has received this RFP by any means other than through PublicPur*aee must register irnnnediately wi!$:PubllcPurchase to assure it receives any addendurn issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outline in the Anticipated RFP Timetable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl,gov 4RFP 20 I 5.258-LR 11 b t'4lA\irttsEACH 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/procuremenUscroll, aspx?id=235 1 0 . CONE OF S|LENCE.... CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2.371. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2485.3. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 2481 THROUGH 2406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487 o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ,.,.,ISSUES.........., CITY CODE SECTION 2488. REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL ' BENEFITS FOR DOMESTIC PARTNERS.. .,. CITY CODE SECTION2.373 . LIVING WAGE REQUIREMENT.. ........ CITY CODE SEGJIONS 24$7iiT,llROUGH2410 oPREFERENCEFoRFL0RlDASMALLBUSlNESSEs0WNEDAND C0NTRoLLEDBYVETEMNSANDT0STATE.cERTlFlEDSERVlCE- D|SABLEDVETERANBUSlNESSENTERPRlSESClTYc0DESEcTloN2-374 o FALSE CLAIMS ORDINANCE,.. CtW CODE SECTION 70-300 __lS. ACCEPTANCE oF GIFTS, FAVORS & SERVICES ... CITY CODE SECTION 2449 % ,,* 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted venCtji list following a conviction for public entity crimes may not submit a bid on a contract to.provide any goods or services to a public entity, may not submit a bid on a contract withoa,public entity for the construction or repair of a public building or public work, may not submit bids on leases of real proprty to public entiti;'may. not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount prwided in Scc. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placedion the-cofiV.i-@.d,$r1ist, 10. COMPLAINCE WITH TLIE CITYTS LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with:=.all City lobbyist laws. Proposers shall be solely responsible for ensudng that all City lobbyist laws are complieddh, and shallrbe subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT,ORD-INAN.9E: This RFP is subjeCt to, and all proposers are expected to be or become familiar with, the Citv'S Debarment"0rd,in a$ fledln€ections 2-397 through 2-406 of the City Code. 12. WT[{.IF|E CITY'S CAMPAIG}{ FINANCE REFORM LAWS. This RFP is subject to, and all Prcposers are expected to-be4become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2490 ffie City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's CampaiQn Firlance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, indludrng disqualification of their responses, in the event of such non-compliance. '7t111tt1;t' 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution N0.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") ahd submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County, RFP 2OT5'58]R 12 ,D tt\lA,V\i$HACH 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reseryes the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recomm#tion for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. MIAMI BEACH-BASED VENDORS PREFERENCE. pursu-ant'iL City ot Miami Beach Ordinan.. No. 201 1-3747, a five (5) point preference will be given to a responsive and-f sible Miami Beach-based Proposer. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. puiuant to-Crty Code Sectio n 2-374,the City shall give a preference to a responsive and responsible Proposer which is a smalt::'E}giness concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, @pyfrich is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an o$-portunity of providing said goods or contractual services for the lowest responsive proposal.amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) orla$rvLce-disabled veteran business enterprise constitute the lowest proposal pursual,!,!o an RFP or oral 0i written reQuest for quotation, and such proposals are responsive, responsible and othenvise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWA*Pj,,.T@al ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered bV the_Qjti Manager'who may recommend to the City Commission the Propose(s) s/he deems to be in the best interestTf the City oi may recommend rejection of all proposals. The City Manager's recommendation need not be consisterit With$e scoring results identified herein and takes into consideration Miami Beach€ity Code Section 2-369, iilcluding fu following considerations:I : ' (1) The ability, capac'lty ancj skili of the Proposer to pedorrn 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 quatity 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, relect 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. 6RFP 20 I 5.258.1R 13 b ,\AIA&{tSTACH 20. NEGOTIATIONS, Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. PostponemenUCancellation/Acceptance/Rejection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses, re-advertise this RFP; postpone ot cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a'result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date, A proposer may withdraw its proposal after expiration of one hundred twenty ('120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contraot by the City Commission 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinati , as it deems necessary, to asCe.rtainall conditions and requirements affecting the full performance of the contract. lgnoranca of such conditions 'a*d requirements, and/or failure to make such evaluations, investigations, and examinations;iivill not relieve the Proposer from any obligation to comply with every detail and with all provisions and ffiuirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any fio ry consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involVed with the prepaiation and submission of Proposals, or any work per.formed in connection therewith, shall be the sole'6pon-q,.ibility (and shall be at the sole cost and expense)oftheProposer,and.shaltng..!.!9reimbursedbytheCity. 24. RELATIONSHIP TO.THF, CITY. lt iS'ke intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is corrsidered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agent*nd/or ccntrac-tors, shall, under any circumstances, be considered employees or agents of the City. . ln compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F41.03 of rida Administrative Code delivered as a result of this proposal must L^ ^^^^-^^-i...J L,, ^ Irl^+^-:^l (1^r^r.. n^r^ Ouu d\,uullllrdlrlEu uy d lvlcil.trl lcil uciluLy L,,clLcl u (MSDS)which may be obtained from the manufacturer. 25. ENVIRONMEN:IAL REGULATIPNS. The City reserves the right to consider a proposer's history of citations and/or violations of $nvironmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a propb6.'H,iiinot r.-e onsible if the history of violations warrant such determination in the opinion of the City. Proposer shall su6ftif,. ith its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. RFP 20I 5-258-tR 14 b ,,' t A \4i mtAC!-"t 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be consistent with Purchase Order format. liii |f,,\,:= 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and sa-v armless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability ofi'any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, piocess, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beaeh, Florida. lf the Proposer uses any design, device or materials covered by letters, patent, or copyright; it is mutuallgi@erstood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from'k'Eg of such design, device, or materials in any way involved in the work. , : -r .. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following ,ppror.l of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be SroU..,.,1,,,. r removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agre-ft$rform its duties and obllgaiions in a professional manner and in accordance with all applicable Local, State, GuntyJhdffideral laws, rules, regulations and codes, Lack of knowledge or ignorance by the Proposer with/of @licabldi*leW$ Uilt, 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 [aws, 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=.ths$rm of this contrait. Failure of Proposer to comply with this paragraph shall constitute a material breach of thiscontract. Where,g"flJractor is required E*ter or go on ta City of Miami Beach property to deliver materials or perform work or servic'es Hsra'r,esult of any contract'resulting from this solicitation, the contractor will assume the full duty, obligation and expense'trilfl,i'obtaining all neceSsary licenses, permits, and insurance, and assure all work complies with all applicable lawslTh€ contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its offiCeis, emOloVq contractors, and/or agents, for failure to comply with applicable laws. ri?r. ..::::::::: 32. SPECIAL CONDITION-S. Any and all Special Conditions that may vary from these General Terms and Conditions shall have preceOence.' 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof. RtP 201 5-258 LR 15 b i,.,iiAI\AI Sffi,&ilh{ 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, Including: A. Pre-award inspection of the 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. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation". " ' D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the i*dustry, 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:@ply ln these instances, the City may also require material information from the source of supply regarding the qugfity, packaging, and characteristics of the products to be supply to the city' :::::':= "'ti:. ='35. ASSIGNMENT, The successful Proposer shall not assign, transfer, c6fiv.$;, sublet or othenrvise 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 pri@ritten conS.e,,,,L, City. r" 36. LAWS. PERMITS AND RE-G$H*TfONS. The Proposer shall obffin and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all apflicable laws. rz. OprlOUnU COr'rrnldtifuSlOe. WE; fl.rr 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-profl!agency. i ,Si;, : I t[*i@$ 38. VOLUME OF WORK TO BE RECE|VFD.BY CONTRACTOR. lt is the intent of the City to purchase the goods and services specifically listed in this solieit lot 'from the contractor. However, the City reserves the right to piii'chase any goods or seruices awarded fffi state or other governmental contract, oi'on an as-needed basis through the Citys spot market purchase provisions. 39. 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 Propose/s proposal in response to the solicitation, 9RFP 20 I 5-25B.LR 16 ZD ,\\lA,ro1i Sil,qC$-t 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this ,Agreement or othenruise 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.-bo,,..y,qndemnification provisions shall survive the expiration or termination of this Agreement. ,,:,,,,,-::::::::::::::::::: 41. CONTRACT EXTENSION. The City reserves the right to require*me Contractor io extenO contract past the stated termination date for a period of up to 120 days in ther,eVent that a subsequent contraot has not yet been awarded. Additional extensions past the 120 days may occur,?s needed by City and as mut agreed upon by the City and the contractor. 'ni,;r:;, liif.J 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified'th.qt all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt, f(.gm public records requirements under Section 119.07(1), Florida Statutes, and s.24(a), Ar:t, 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 Ftorida Statute 119:0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessbrily 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.=o=o==n_,!.r?gtor upoh:termination of th€.oontract and destroy any duplicate public records that are exempt or c- e*ti*F@,,q1empt'fr:om public records disclosure requirements. All records stored electronically must be p-ided to the pubtiO+ncy in a format that is compatible with the information technology systems of the public agency. I {-: 43. OBSERVAFIEE OF LAWS. Propbsers arb expected to be familiar with, and comply with, all Federal, State, County, and Citifus, ordinances;'bbdes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction 6r authority whi$. li in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without]irnitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines;;Bnd'all EEO regulations and guidelines). lgnorance of the law(s) on the part of the Proposer will in no way relieVe it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. RFP 2OT5'581R t0 17 b l,4lA&'\l SilAC$-"1 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered, Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions thqy;.1vish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All excE'frtions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, al:its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. ln casesu,,in W[!iC,.,.,l1 xceptions and alternatives are rejected, the City shall require the Proposer to comply with thelpHrticulaEtefm and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was ori$thilly*set forth on the RFP). 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the Citi, for the purpose of influencing'&*idp-,ration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accep{ any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official dutiesi' i, , 49. SUPPLEMENTAL |NFORMAT|ON. City reSe.wes the right to requeSt'supplemental information from Proposers at any time during the RFP solicitation process, un*0ss,q{fienruise noted herdin. ., .,:.:::.:::::,::<ll RFP 20I5-25B.LR ll 18 g lviiA,\iimIACFI SECTION O3OO 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. 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 rejected. 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 otherwise. 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. l{drd copy submittal should be tab,bdd=..as-+numerated below and contain a table of contents with page references. EleEtronic copies should also be tabbed and contain a table of contents with page references" Proposals that do not inCIUde the,,,...i,, uiied information will be deemed non- 2.1 Qualifications of Proposing FiilB'$Ubl it delailed information regarding the firm's history and relevant experience and proven track record of providing thescope of services simitar as identified in this solicitation, including experience in providing simi r scope of $qryices to ptitlic:se.ctor agencies, For each prolect that the Proposer submits as evidence of similar expErience, the followin$'is requiredlii,$.ro-[ec.(description, agency name, agency contact, contact telephone & emai[ an r(s) and term of enga$ement ,:]'- 2.2 aualifiCiiions of Proposer feim, Provid'dln organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications, A resume of each individual, including education, experience, and any other pertinent information, shall be included for each 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=11696 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 Gity and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at800-424-2495. Cover Letter & Minimum Qualifications Requirements ualifications requirements. ablished in AdBendix C, Minimum Requirements and Specificati 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer aM.P,lqposer 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 & Qualifications RtP 201 5-258 LR tl 19 Scope of Services Submit detailed information addressing how Proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fullv review and score the proposed scope of services. Note: After proposal submittal, the City reserves the righ.t equire additional information ft,.q,.!t!.,,P posers (or Proposer team members or sub-consultants) to determinE:=@lifications {lncluding, but not linnitd to, litigation history, regulatory action, or additional references); and financial,,caoabiliff (inoJuding, but not llmited to, annual reviewed/audited financial statements with the auditors notes for each',of eir last two complete fiscal years), ID ,V\IAi,4IBTACH and Methodol 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: implementation plan, project timeline, on time and within Cost P Submit a Cost Prooosal Form dix E RFP 2OI5'5€:IR r3 20 sEcTroN 0400 l9 i,,"i,_\AilRFsrH 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;esults of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to makd"a''!reeommendation to the City Commission. ln the event that only one responsive proposal is received, the -Gi Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP,;=fi*i5ithout an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. 2. Step 1 Evaluation. The first step will consist of the qualitative criterij'listed below to b,e considered by the Evaluation Committee. The second step will consist of quantitative criteria established beiow to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation C0mmillqe, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteiia 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. Proposer Experience and Qu alifi cations, includi!! Financiaf Capability Public Benefit Approach and Methodology 30 10 30 3, Step 2 Evaluation. Following the resulls of Step additional quantitative criteria points to be added by earned in Step,,il;:,Bs lto.ws, ,,: 1 Evaluation of qualitative criteria, the Proposers may receive the Department of Procurement Management to those points Cost Proposal Veterans Preference 4. Cost Proposal EvatUation. Th st proposal points shall be developed in accordance with the following formula: Sample Obiective Formula for Cost Vendor ffidor ei'' Cost Proposal Example Maximum Allowable Points (Points noted are for illustrative purposes only. Actual points are noted above.) Formula for Calculating Points (lowest cost / cost of proposal being evaluated X maximum allowable points = awarded points) Round to Total Points Awarded Vendor A $100.00 20 $100 / $1 00 X20 = 20 20 Vendor B $150.00 20 $100/$150X20=13 13 Vendor C $200.00 20 $100/$200X20=10 10 RFP 20 I 5 258 LR 14 21 g,r\r,.\iA,\,ti SIACLi 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: ,. ' .ll gommittee 'l\llember t Step 1 Points 82 /o 80 Step 2 Points 22 15 12 Total 104 91 92 Rank 1 3 l2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Total 10'1 100 84 Renft 1 2 ::!1pii,i rl,'i.\i:::i! .r..,, ';= ,,co#Hittee Membe12' Step 1 Points 80 74 66 Step 2 Points .22 115 +2 Total i+s2,:89 7A Rank 1 2 i:t# * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. RFP 201 5 258 LR t5 22 APPENDIX A M$&ffi$ffiffi&ilM P ro p oso l{ ertific o tio n, auesti@nnoire & RequiremeAts Affid ovit = :*ffiiifi;s ,. RFp ii, s ztB-LR Collection dhd Disposol of Residentiol Solid Woste, Yord Irosh ond Butk, wosf:6 ond the Operotion of the City's"il|l,iitir. ii Green woste Focility PROCUREMENT DEPARTMENT 1755 Meridion Avenue, 3'd Floor Miomi Beoch, Florido 33139 RFP 201 5.258 LR t6 23 Solicitation No: Lourdes Rodriguez Solicitation Title: Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and the Operation of the City's Green Waste Facility Procurement Contact: Lourdes Rodriquez Tel: 305.673.7000 x 6652 Email: lourdesrod riquez@miamibeachfl .qov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS 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 collectnecessary information from Proposers in order that certain portions of responsiveness, responsibility a-a ir'6thei',determining factors and compliance with requirements may be evaluated. This Proposal Certificationffigestionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completeil ffid executed. 1. General Proposer lnformation. FIRM NAME: No of Years in Business:No ofYears in Business Locally: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARSI FIRM PRIMARY ADDRESS (HEADOUARTERS): CITY: STATE:ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAI.. ADDRESS: CITY: STATE:ZIP CODE: ACCOUNT REP TELEPHONE NO.: i^^^l tirT ntrn ?^t I iotrtr \tn invvvvr \ | lltt,i!n: AcC o{lhf r' EEf E I\,1A I L ::ijn FEDERAL TAXjiffiNTlFl CATI ON N0 The City reserves the right t6:*,p.,q,6$ditional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensur6;':iilSUmes 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. RFP 20 I 5-258 LR 17 24 2. Veteran Owned Business. ls Proposer claiming a veteran owned business status?[-l vgs [-__l rrro 4. Suspension, Debarment or Contract Cancellation. Has Proposer.r.r O.en a contract cancelled due to non-performance by any public sector agency?[_-l ves l--_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,andchild)whoisalsoanemployeeoftheCityofMiamiBeach. Pioposersmustalsodisclosethenameof 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 ttrree-(g) references for whom the iroposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the fo$owing infoffiation is required: 1) Firm Name, 2) Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email dnd 6} Narlative on Scope of Services Provided. , suspended or other legal violation, or had SUBMITTAL REQUIREMENT: lf answer to above is.YES," Propos@all qubmrt$atement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Seoiions 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisionsof ffie City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, inCluding disqualiffi,of their Proposals;i*.the event of such non-compliance. SUBMITTAL REQUIREMENTT=Suti,E!!! the net$d$bf',6llilndi iduals or entities (including your sub-consultants) with a conkolling financial interest as defined in solici$li. , For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contribu't@flo,fhe campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commiisioner for ffi 0i[y--,.of,Miami Beach. Code of Business Ethics. Puis*ant to Cityfldsolution N0.2000-23879, each person or entity that seeks to do business with the City shattadopt a Code of Busi& 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 applicab[E:.governmentaf'rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the Gi$ ami.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 siibmit 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. RFP 20r5-25BtR IB 25 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:. Commencing with City fiscal year 2012-13 (October 1,2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price lndex for all Urban Consumers (CPl-U) MiamiiFt. Lauderdale, issued by the U.S, Department of Labo/s Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). .:j:. ,i ,,zii?.' Proposers' failure to comply with this provision shall be deemed a material breach un_dflhis proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and mayu#ffi-e--..51lbject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Furtti6iinforrnEti0*on the Living Wage requirement is available at www. miamibeachfl .gov/procuremenU. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit dqcument, Proposer agrees Equal Benefits for Employees with Spouses and Employe.. *ilh Oor.stic Partners. When awarding ;;ltitir.f V solicited contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolis during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competrtive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they pro*t(e to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the Cit!'of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to empioyees ryrth spouses or to spouses of employees? [__-l vEs [__--] tto B. Does your company provide or access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees?[-l vrs [,,--],l no C. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits.nol already specified. Note: some benefits are provided to employees because they have a spouse or domestic pa*ner,,,puch as bereavement leave; other benefits are provided directly to the spouse or domestic lf Proposer cannot offer a beneflt to domestic partners because of reasons outside your control, (e.9., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal Benefi ts requirement is available at www. miamibeachfl . gov/procuremenU. Firm Provides for Employees with Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit RFP 20 r5-258-LR t9 26 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requlrements of Section 287.133, Florida Statutes, and certifies it has not beenlpf oh=mnvicted vendor list. Acknowledgement of Addendum. After issuance of solicitation, the City may 1g........1easi ore or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation rqquirement$; fhe City will strive to reach every Proposer -having received solicitation through the City's e-procurement systdm,' euOticeurcnisq.cor. Ho*.r.r, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to soticitltion, This Acknowledgement of Addendum section certifies that the Proposer has received all addendums released by the City pursuanf to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. lnitral to Confirm Recpint lnitial to Conflrm Receiot lnitiatto Confirm Receiot Addendum 1 Addendum 6 Addendum '11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 i',Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submifuder sep.qrate cover. ,i.ii s$i;$ '{ RFP 201 5-258-LR 20 27 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 solicitaiion. 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 tirnitation, the applicant's affiliates, officers, directors,shareholders,partnersandemployees,asrequestedbytheCityinitsdiscretion The information contained herein is provided solely for the convenience of prospective-Pmposers. lt is'the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City,,!g!s not provide any aSiuiances as to the accuracy of any information in this solicitation. =. '.:l Any reliance on these contents, or on any permitted communications with Cityofficials, shallbe at the recipient's own r[sk. Proposers should rely exclusively on their own investigations, interpretations, and analyses, T-ll solicitation i$rbe;pg provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, oi its compleleness. Notiw_qr1anty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selectedLb.=r+9,n9,(eratioh; negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selecffi.t the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all theBr*ions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Pioposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the par$ submitting such Proposaf. . This solicitation is made subject to correction of errors, omissions, or Withdrawal from the market;.iryithout notice. lnformation is for guidance only, and does not constitute all or any partof an agreement. The City and all Proposers will be bolnd enly. as, if and when a Propodal (or PropoSals), as same may be modified, and the applicable definitive agreements pertaining the-r610-re aBproved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the paities Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant tia6ilify,b tne City i I The City is governed by the GovernmgnHtn-the-Sltnshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals sliaft be submitted in sea-le--d proposal form and shall remain confidential to the extent permitted by Florida Statutes, untit th€ ate and time selected for opening ttre*gq-sponses. At that time, all documents received by the City shall become public records. Proposersareexpected to make alldisclosures andddolarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges-'and agrees that the Ci$ has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information cohtained in the Proposal, and authorizes thE ielease to the City of any and all information sought in such inquiry or investigation" Each Proposei eertifies that the informalion contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the fore$oing or anything csntained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a cou( 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. RFP 20I5.258-LR 21 28 I hereby certify 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 I Certification, Questionnaire and Affidavit are true and accurate. Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representative: Signature of Propose/s Authorized Representative Date: =i:, la. . :!: State of FLORIDA ) ) On this _day of -, 20-, personally appeared before me - who County of -) stated that (s)he is the of -, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: == =ti,fli :: u::::::: l:l:1,. lli:,i{" .i':,:.i.:r 1: \iri:::i::.:].::= :: RFP 20 I 5.258.1R aa11 29 APPENDIX B ,,,ffi & ,\AiAAAtmp&f,*MIry d v ll/ \, Y 1I Mtug &w$ B "No tt Form '$ PROCU REMENT DEPARTMENT 1755 Meridion Avenue, 3d Floor Miomi Beoch, Florido 33,l39 'liill,.,i. ilri : correction ond ,,16515,'"?'-t#:T,. Sorid woste, yord Trosh ond Bulk Woste ond the Operotion of the City's Green Woste Focility RtP 20 l5-258-LR l3 30 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR TNDTCATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond - Specifications unclear or too restrictive - Unable to meet specifications , l -Unable to meet service requirements . ," ::::,:: : _Unable to meet insurance requirements _Do notofferthis producUservice ='",',,,', ,,," , ,1 r,,,- -orHER. (prease specify) -*10#; 1;f, iu:iltli\:l ,..-,1 \l-::-.:. We do ,j,, -1of this,typ"d:i Signature Title: Legal Compa:hy:ilame: Note: F'ailure 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 Procu rement Department ATTN: Lourdes Rodriguez RFP #2015-258-LR 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 RFP 20I5.25B.LR 24 31 APPENDIX C g i'v\rrtir/\i*tAilN inimum Rgquir'ements I ,. & Spebifi ns ..,,,i:,::ri,:... ' -'t= R. P '2Ol 5-258-LR ColleCt'orc. ond Disposol of Residentiol Solid Woste, Yord rfrosh ond Bulk Woste ond the Operotion of the City's GrG€n Woste Focility :;'l:::ii::. u PROCU REMENT DEPARTMENT I755 Meridion Avenue, 3d Floor Miomi Beoch, Florido 33.l39 RFP 201 s 2s8 rR a\rZJ 32 RFP 20 I 5-25B.LR 26 33 3. 4, 5. 6. garbage pick-up day of the week, Holiday: The only holiday with no service to residents will be Christmas Day, Hours of Collection: Collection shall begin no earlier than 7:00 A.M, and shall cease no later than 7:00 P.M. ln the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Manager, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. Point of Pickup of Residential and Multiple Dwelling€atba$e: Colledtiorts of garbage and rubbish shall be at the house backyard or side yard and at ground level. Receptacle: The Contractor shall be requi@o pick up,all garbage and rubbish from residential units which have been properly prepared and stored for collection as follows: -::::.:= r.. All garbage, trash, and rubbish shall be placed in alarbage can or in such other plastic disposal bag and shall be placed at curbside or at such othersingle collection point as may be agreed upon by the Contractor and the customer. Usual household trash shall either be placed in containers where it shall be collected in the same manner as garbage or at curbside. Non-containerized trash shall be collected providing that it dOE not exceed four (4) feet in length nor be greater than fifty (50) pounds in weight fomny piece or segment of such materials. 7. Method of C6.lle.e on of Residential Garbage: The Contractor shall make collections with a minimum of nO@and distt*tp"=e"f1.".c"q,,!g the householder. Any garbage or trash spilled by the =..==&.=E!1 tor shallte piCkeO ufflmmeO1g19ty by the Contractor. Girbage receptacles shall '=-O"hefidbd mrefully bf,rr lle Contractor,"shall not be bent or otherwise abused, and shall be thoroughly emptled andlrfl[;i"a lef! at the proper point of collection. Metal cans can be replaced upright with covers $ecurely and properly in place on the cans-or"can bc inverted with covers placEd:topside.tlFon the ground next to the container. Plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. ln the event of damage by the Contractor for garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles. 8, Preparation of Yard Trash for Collection: The Contractor shall pick up all yard trash generated from residential units which has been properly prepared and stored for collection as follows: Garden and Yard Trash - Regular placed adjacent to the pavement or traveled way of the street in containers or bundles less than fifty (50) pounds each and with no dimension over four (4) feet each, or limbs/branches not greater than four (4) inches in diameter, shall be Rt-P 2015-258-LR 27 34 collected twice per week. The contractor shall clean swale and median areas adjacent to designated collection routes of all accumulated palm fronds and bulky tree debris, Non-containerized Yard Trash and Yard Trash-Bulk will be collected by the Contractor on a scheduled basis at no additional charge. Such services shall be provided up to four (4) times per year on dates scheduled by the contractor individuatlN.' each residential account. ln the event of a dispute between a Contractor and b customer as to what constitutes bulky yard trash, the situation will be reviewed,andLdecided by the Contract Administratorwhosedecisionwillbefinal.llji'ii 9. Residential Solid Waste Collection Equipment: The eontractor slr-+l!, provide new equipment to commence contract. New equipment is defined as truckd'*t}.Wltp less than 2,000 miles. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. For residential-E-*,lf i6ns, equipment shall be of the enclosed loader paCker type, and all equipment shall hFkept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which oan be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by-=th,F,;p,,rq,llractorto perforrn-'the contractual duties. A list of the Contractor's equipment shalf.b*g-'0i $fiffiIh-fi City at the time of each annual audit. jjffi Equipment is to be painted uniformly with therliiam$ffi..{ @ntractor, business telephone number, and the'number of the vehicle'in leiters not less than five (5) inches high on each side of the,vehicle, All vehicles shall b$,-numbered and a record kept of the vehicle to which eadh'number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. 10. Yard.T.r,ash ColleCtion iqripmeni' The Contractor shall have on hand at all times and in good'',W,ci?kfno order such equipment as shall permit the Contractor adequately and efficiently.t6::.,i#lform its contractual duties. Equipment shall be obtained from nationally known and re0o$rized man=ufaCtui'ers of garbage collection and disposal equiprnent. ::,: Collection vehicle$ Shall be of-the enclosed loader packer type or other vehicle designed to = w for efficient dlection of yard trash. The equipment shall be kept in good repair, 'appearance, and :ih' a sanitary and clean condition at all times. All replacement and additional vehicles bhall be new equipment unless othenruise agreed to by the City. The Contraikt'F$all have available reserve equipment which can be put into service within two (2) hoursd any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Rt-P 20 l5-258-LR 2B 35 B. SERVICES TO BE PERFORMED BY THE CONTRACTOR . YARD TRASH.BULK, REMODELING AND HOME REPAIRS TRASH, HOUSEHOLD FURNITURE AND WHITE GOODS. 1. Description of Work: The contractor shall collect all yard trash bulk, remodeling and home repairs trash, household furniture, and white goods (collectively, "Bulk Waste") from all single-family homes, multiple dwellings, buildings of eight (8) or fewer units under common ownership, ,,ii Ir =2. Frequency of Collection: The Contractor shall collect sugJl,rSlilk Waste only on dates scheduled by Contractor individually with each Residential,,,:A ount* Residential Account means either a Residence (Single Family) or Multiple:Dwellin$':$fi$* Contractor shall collect, without additional charge to the City under this AgreemenU€.$ ,Bulk Waste a maximum of four (4) times per calendar year for'each Residential Ac@nt1 ln the event that any Residential Account requests and Contractor completes four (4) BUllti,p,aste pick- ups during any calendar year, the charge for any additionatbulk waste pichup'i*iii be $20 per cubic yard at the expense of the residential customer. 3. Holiday: The only holiday with no service to residents witl be Christmas Day. 4. Collection Schedule: The contractor shall make available a telephone line to allow residents to schedule Bulk Waste pick-ups. By calling the telephone line, each account would schedule its next bulk pickup appointment with the contractor. All appointments must be made no less than five (5) calendar days prior to the scheduled pick-up. Pick-ups shall be effec[ive,5i:lh,qcontractor on the appointment day, and not before or later. Pick- ups will be scheduLd ai follows; South geiin on Mondays, Mid Beach on Tuesdays and Wednesdays, and North_Beach Thursdays and Fridays. .r{ 5, Bulk Waste Cdll,g on"uffi,'El.,l-0.ment;,The contractor shall have on hand at all times and in ..= Sood ,wo*ing oider iuch equipme.nt$ shall permit the Contractor adequately and 5'Effidiently.'tG+rform'itS::: ntractual dlities, Equipment shall be obtained from nationally::.' known ahd"..=req,,.qgnized"'@.,,Qdac-turers of garbage collection and disposal equipment,,- Collection vehlel shall [f. ned to allow for efficient collection of Bulk U/aste. The equipment shall be kept in gbbd repair, appearance and in a sanitary and clean condition at all times. All l'eplacement and additional vehicles shall be new equipment unless othenruise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shali correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contracto/s equipment shall be given to the City at the time of each annual audit. C. SERVICES TO BE PERFORMED BY THE CONTRACTOR. OPERATION OF THE CITY'S GREEN WASTE FACILITY 1. A City owned Green Waste Facility will be operated by the contractor at 2800 Meridian Avenue. The facility is an open green waste yard with controlled access and containers RFP 201 5-258-tR 29 36 2. 3. placed in strategic locations to facilitate dumping process by residents and landscapers. Description of Work: The Contractor shall be responsible for operating the Green Waste Facility located at 2800 Meridian Avenue, City of Miami Beach (the "Facility"). Hours of Operation: The Contractor shall be required to provide all necessary manpower and equipment to receive, control, secure, collect dumping fees, and dispose of all Acceptable Material, as defined in Section 11,12 below, six (6) days per week, Monday through Saturday, from the hours of 7:00 a.m. - 5:00 p.m. The Contractor will post the preceding days/hours of operation in a readily visible place at the entrance of the Facility. The Facility shall be closed on Thanksgiving, Christmas, New YeaCs Day, July 4th, and Labor Day. The Contractor will post these closure dates all year, in the same manner as set forth above. = . Hours of operation shall not be othenruise eXtdunded or shortened without the prioli written consent of the City. After receipt of written ionsent from the City, the Contractor,will be responsible for notifying all residents via written nbtifia.atlbh at l6Est two (2) weeks before the revised hours of operation commence. Nothing h€i.g}tr hall be construed to authorize hours contrary to the hours governing such operations, :::::::.= At least one (1)lftntractor employee shall be on site at all times to oversee the day to day operation of the Fadifity.' This individual shall charge Landscape Firms and direct traffic to The Contractoi mEst keep rgc-ords of all inbound and outbound traffic, Specific details will be outlined in thdfghtract The Contracior shall dispose of all Clean Yard Waste and deliver to Facility. =,,' , =The Conti'actor shall contafnerize all materials delivered to the Facility; shall ccnduct a neat and orderly operation at all times; shall be solely responsible for the necessary housekeeping services to properly maintain the Facility; and shall repair and maintain its equipment in good operational condition. No signs (other than the entrance sign described herein) or advertising shall be placed in the premises unless first approved, in writing, by the Citf'@nager or his authorized representatives, All signage shall comply with the City's established criteria, as set forth in Ordinance No. 89-2665, as may be amended from time to time. The Contractor shall use its best efforts to assure that its operation of the Facility does not reasonably interfere with the existing character of the surrounding residential area. Prior to commencement of the services to be performed pursuant to this Request for Proposals, The Contractor shall obtain any and all necessary identification numbers, permits, licenses and other requirements necessary to operate the Facility, and shall 4. The facility shall be accessible to residents of the City of Miami'Beach, and Landscapers performing work within the limits of the City of Miami Beach, 5 6. -7 l. 8, L RFP 20I5 258-LR 30 37 thereafter perform its obligations hereunder in compliance with any and all applicable Federal, State, and local laws, rules and regulations. '10. Contractor shall not store waste material or equipment at any time at this Facility. D. IN KIND SERVICES The contractor will provide and service at no cost to the City,,,fls'e (5) 20 cubic yard dumpsters every first weekend of the month. Locations to be specified by the City. E. PRoPosED cosT * Price for residential pick-up, bulk waste, yard waste and for the o -iitbn of the green waste facility should be reflected in a per unit cost per month. 'Eiiw,_. ls.'r{i:i\""""'- '\\i:= "''= rAt RFP 201 5-258 LR 3l 38 APPEND XD ,\,&{,q,w ryrcACN Speciol Co;qiiions .'ii ''"t'QiCollection Trosh ond LI* ,. RFP 2015-258-LR dEE=Disp_o.s.ol of Residentiol Solid Woste, Yord BufK,lflo5t'$$d#ffihe operotion of the City's . . ffiulijm:"-l= woste Focirilv PROCUREMENT DEPARTMENT lZ55 Meridion Avenue, 3'o Floor Miomi Beoch, Florido 33,l39 RFP 201 5-258-LR JL 39 1. TERM OF CONTRACT. The contract shall commence upon the date of notice of award and shall be effective for five (5) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one-year periods subject to availability of funds for succeeding fiscal years, Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3. PRICES. All prices quoted in the awardee's bid submitta[ shall remain firm and fixed, unless amended in writing by the city' :.ii, = ,,,.. 4. REQUIRED CERTIFICATIONS. Shall have a valid General Haulers'F1E issued by Miami.DadeCountyattimeofproposalsubmittal.i:fii. 5. DAMAGES TO PUBLIC/PRIVATE t*OPaply;;+$ Co.11ji€cJor shall carry out the Work with such care and methods as not to result in damage to pub_tic_oi'llrivat6 property adjacent to the work. Should any public or private property be damaged oi==defuyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly withina reasonable len$Wr=11-{=.ttmg (Not to exceed one month from date damage was done). r- .! fiili1l*, ,i RFP 20 I 5.25 B.LR 1< 40 APPENDIX E $,, M$AAA$ ffiT&ilM Cost Pr@osol Form :: RFP 201 5!259-LR Collection ond Disposol of R entiol Solid Woste, Yord Trosh-,=glBulk Wd'ste,"tg the Operction of the City's ... .il =" Woste Focility PROCU REMENT DEPARTMENT 1755 Meridion Avenue, 3'd Floor Miomi Beoch, Florido 33,l39 Rt-P 2U t5-258-LR 34 41 APPENDIX E PROPOSAL TENDER FORM Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Proposal Tender Form (Appendix E) shall be completed mechanically or, if manually, in ink. Proposal Tender Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Proposal Tender Form Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste and Operation of the s Green Waste Facili ,:) Company: Authorized Representativ.il Address: Telephone: Email: Authorized RepresentativilE$natur*: RFP 20I5 258 LR .EJJ 42 APPENDIX F I nsuro nce Requirements RFP 201 5-258-LR Collection ond-Disposol of Residentiol Solid Woste, Yord Trosh onfii*rtti woste;l,LI: ff#;tion of the city's PROCUREMENT DEPARTMENT 1755 Meridion Ave nue, 3'd Flcor Miomi Beoch, Florido 33,l39 RFP 20 I 5.258-LR 36 43 {h :Mi&,\$tmffi&ffiN INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits offie state of Florida. XXX 2, Comprehensive General Liability (occurrence form), limits of liability per occurrence for bodily injury property damage to include Premises/ Operations;..,ffi3ucts, Completed Operations and Contractual Liability. Contractua! Liability and Contractual emfi_ily (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). ::..= XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/nonowned/hiied automobiles included. -4.ExcessLiability.$-.00peroccurrencetofollowtheprimarycoveragei'XXX 5, The City must be named as and additional insured on the liability policies; and it must be stated on thecertificate' := ,, J ' - Builders Risk completed value $ fl _ Liquor Liability $ .00 _ Fire Legal Liability $_.00_ Protection and lndemnity -E==_ OO XX Employee Dishonesty Bond $1'ff.Q. 0 XX Theft Covering Money and/or Property $ 100$0.00 of Others XXX 7. Thirty (30) days written canceltation notice reqriired, XXX 8. Best's guide rating B+:.Vl or hette.r, latest edition. : XXX 9. The certi{icatemust stat6'the proposat number and title The City-oFMiami Beach i5.$Blf'-insured.'ilh-,y., nd all claim payments made from self-insurance are subject to the'.}irffis-and provisions df'. Florida Statute 768.28, the Florida Constitution, and any other applicable ;it RFP 20 ] 5 258 LR 17J/ 44 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH C|TY CODE, ENTTTLED ,,BUS|NESSES," By AMENDTNG ARTIGLE VI!I, ENTITLED "PARKING LOT," BY AMENDING DIVISION I, ENTTTLED "GENERALLY," BY AMENDING SECTTON 1g-310, ENTITLED,,.REQUIREMENTS FOR ISSUANCE OF LICENSE," BY REQUIRING A NOTARIZED LETTER BEFORE ISSUANGE OF VALET PARKING LIGENSE; BY DELETING SECTION 18-311, ENTITLED, "EMPLOYERS AND VALET OPERATORS CODE OF CONDUCT,'' AND CREATING A NEW SECTION 18-311, ENTITLED "OPERATION OF SERVICE," BY REMOVING LANGUAGE THAT ALLOWED THE LEASING OF MUNICIPAL SPAGES; BY REMOVING SECTION 18-312, ENTITLED, "OPERATION OF SERVICE;" BY DELETING SECTION 18-313, ENTITLED, "SPECIAL EVENT PERMIT;" BY DELETING SECTION 18-314, ENTITLED, "ENFORCEMENT, FINE SCHEDULE, AND RIGHT OF APPEAL;" BY DELETING SECTION 18-315, ENTITLED, "COMPLIANCE DATE;" BY AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERry," BY AMENDING SECTION 18.336, ENTITLED, "SEPARATE pERMIT REQU|RED," AUTHORIZING CONSOLIDATION OF VALET PARKING RAMPS AND IDENTIFYING THE TYPES OF USES FOR SPACE RENTAL VALET PARKING; BY AMENDING SECTION 18-337, ENTITLED,,,REQUIREMENTS," WHICH ESTABLISHES SUBMISSION STANDARDS FOR A VALET PARKING OPERATIONAL PLAN; BY DELETING SECTION 18-339, ENTITLED, "CANCELLATION AND REVOCATION;" AND CREATING A NEW SECTION 18.339, ENTITLED, "PRIVATE STORAGE OF VALET VEHICLES," WHICH REQUIRES THE PARKING DIRECTOR TO CONFIRM SUFFICIENT RENTAL STORAGE CAPACITY; BY CREATING A NEW SECTION 18.340, ENTITLED, "EMPLOYEES AND VALET OPERATORS CODE OF CONDUCT" THAT ESTABLISHES THE CODE OF CONDUCT STANDARDS FOR VALET OPERATORS AND THEIR EMPLOYEES; BY CREATING A NEW SECTION 18.341, ENTITLED, "OPERATION OF SERVICE," WHICH REQUIRES THE IDENTIFICATION OF RENTED SPACES, RAMPING, ON.CALL VALET RAMPS, STORAGE AND VALET PARKING STREET FURNITURE; BY CREATING A NEW SECTION 18- 342, ENTITLED, ,'EXCEPTIONS," THAT PERMITS VALET SERVICE lN RESIDENTIAL ZONED AREAS; BY CREATING A NEW SEGTION 18-343, ENTITLED, "PENALTIES AND ENFORCEMENT, FINE SCHEDULE, RIGHT OF APPEAL,'' AND FURTHER AMENDING DIVISION 3, ENTITLED, "RENTALS," BY AMENDING SECTION 1g-361, ENTITLED, ,,RENTAL AND OPERATION OF MUNICIPAL PARKING SPACES," WHICH MODIFIES THE PERMISSIBLE OPERATIONS OF PUBLIC SPACES FOR RAMPING; AND THE DELETION OF SECTION 18-362, ENTITLED,..RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES,'' PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Agenda ltem Date RSHq-A-t{45 WHEREAS, Ordinance No. 95-2987, regulating the operation of valet parking services in the City, was adopted on April 29, 1995; and WHEREAS, the City has made amendments on May 12, 1999, pursuant to Ordinance No. 99-3182, establishing requirements for the utilization of a moving lane of traffic, and created residentialvalet parking requirements and an on-callvalet program; and WHEREAS, the City made amendments on July 2,2003, pursuant to Ordinance No. 2003-3418, establishing requirements for training of valet parking employees, and expanded ramping opportunities under certain circumstances throughout the City; and WHEREAS, at its regular meeting on March 11,2015, the Mayor and City Commission discussed ltem R9S; the item was referred to the Finance and Citywide Projects Committee (FCWPC) and Neighborhoods and Community Affairs Committee (NCAC); and WHEREAS, the Administration has provided recommendations that address valet parking activities on public right-of-ways, with an emphasis on reducing traffic congestion, strengthening regulatory and enforcement powers, and promoting a competitive environment in the valet parking industry; and WHEREAS, the consolidation of multiple valet parking ramps to one (1) valet parking ramp within a street block, consisting of no less than two (2) and no more than four (4) parking spaces, will alleviate traffic congestion and increase parking availability; and WHEREAS, the City has determined that the consolidation of valet parking ramp is essential to promote the health, safety and welfare of the motoring public; and WHEREAS, the Finance and Citywide Projects Committee and Neighborhoods and Community Affairs Committee accepted the recommendations of the Administration on May 20, 2015, and May 29,2015; and WHEREAS, the Mayor and City Commission held a first reading of the proposed Ordinance amendment on July 8,2015, and directed that there be further amendments to the proposed ordinance for the second reading. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Article Vlll of Division 1 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: 46 CHAPTER 18 BUSINESSES ARTICLE Vlll. Parking Lot OlVlSPn t C"no"ffy Sec. 18-306. License required. Except as provided in this article, any location with parking attendants and/or valet parking shall have a license as a parking lot and shall meet other prescribed criteria listed in this section. Sec. 18-307. Exemptions. The following shall be exempt from the parking lot license requirement in section 1Q2-357: (1) Garages and other places where motor vehicles are stored for hire within a building and for which a license has been obtained under another provision of this article. (2) Off-street parking spaces required under the city's zoning ordinance for multiple-family USES. Sec. 18-308. Removalof parked vehicles. It shall be unlawful for any owner, operator or employee of any licensed parking lot to move any parked motor vehicle from the parking lot to any public street, parking area or any other public or private property without the consent of the owner, the owner's agent, or the chief of police, unless specifically authorized to do so by law. Sec. 18-309. Signs to be posted. Operators of licensed parking lots shall place and maintain at each vehicle entrance printed signs conspicuously disclosing the price or fee charged for the parking of motor vehicles thereon, and indicating, in two-inch red letters, the city license number issued to the owner or operator. Sec. 18-310. Requirements for issuance of !icense. No license for the operation of a valet parking service shall be issued except upon: (1) Submission of proof, in the form of an original certificate of insurance evidencing that the ewners/eperaters owner or operator of the service maintains in full force during the license year the following coverages:a. Garage liabilitn in the minimum amount of $300,000.00 per occurrence.b. Garagekeepers legal liability, in the amount of $300,000.00. with a deductible not to exceed $1,000.00, per loss and maximum limit per vehicle of at least $50,000.00.c. Renewal certificates must be submitted and approved by the city's risk manager annually. 47 (2) A notarized lgffsp e++ermission from the owner, lessee or operator of the business from which the valet service is operating must be submitted prior to the citv's issuance of a valet parking license. The valet parking eperatere shall require its empleyees and independent eentraeters te ieense-in ef Miami Beaeh and Miami Dade Geunty +a+ge-regtJ€+iens, (3) All empleyees shallwear en their uniferm' a narne tag identifying empleyee's name, ( l) All empleyees shall perferm their dutiee in a eeurteeus and prefeesienal manner, Valet eperaters shall submil{e the parking department a list ef all empleyees empleyed by iens te the valet empleyee rester shall be reperted menthly, The empleyee repert shall be submitted te the attentien ef the parking direeter er his/her designee ne later than the fifth day ef eaefr Flerida driver's lieense number, A pheteeepy ef eaeh empleyee's Flerida driver'e lieense shall be @ en the rester, Failure te eempl.'with this paragraph shall result in Sec. 18-3112. Operation of service. (a) ldentification of rented spaces. Rented spaces shall be so desiqnated bv the citv's parkino department as rented parkino areas. The desionation shall be bv ffi clearlv marked siqns indicatinq the parkinq restriction. (b) Rampinq. Rampinq shall onlv be operated ,n no /ess fhan fwo /21, and no more fhan four (41, lhe soaces provided for ramoino. The Parkinq Director shall have the final authoritv to defermrne fhe number of ramprno area soaces. There shall be no storaqe of vehicles in the area used for rampino. Rampino on public propertv shall not occur in anv ether location olltet than the public on-streeUcurbside parkino spaces provided for rampino. Rampinq from a movino lane of traffic is strietlv prohibited. Ihe Crty Manaoer musf approve fhe assionment or transfer of a ramp area. and the assiqnment or transfer will be deemed wlid aDprued upon written authorization bv the Citv Manage lngforth thp_assignmeotot ttoDSIer-wrth. anv modification or limitationsjtany-to the rampino area. (c) Storaqe. The Sgtoraoe of vehicles shall onlv be in private spaces. er-in-le€€ed-muf,i€ipal tfreIe shell#e-ae must not be anv storaqe of vehicles on anv muaieiBal oublic propeftv, metered soaces or o ich is herebv expresslv prohibited fhrouohouf fhe Cffv of r+ha*seener. fhe Vyalet operators shall clearlv identifv the vehicles in their oossession durino the entire period that the earvehiele is in their possession. Such identification shall be made throuqh a ticket stub affixed to the rear view mirror of the stored vehicle and shall state the name of the valet operator and identification of the ramp from which the vehicle was picked-up. Ramp identification shall be made bv statino the block number and st name of the establishmentGl_which the ramp is servicinq. Unauthorize+€Jqtoraqe of valet vehicles in municipal parkinq facilities. or at anvpublic on-streeVcurbside parkino spaces or on anv other oubl@ is strietlv 4 48 prohibited. and shall result in the issuance of a valet violation to the valet operator in-{he . Valet serviees eperating fer a speeial event may apply fer a speeial event permilfrem the eity's speeial events eeerdinater, Speeial event parking shall be restrieted te any event eeeurring ne mere tnan twiee per permilwill allew the valet eperater te request frem the parking department; additienal ramping ing-spa€es (a) Enfereement, The parking department shall enferee the previsiens ef this artiele, The peliee in the enfereement ef the valet eperaters eede ef eenduet; as set ferth herein, This shall+et ien--es inc enfereement speeialist finds a vielatien ef this artiele, the parking enfereement speeialist vielatien, ameunt ef fine fer whieh the vielater may be liable; instruetiens and due date fer paying the finer net ive vielatien within the ten days, shall eenstitute an admissien ef the vielatien and a waiver ef tne+igh++o-a+eering (b) The fellewing eivil fines shall be impesed fer eaeh vielatien: @ineu+anee Ite-name+ag $eS-gg+er-e+ense $eS.gg+er++ense $25,00 per effense; and immediate remevalef ie+ (e) Rights ef vielaters; payment ef fine; right te appeal; failure te pay eivil fine, er te appeal, (1) A vielater whe has been seryed with a netiee ef vielatien shall eleet either te: eity manager' te appeal the deeisien ef the parking depa*ment er ether ien= 49 e ter, llthe valet ine_ (4) lf the named vielater after netiee fails te pay the eivil fine er fails te timely request an (5) Any party aggrieved by the deeisien ef a speeial master may appeal that deeisien te a @ines=(1) The eity may institute p'eeeedings in a eeurt ef eempetent jurisdietien te eempel paymen+ef+iv++ines, real er persenal preperty ewned by sheriffs ef this state; ineluding levy against the persenal preperty, but shall net be frem the filing ef any suefr lien whieh remains unpaid, the eit.' may fereelese er @ien= (3) As an additienal means ef enfereement, the eity may seek injunetive relief and/er fellew permits until past due vielatiens are paid in full, The parking department reserves the speeial masteFa E-weived-their-rch+ te ien€; fines and fees; ineludin$tewing eharges; arising in eenneetien with a patren's vehiele whieh is-i preeh*d+the+aleleperaler frem alse being eited by the parking department fer vielatiens ef Secs. +8++6 18-312-18-335. Re SECTION 2. Article Vlll of Division 2 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: 50 CHAPTER 18 BUSINESSES*** ARTICLE Vlll. Parking Lot*** DIVISION 2. Valet Parking Permits for Use of Public Property Sec. 18-336. Separate permit required. The city shall issue space rental valet parking permits issued to valet operators who conduct their operations on public property. No valet parking shall occur on public property without the operator securing a space rental valet parking permit from the city's parking department. preserve public on-street parkino' will be oermitted. a dulv authorized group ofbusinesses with deeumented documentation est rom eaeh--ollhe businesses. a-maieri applvies for a space rental valet parkinq permit. The aBpliea+t-apBlieatim for shared valet parkino ramps must-shall identifv all businesses on the application. aletrq--+rl'th and proof of consen representative of each business on the application. The applicant requestino a space rental valet parkino permit will be responsible for the pavment of all fees. A separate space rental valet parkinq permit is required for each location where valet parking services are provided. Valet parking permits shall only be issued to valet parkinq operators who are licensed by the city pursuant to this chapter for the followino tvpes of uses:. Hotel"; Restaurant,; Bar/Niohtclubi Otfice,: er Med ical/reh ab il itativ e se rv ices: er Anv combination of Hotel. Restaurant, Bar/Niqhtclub. Office. or Medical/rehab,/,fative services. Sec. 18-337. Requirements. No valet parking permit shall be issued without the proof of the following: (1) Approval from the city's risk manager indicating that the valet parking operation has met the following insurance requirements:a. Commercial general liability or garage liability insurance, in the amount of $1,000,000.00 per occurrence and per location, covering bodily injury and property damage resulting from the valet operato/s activities connected with the handling of vehicles on public property. This policy must name the city as an additional insured;b. Garage keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of $300,000.00 per location, with a maximum Self-lnsured Retention (SlR) or deductible of $1,000.00;c. All required insurance policies are to be issued by companies rated B+Vl or better per Best's Rating Guide, latest edition and must provide the city with 30 days 7 1. 2. 3. 4. + b. 51 (2) (3) (4) (5) written notice of cancellation, Any deviatien frem this requirement is subjeet te the @;d. Valet operators must submit a certificate of insurance and a certified copy of their policies to the city's risk manager for determination that the insurance requirements ef the erdinanee frem whieh fqr this section have been met;e. Each valet operator applying for a permit for use of public property shall execute an agreement approved by the city attorney's office providing for the valet operator to indemnify, hold harmless and defend the city, its officers, agents and employees against, and assume all liability for, any and all claims, suits, actions, damages, liabilities, expenditures, or causes of actions of any kind arising from its use of the public streets or public parking spaces for the purposes authorized in this se€tion adielc-and resulting or accruing from any alleged negligence, act, omission or error of the valet parking operation, its agents or employees, and/or arising from the failure of the valet parking operation, its agents or employees* to comply with each and every requirement of this seetien adide or with any other city or county ordinance or state or federal law or regulation applicable to the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation or other business entity. The valet operator hereby-ghallglsg agrees to hold the city, its officers, agents and employees harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. The valet operator shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the city, its officers, agents, and employees as a result in any claim, suit or cause of action accruing from activities authorized by 16;. *+ien-article-rjer-rdr*les$ lf incorporated, the valet operator shall provide a copy of its articles of incorporation; Notarized written authorization on company letterhead from ewnerslepe€+ers the owner or operator of each t+e-+ity-tieensee commercial establishments for the citv block which the valet operator is providing parking services; Valid valet parking eeeupa+ienaH+eense business tax receipt from the city; ldentification of the location of private vehicle storage space, and proof, in the form of an executed lease or rental agreement ien from the owner of the property, either of which shall include the number of spaces authorized for use by the valet operatorr and term of the lease or agreement, for private storage space sufficient to service the establishment. as determined bv t Dslirector for which the permit will be issued. The storage space must meet all requirements pursuant to all applicable city ordinances; A valet parking operational plan, urhjeh_musl includginq:a. Traffic Operations Analvsis containinq qenerally . agcepted engineerinq standards for trip duration to and from the authorized vehicle storaoe location: a distance of no more than 2.500 feet from the ramp to the vehicle storaqe location, (distances qreat than 2,500 feet shall mav be approved bv the Citv Manaqer); and other requirements. as mav be determined bv the eitys Tlransportation Ddirector and Pparkino Bd!rccitgt-The Traffic Operations Analvsis must-shall be conducted by a licensed professional enqineer. and submitted to the Git#e-Ttransportation Ddirector and PBarkinq Ddirector for thei+review and approvalloldisapproval* b. Staffinq levelsl-gr-schedule of valet parkino service operational hours for the establishment, i ncludinq valet run ners;, supervisors. and m anaqers: (6) 52 c. An off-dutv police officer mav beJequired, as determined bv the eity Cehief of Ppolice: d. A minimum number of parking spaces for vehicle storage. as determined bv the Pglan n inq Ddirector;. e. Valet PBarkinq Sstreet Ffurniture, includino signs. stands, and kev boxes*lnugt complv with the eity-s desiqn standards* as determined bv the Pplanninq DS[irector* f. Whether the proposed valet parkino service will cause the removal of access to existino or proposed metered parkino, and the percentaoe of the reasonablv proximate metered parkino spaces to be removed bv the proposed zone: tL Whether establishments in the vicinitv of the proposed valet parkinq service can reasonablv be expected not to have a detrimental effect on other nearbv activities which relv on curbside oarkinq: h. Whether the proposed valet parkinq service will have a beneficial effect on vehicular and pedestrian safetv: and L Suen etner eireums Oocuments. reoorts. Oetermines to ne ap Vale[ ^arking eperaters are required te enlist all empleyees servieing the publie Perater Training en Enfereement) Training Pregram spensered by the eity's parking training within 60 days ef empleyment er at the next regularly seheduled training @ Cus*emersen*ieq @ Enfereernent; Prefessiena I ism/eth ies, Sec. 18-338. Term and renewal. (a) The term of each permit shall be for one (f year. (b) Renewal shall be on an annual basis and shall only be granted after approval from the city's risk manager and occupational license division. teatien The eity shall eaneel and reveke the permit if the valet eperater ne lenger servieee the eemmereial establishment whieh autherized its eperatien at that leeatien, This eaneellatien and he valet eperater veluntarily diseentinues serviee te the this paragraph shall be effeetive immediatel' uBen eerviee ef the netiee ef eaneellatien, The 53 valet eperater, ef any eaneellatien and reveeatien by hand delivery er eertified mail; return Sec. 18-33!140. Private storaqe of valet vehicles. Valet operators shall only store vehicle which are properlv permitted and zoned as parkino lots. and have sufficien OetermineO Ov tne o a copv of the oroper citv or certificate of use issued to the storaqe parkino facilitv- an+luith satisfactorv documentation from the parkinq facilitv owner or operator authorl the orivate oarkin for the purpose of storino valet parked vehicles. Sec. 18-3404. Emplovees and valet operators code of conduct. The valet parking operators shall require its emplovees and independent contractors to meet the followinq requirements: (l_) All emplovees or contractors who o driver's license in oood standino and shall abide bv all citv and Miami-Dade Countv traffic requlations:e\ All emplevees shall ll emplovees or contractors receivinq or discharoino oassenoers or loadino or unloadino baooaoe from a vehicle. makino arrangements to rc ing a venice, or otneru may not engage in su wearino a jacfet or that shalt be highl rettective tetter dark-colored back smaller tnan three valet parking operorcoroorationgr@; (3) All emplovees or-contraetors shall wear on their uniform, a name-taq identifvinq the e m plovee's&enltactorb n a me : (4) All supervisors shallwear on their uniform. a name-taq identifvinq them as such: (5) All emplovees oleontractors shall perform their duties in a courteous and professional manner: and (6) All new empleyee let Operaters Tr Preqram Brevided b regularlv schedulffi (7)-Valet operators shall submit to the parkino department a list of all emplovees E canlftlctorc emploved or retained bv the v in valet services in the citv-en-{4iami-Beaeh. Additions and deletions to the valet emplovee roster shall be reported monthlv. The emplovee report shall be submitted to the attention of the parkino director er-his/her4esignee no later than the fifth day of each month. The emplovee list shall contain the name of the emplovee otconlraetot and the empleveels the[ valid Florida Driver's License numberg. A photocopv of each emploveeb or contractor's valffia Driver's License shall be submitted for each emplovee qt-eontrcetor on the roster. Falgre fc ecrnpl!'!r',ffi fh€ p in e fine ef $25:gg 10 54 Sec. 18-3412. Operation of service. (a) /denffficafion of renfed spaces. Rented spaces shall be so desiqnated bv the parkino department as rented parkinq areas. The desionation of a ramp for oassen loaclinqrunlgacling shall be bv ffi clearlv marked siqns indicatino the oarkino restriction. Each ramo shall be comorised of two (2) oarkino soaces which mav be comprised of either metered or hotel oassenoer loadino zone spaces. ln no instance shall there Ue more than ing spaces (two oer nto seryice snatt ontv Oe g (b\ Rampinq. (1) Rampinq shall onlv be operated in the soaces orovided for rampino. Doub.le-parkinglgr obstruction of a tr mevine lane ef tra lu+ing+ reseurces te meet d the deEisnated ram than the public en s (2\ Ramoino at least 300 linear feet must separate valet parkino ramos:,(3) Ramoino shall not be allowed where on-street oublic oarkino does not exist. or where estaOtisning a val lancg f+t namoino snatl ;(St nampino mav Oe : (Ot Ramoino snatt n uses. or were oarf ;fn namoing shall n ess tnan tour feet u dreclor Valet eperaters rnav p trkinq department fer the expeditieus unleadinq ef passe te either the autho three, cemBrised ef a: Onstreet parldne i ffib; Velume ef patrene rd/er pedestrian Netes+1; Reeuests fer the uE Seuth eenterline o in eeniunGtien wit required Griteria a 11 55 saiC-€pErE€'vef3, The valet eperatA: Maintenanc ic plan (must be a bv the direeter ef p anC-z€inine)-ndB: Off dutv peliee, T ffitin€-€€nditi€'n€r(c) On-cal/ {he*el} valef ramps. Valet operators mav establish on-call valet ramps for establishments that require valet service intermittentlv. The followinq criteria must be adhered: (1) Valet operator must obtain in order to provide on-call valet service. (2) Rampino. An existing passenoer loadino zone must be used for rampinq purposes. The valet operator must provide written consent from the establishment {hetel} for the use of the passenqer loadino zone for this purpose. All reoulations contained herein remain in effect and oovern the use of ramp spaces: (3) The ramp (passenqer loadino zone) mav be identified with siqns. At no time shall sions be placed on the roadwav. impedino vehicular and/or pedestrian traffic. All sions must be aporoved bv the citv manaqer or his desiqnee. The use of other traffic devices. includinq cones. and/or anv other device is strictlv prohibited: (4) The valet operator must post a current and valid soace rental vale ino permit at the hetelb front desk. (d) Sforaqe. Storaqe of vehicles shall onlv be in private spaces-@itr whatseever-. Valet operators shall clearlv identifv the vehicles in their possession durino the entire period that the ear vehlclq is in their possession. Such identification shall be made throuqh a ticket stub affixed to the rear view mirror of the stored vehicle and shall state the name of the valet operator and identification of the ramp from which the vehicle was picked- up. Ramp identification shall be made bv statinq the name of the establishment which the ramp is servicino. Unauthorized storaoe of valet vehicles in municipal parkinq facilities, or at anv public on-streeUcurbside parkino spaces is strictlv prohibited and shall result in the issuance of a valet violation to the valet operator vehiele and Ber eeeurrenee. (et Vatet Part<ing S stanOs anO fev Ooxe fottowlng shall be a t. Street furnitur impact of the weath times; Z. Street turniturc tlot exceeO twentv t finctuOino Oase. n g. Street furnitur tne vatet oarfino s after the ctose of ing_seldcq +. Street turnitur trontaoe of anoth inesg S. Street turnitur tanes, Uife tanes a pedestrianlratrie; 12 56 0. Street turnitur inctuOing. but not Oencnes, new Ooxe in-anv-wav--or have anv moving com Z. Street furniture worOs "Vatet Parfl g. Street turnitur apBropdalexusiness; g. street furnitur anO Z+ nour contac Sec. 18-3423. Exceptions. (a) Valet eerviee-Sped speei parfing shall be rc ne teneer than thrc (b) Valet service-Residential. Valet service mav be provided for non-commercial uses. includinq private functions in residentiallv zoned areas. Valet operators must meet the followino criteria: (1) Valet operator must obtain a zero street address reeeipl throuoh the finance department, (2) Zero street address license is onlv permitted for use in areas zoned residentiallv: (3) Zero street address license mav not be simultaneouslv used in multiple residential locations: (4) Valet operators must complete a temoorarv valet parKino permit form and submit this form to the parkinq department three davs prior to the scheduled event. (5) Nete-Temporarv valet parkino permit requests submitted within less than three (3) workinq davs of a scheduled event will not en{y be acceptedffiMencyiedefined as nature, develeBing s the event and deman . The followino requirements must be satisfied: (1) Ramprno. Valet rampinq mav be provided either on private oropertv at the location to be serviced or on oublic propertv. Rampino on public propertv shall not occur in anv other location than the public on-streeUcurbside parkino spaces provided for rampino. Rampino from a movino lane of lraffic is strictlv prohibitedW. The rampinq area shall be determined as stated in subsection 18-361(c) entitled. number of spaces leased for rampino. (2) Sforaoe. The-Sstoraoe of valelvehicles must be at entitleC, private storaoe facilities or lots Storaoe of vehicles on public rioht- of-wavs is strietlv-prohibited, unless autherize . 1: Private er publ in 13 57 enf,e'tEce+ Sec. {8-3434. Penallies-and Enforcement: fine schedule: risht of appea!. (1) lllesal Rampi ins-€r S€€€'HC-€trense+ $aS0€O{A/arn+nc s{50=00€ooso $150€O-{-OOO€O ins naa[€rnaaddelivcft er in unautherized $2se€s+eegsg SeeenC+ffrense:$250S0+SOO€O $500,00 2:500,00 i€en€i€n-€++am€inq privi Tail e' hand delive $500:00 lndefinit lAaster Fifrh-€#e{$e-€+ subsequen+ €tren€e€+ Mandaterv referralto @(Sl lVe name tae $25,00 (C) Ne sn,'feffn, $25,00 a{ the emplevee fre+rl the (9) SBe6,a/ masfer re# i€ +eea+ian} b: Permitted leoat €E€\r€+i€'n€+ 14 58 violatien= ire A) Penalties and enforcement. fi) A violation of Article Vlll. except as specificallv set forth herein, shall be subiect to the followinq fines: L lf the violation is the first offense, there shall be a civil fine of $1,000.00: ii. lf the violation is the second violation within the precedinq twelve months, there shall be a civilfine of $2,000.00: iii. lf the violation is the third violation within the precedino twelve months, there shall be a civilfine of $3.000.00: iv. lf the violation is the fourth or subsequent violation within the precedinq twelve months, there shall be a civilfine of $5,000.00. @ A violation of Section 18-340. shall be subiect to the followinq fines: !. lf the violation is the first offense. there shall be a civil fine of $100.00: ii. lf the violation is the second violation within the precedinq nine months. there shall be a civilfine of $250.00: iii. lf the violation is the third violation within the precedino nine months, there shall be a civilfine of $500.00: iv. lf the violation is the fourth or subsequent violation within the precedinq nine months. there shall be a civil fine of $1.000.00. (!) Enhanced penalties. The followinq enhanced penalties must be imposed. in addition to anv mandatorv fines set forth in Section 18-343(Al(11 above. for violations of Article Vlll. except as to Section 18-340: (a) Enhanced Penalties: (i) lf the offense is a third offense within the precedinq 12 month oeriod of time, in addition to the fine set forth in Subsection 18-343A1(1t. the valet operator. valet permit holder. property owner, companv or business entitv must be prohibited from conductinq the valet operation(sl for a period of 10 davs. (ii) lf the offense is a fourth or subsequent offense. in addition to anv fine set forth in Subsection 18-343(At(1t. the valet operator. valet permit holder. propertv owner. companv or business entitv must be deemed a habitual offender. and the Citv Manaqer mav revoke the business tax receipt or the ceftificate of use issued to such valet operator. valet 15 59 permit holder, propeftv owner. companv or business entitv that have been deemed a habitual offender(sl pursuant to this section for a period not to exceed one vear. ({) Enforcement. The Miami-€eaeh citv's Pparkino Dglepartment and the Miami Beach BPolice dDepartment shall enforce this seetiec-arlicle. This shall not preclude other law enforcement aqencies from anv action to assure compliance with this section and all applicable laws. lf a parkino enforcement officer or a the police officer finds a violation of this AArticle(eX{J-er{eX2), the parkinq enforcement officer or the police officer will be authorized to issue a notice of violation. The notice shall inform the violator of the nature of the violation. amount of fine for which the violator is liable. instructions and due date for pavinq the fine. that the violation mav be appealed bv requestino an administrative hearinq before a special master within ten (10) davs after service of the notice of violation. and that the failure to appeal the violation within ten (10) davs of service shall constitute an admission of the violation and a waiver of the riqht to a hearinq. (Q Riohts of violators: pavment of fine: riqht to appear: failure to pav civil fine or to appeal: appeals from decisions of the special master. (g) A violator who has been served with a notice of violation must elect to either. (!) pav the civil fine in the manner indicated on the notice of violation: or [!) request an administrative hearino before a special master to apoeal the notice of violation, which must be requested within ten (10) davs of the service of the notice of violation. (b) The procedures for appeal bv administrative hearino of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. ffijnss A request for appeal must be accompanied bv a fee as approved bv a resolution of the citv commission--whieh-shell . (s) lf the named violator, after issuance of the notice of violation, fails to pav the civil fine. or fails to timelv request an administrative hearino before a special master. the special master mav be informed of such failure bv report from the police officer. The failure of the named violator to appeal the decision of the oolice officer within the prescribed time period shall constitute a waiver of the violator's rioht to an administrative hearinq before the special master, and shall be treated as an admission of the violation. for which fines and penalties shall be assessed accordinqlv. 16 60 fu!) A certified copv of an order imposinq a fine mav be recorded in the public records. and thereafter shall constitute a lien upon anv real or personal propertv owned bv the violator, which mav be enforced in the same manner as a court iudoment bv the sheriffs of this state. includino levv aqainst the violator's real or personal propertv. but shall not be deemed to be a court iudqment e,xcept for enforcement purposes. On or after the sixtv-first (61st) dav followinq the recordino of anv such lien that remains unpaid. the Citv mav foreclose or otherwise execute upon the lien. (e) Anv partv aqorieved by a decision of a special master mav appeal that decision to a court of competent iurisdiction. (fl The special master shall be prohibited from hearinq the merits of the notice of violation or considerino the timeliness of a request for an administrative hearino if the violator has failed to request an administrative hearino within ten (10) davs of the service of the notice of violation. (g) The special master shall not have discretion to alter the penalties prescri bed he re i n-in-subseetien{3Xd. pelice depa*ment a ins in; This shall net precl parkine enfereerneil spe€i maY be amended fremvielatienrameun tv be liable, inst paYitqrl+he fine, netie ive hearinq befere the sp that failure te app vielatien and a wal (b) F,r?es: The fello ion+ (1) llleqal ramdnq in the assiqned ram (1) b: Reeue+ an admini ef the eitv manaqeri tti€n" 17 61 (2) The precedures (3) lf the named vio ef such failure bY r maeter: A Yvaiver-ef (4) Anv partv aqsrie (d) Receverv ef unpa (1) The citv maY ins ffi (2) A eertified eepv ewned bv the vielat bv the sheriffs ef thl frem the filinq ef a (3) As an additiena there are repeated-vl t-€f+hi€4ivki€'t+ g)-Additi€'n€llYJ 8-lhe_palkin.o department shall withhold issuance of anv new valet permits and leased public on-streeUcurbside valet parkinq spaces. and suspend current valet permits until past due violations are paid in full. The parkinq department reserves the riqht to brinq forward to the special master anv partv who has waived their rioht to appeal and has over three (3) pu'tgtandino violations. (e)_ 9. Valet operato/s responsibilitv for vehicles in their possession. Valet operators shall pav allfines and fees, includinq towinq charoes, arisino in connection with a patron's vehicle which is in the possession of the valet operator at the time such charoe is incurred. This does not preclude the valet ooerator from also beinq cited bv the parkinq department for violations of this @esulted in the imposition of the fines and fee. Secs. 19-344€-18-360. Reserved. SECTION 3. Article Vlll of Division 3 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 18 .t"'*.=tt=1 ARTICLE Vlll. Parking Lot 18 62 DIVISION 3. Rentals Sec. 18-361. Rental and operation of municipal parking spaces. (a) Rental of public spaces for ramping. The parking department shall rent to the valet operator public on-streeUcurbside parking spaces that shall be used for ramping of vehicles or storage of vehicle(s) (storage is defined as the stopping, standing, or parking of vehicle(s) fer ever 15 minutes two (2) minutes within the designated loading area). Ramp space size is determined by length (linear feet). Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn it over to or retrieve it from valet employees. Ramping shall only be operated in the public on-street/curbside spaces provided by the parking department for ramping &XA. A vehicle will be considered stored if it remains in the ramping area for more than two (2) 15 minutes. The eperater may eheese te stere vehiele(s) in ne rnere than 50 pereent ef the ramp area, Upen exereieing said eptien, the valet eperater waives the rigfrlte use the "meving lane ef traffie" previsien as deseribed in subseetiens 7(bX1) and (2), Ramping en bside spaees shallnotbeblockedbyanytypeofsign,structureorothertypeofobject.shallnotbecordonedoffbyanytypeof signage, rope or barrier of any kind, except that signage provided by the city indicating the designationoftherestrictedvaletparkingarea. @shall previde te the valeleperater suffieient ramping spaee in a elese preximitF{etheestablishment being servieed; if suffieient spaees are available, lf there is rampi ie+ (b) Rental fees for public on-streeUcurbside spaces. The parking department shall post in the offices of the parking department, the fee for use of public on-streeUcurbside spaces. All valet parking meter space rental fees are codified in Ord. No. 2000-3267. All additions or changes to existing leased public on-streeUcurbside parking spaces for ramping, shall be paid upon request. All valet space lease requests shall be required in writing to the parking director or his/her designee, 24 hours in advance, and received no later than 3:00 p.m. daily. Exceptions shall be assessed a $250.00 processino fee and lease cancellations not made within the prescribed period will be assessed a $20€O $50.00 processing fee. (c) Number of spaces leased for ramping. The amount of ramping spaces available to the valet operator shall be determined by the frentage ef the establishment being servieed previded that there is suffieient publie en streeUeurbside spaees available fer ramping, as determined in the sele diseretien ef the parking Aepa*menfdjrectgl (d) Subletting. Leased public on-streeUcurbside or off-street spaces may not be sublet !e 19 63 parkingrlet++rautherized munieipal faeilities, All sueh faeilities must+neet all aBBlieable eede frem publie parking demand in the area, The parking department shall pest in the effiees ef the @ the fee fer use ef sterage parking spaees, The fee fer use ef sterage pa+king spaees shall be based en a 12 heur peried at a rate ef $10,00 per space/per day, Fees Secs. 18-3623-f 8-395. Reserved. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shalltake effect on the tenth (1Oth; day following its adoption. PASSED AND ADOPTED this _ day of 2015. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Michael Grieco) Underline denotes additions S+n*e+n+eugh denotes de letion s Doubie-unclerline denotes additions to the original Ordinance language Italics denotes amendments between First and Second Reading APPRO/EDASTO FORM & TAT{GUAGE t FOB EXECUflOIII 20 64 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Gommission Of The City Of Miami Beach, Florida, Approving, ln Concept, An Accessible Beach And An Accessible Outdoor Recreation And Playground Facility At Allison Park; And A Discussion Relating To The Location And Possible Concepts For A New Wellness Center At Allison Park. Key Intended Outcome Supported: Build and maintain infrastructure with full Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77o/o of residents rated recently completed capital improvement projects as "excellent" or " Item Summary/Recommendation : Allison Park Redesion Proiect The Sabrina Cohen Foundation (Foundation) approached the City proposing the implementation of an accessible beach program; the City selected Allison Park for the location of such program and initiated a project to redesign the park to provide an accessible beach and an accessible outdoor recreation and playground facility. On March 12,2015, the City retained fuE Services from Bruce Howard & Associates, lnc. (Consultant), to develop a conceptual design for the Allison Park Redesign Project (the Prolect). On July 27,2015, the Consultant submitted a conceptual design for the accessible beach and accessible outdoor recreation and playground facility, reflecting the vision of the City and the Foundation. On August 5,2015, a meeting was held with the Foundation representatives, CommissionerJoy Malakoff, the City Manager, and representatives from the Departments of Parks and Recreation, Parking, Planning and Zoning, Environmental, City Attorney's Office, Property Management and ClP, to discuss the elements of the conceptual design for redesigning Allison Park to provide an accessible beach and an accessible outdoor recreation and playground facility. Sabrina Cohen Foundation Wellness Center At the July 8, 2015 Commission Meeting, the Foundation requested that the City grant a lease for use of City- owned land, in Allison Park, to the Foundation to develop, construct, maintain and manage a Wellness Center, at the Foundation's sole cost and expense. During the meeting held on August 5,2015, the Foundation and Staff also discussed possible locations for the Wellness Center at Allison Park. The two possible locations for the Wellness Center are the Southern portion of Allison Park, the center of the Park, or a combination thereof. The Foundation would like to discuss various concepts in connection with the development of a Wellness Center at these two possible sites. Administration Recommendation: Adopt the Resolution approving the conceptual plan for the accessible beach and an accessible outdoor recreation and playground facility at Allison Park. Financial lnformation : Source of Funds: Amount Account 1 OBPI Total Financial lmoact Summaru: MIAMIBEACH AGENDA ITEii RI T DA;;_q*S65 MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov COMMISSION MEMORANDUM ,lTo: Mayor Philip Levine and Membefs of the City Commission FRoM: Jimmy Morales, City Manager f t L'rl DATE: September 2,2015 i ( ,' sUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, !N CONCEPT, AN ACCESSTBLE BEACH AND AN ACC ESSIBLE OUTDOOR REC REATION AN D PLAYG ROU N D FACILITY AT ALLISON PARK; AND A DISCUSSION RELATING TO THE LOCATION AND POSSIBLE CONCEPTS FOR A NEW WELLNESS CENTER AT ALLISON PARK. ADMINISTRATION RECOMMENDATION The Administration recommends adopting both Resolutions. BACKGROUND The Sabrina Cohen Foundation (Foundation) approached the City proposing the implementation of an accessible beach program. The City selected Allison Park (Park) for the location of such program and initiated a project to redesign the Park to provide an accessible beach and an accessible outdoor recreation and playground facility. Allison Park Redesion Project On March 12, 2015, the City retained Architectural/Engineering Services from Bruce Howard & Associates, lnc. (Consultant), to develop a conceptual design for the Allison Park Redesign Project (the Project). On April 23,2015, a meeting was held to develop the vision scope of theAccessible Beach Program. The Foundation representatives, as well as City representatives from the Parks and Recreation Department, Environmental Division, and the City's ADA Coordinator provided input to the Consultant for the development of a conceptual design. On July 27,2015, the Consultant submitted a conceptualdesign forthe accessible beach and accessible outdoor recreation and playground facility, reflecting the vision of the City and the Foundation (See Attachment A). 66 City Commission Memorandum -Approval, in concept, for the Allison Park Redesign Project September 2, 2015 Page 2 of 3 On August 5,2015, a meeting was held with the Foundation representatives, CommissionerJoy Malakoff, the City Manager, and representatives from the Departments of Parks and Recreation, Parking, Planning and Zoning, Environmental, City Attorney's Office, Property Management and ClP, to discuss the elements of the conceptual design for redesigning Allison Park to provide an accessible beach and an accessible outdoor recreation and playground facility. Sabrina Cohen Foundation Wellness Center Discussion At the July 8, 2015 City Commission Meeting, Sabrina Cohen requested that the City grant, to the Foundation, a lease for use of City-owned land in Allison Park, to develop, construct, maintain, and manage a Wellness Center, at the sole cost and expense of the Foundation. During the meeting held on August 5,2015, the Foundation and Staff also discussed possible locations for the Wellness Center at Allison Park, and requested that the Foundation provide conceptual plans for proposed locations and concepts of the Wellness Center. The two possible locations for the Wellness Center are the Southern portion of Allison Park or the center of the Park, or a combination of both sites. The southern portion of the Park is not being utilized and does not contain any structures. The center of the Park currently houses several pre-cast replicas of life-size sea turtles of varying species, with interpretive signage, which turtle exhibits were erected at the end of the year 2006 or beginning of the year 2007, pursuant to a Caribbean Conservation Corporation Sea Turtle Grants Program Grant Agreement, dated August 17 ,2006 (the "Grant"). The Grant's objective was to transform Allison Park into an ADA accessible park with an Eco-Walk that would educate residents and tourists about the local coastal ecosystem and sea turtles nesting on Miami Beach. ln connection with this project, the City installed turtle-sensitive lights and the sea turtle exhibits. The Grant requires that the exhibits be placed west of the dune and along the Eco-Walk but does not contain any prohibition from relocating them to a different location consistent with the requirements of the Grant. Under a concept where the Wellness Center would be constructed at the Center of the Park, the turtle exhibits could be relocated along a different portion of the Eco-Walk, which would serve the intended purpose of the Grant. The Foundation would like to discuss various concepts in connection with the development of a Wellness Center at these two possible sites. ANALYSIS Allison Park Redesion Project The original conceptual design addresses the expectations of the stakeholders and meets the needs of an ADA Accessible Program, including reconditioning the shower area, providing beach access using an alternative friable wood deck and ramp combined with Mobi-mats, using the north section of the Park for a playground, outdoor exercise equipment and picnic tables, and re-striping the existing parking lot to provide twelve additional ADA accessible parking spaces. The estimated probable construction cost of the conceptual design provided by the consultant is $800,000. Sabrina Cohen Foundation Wellness Center Discussion The Conceptual Design for the Wellness Center should complement and balance the landscape of the Park. lt was agreed, during the meeting held on August 5,2015, that both concepts for the Allison Park Redesign and the Wellness Center, would be brought to the City Commission for consideration and possible approval; however, the Wellness Center concept was not ready in advance of the meeting and is being presented to the City Commission for discussion. This would allow CIP to continue with the Allison Park Redesign Project, while the logistics with respect to the 67 City Commission Memorandum -Approval, in concept, for the Allison Park Redesign Project September 2,2015 Page 3 of 3 approval of the site location and concepts for the Wellness Center, as well as the terms of the ground lease in connection with the development and construction of the Wellness Center are completed. CONCLUSION The Administration recommends that the City Commission adopt the resolution approving the conceptual plan for the accessible beach and an accessible outdoor recreation and playground facility at Allison Park. Attachment A - City's Gonsultant Proposed Conceptua! Design JM/EC/DM T:\AGENDA\20 1 5\September\Cl P\Allison Park - Memo.doc 68 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLOR!DA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKTNG OF FIRMS, PURSUANTTO REQUEST FOR PROPOSALS (RFP) NO.2015-135-WG FOR PARKING METER COLLECTION SERVICES lntended Outcome Clerk's Office Iative T T:\AGENDA\201 Collection Services - AGENDA '"' N7 M DATE q}- I{ Build and maintain infrastructure with full Data (Surveys. Envlronmental Scan, etc: N/A Item Summary/Recommendation : The Administration issued RFP 2015-135-WG to seek the proposals from qualified contractors to provide Parking Meter Collection Services. The RFP was approved for issuance bythe City Commission on April 15, 2015. The RFP was released on April 21 , 2015. A pre-proposal conference to provide information to the proposers submitting a response was held on April 27 , 2015. On July 10, 2015, the City received proposals from: EYSA USA, LLC., LAZ Florida Parking, LLC., Republic Parking System, lnc., and SP Plus Corporation. On August 5,2015, the Evaluation Committee appointed bythe City Managerconvened to considerthe proposals received. The Committee was instructed to score and rank the sole proposal received pursuant to the evaluation criteria established in the RFP. The results of the evaluation committee process, which resulted in a tie between Laz Parking Florida and SP Plus Corporation were presented to the City Manager for his recommendation to the City Commission. The City Managerconsidered allthe submissions and the results of the Evaluation Committee Process, including the apparent tie between Laz Florida Parking and SP Plus Corporation. With Regard to the apparent tie between Laz and SP Plus, the City Manager also considered that, subsequent to the Evaluation Committee process, the proposal received by Republic Parking Systems was deemed to be non-responsive following a further review of responsiveness by the City Attorney and was disqualified for failure to meet the minimum requirements. With Republic disqualified from the process, the Evaluation Committee's scoring results in revised rankings as follows: Laz Florida Parking, as firstranked proposer; SP Plus, as second-ranked proposer; EYSA USA, as third-ranked proposer. The City Manager also notes that, in addition to receiving the first place rank as a result of the Evaluation Committee's review of proposals (following the non-responsive determination of the proposal submitted by Republic), Laz Florida Parking did receive more first place ranks from the Evaluation Committee than did SP Plus, as well as having submitting a lower cost proposal. Therefore, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Laz Florida Parking, LLC; further authorizing the Mayor and City Clerk to execute an agreement upon successful negotiations by the Administration. RECOMMENDATION ADOPT THE RESOLUTION. Financial lnformation : Source of Funds: Amount Account 1 2 Financia! lmpact Summary: The annual cost associated with the parking meter collection services is subiect to the funds availabilitv aooroved throuoh the Citv's budqetino orocess. Alex Denis, Extension 6641 (B MIAMIBTACH 69 @ MIAMI BEACH Cify of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov N MEMORANDUM TO:Mayor Philip Levine and Members of e City FROM: Jimmy L. Morales, City Manager DATE: September 2,2015 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 2015-135-WG FOR PARKING METER COLLECTION SERVICES. ADM!NISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Build and maintain priority infrastructure with full accountability. FUNDING The annual cost associated with the parking meter collection services is subject to the funds availability approved through the City's budgeting process. BACKGROUND The Administration issued RFP 2015-135-WG to seek proposals from qualified firms interested in partnering with the City for parking meter collection services of single space parking meters and/or multi-space pay stations owned and located within the City of Miami Beach. RFP PROCESS The RFP was released on April 21, 2015. A pre-proposal conference to provide information to the proposers submitting a response was held on April 27, 2015. On July 10, 2015, the City received proposals from the following firms: Eysa USA LLC. Laz Florida Parking LLC. Republic Parking System lnc. SP Plus Corporation. On July 6,2015, the City Manager appointed, via letter to Commission (LTC) No.273-2015, an Evaluation Committee (the Committee), consisting of the following individuals:o Monica Beltran, Assistant Director, Parking Department, City of Miami Beach. Georgie Echert, Assistant Director, Finance Department, City of Miami Beach. Laura Franco-Rubines, Assistant lnternal Auditor, lnternal Audit Department, City of Miami Beacho Nawaz Gilani, Neighborhood Leadership Academy, Resident. Madeleine Romanello, Transportation, Parking & Bicycle-Pedestrian Facilities Committee, Resident 70 Commission Memorandum - RFP 2015-135-WG Parking Meter Collection Services September 2,2015 Page 2 The following Alternates were also appointed:. Leif Bertrand, Neighborhood Leadership Academy, Residento William Hahne, Transportation, Parking & Bicycle-Pedestrian Facilities Committee, Resident. Jim Sutter, lnternal Auditor, lnternal Audit Department, City of Miami Beach On July 30, 2015, the City Manager via Letter to Commission (LTC) No. 306-2015, revised the Evaluation Committee (the "Committee"), as follows:. Monica Beltran, Assistant Director, Parking Department, City of Miami Beach, was unable to participate as an evaluation committee member and was therefore removed.. Rocio Alba, Administrative Service Manager, Parking Department, City of Miami Beach, was added. The Committee convened on August 5, 2015, to consider the proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFP. The RFP also stipulated that additional points would be applied, if applicable pursuant to the City's Veteran's Preference Ordinance. However, none of the proposers were eligible for the veteran's reference. After proposer's presentations and interviews, the Committee discussed the proposers' qualification, experience, and competence, and further scored the proposers accordingly. The final rankings are as follows: Rocio Abe Goorgie Eched Renkim Laura Franco-Nawaz Madelein€ Rrnkin6 LOW AGGREGATE Ra nk :vsatLqA ilc 64 1 7S 1 s2 3 93 I q),3 -AZ Floride Perklno. LLC 88 )9a I c6 88 4 96 I 1 leoudlc Perkino Svslem lnc 77 3 85 75 4 ac 3 90 1 l7 1 iP Phrq Comrrtinn 90 I 93 2 96 qn 2 91 3 s 1 COST T6lrl Cosl fulaximum Allowable Tolal Polnls Awarded' aDsa ltn q ?r7 ?qo m 10 s s 259 606 00 10 E l6nrhl. Prrkhn Sv.lpm ln.4 215snnOO 10 lo Plus Corwalion q ,GA n3G OO 10 8 ln determining responsiveness and responsibility of the firm, the Department of Procurement Management verified compliance with the minimum requirements established in the RFP, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each proposer. .TotalP0ints Proposer Experience and Qualifications, including Financial Capability Scope of Services Proposed Approach and Methodology Public Benefit 30 20 20 20 71 Commission Memorandum - RFP 2015-135-WG Parking Meter Collection Services September 2,2015 Page 3 MANAGER'S DUE DILIGENCE The City Manager considered all the submissions and the results of the Evaluation Committee Process, including the apparent tie between Laz Florida Parking and SP Plus Corporation. With Regard to the apparent tie between Laz and SP PIus, the City Manager also considered that, subsequent to the Evaluation Committee process, the proposal received by Republic Parking Systems was deemed to be non-responsive following a further review of responsiveness by the City Attorney and was disqualified for failure to meet the minimum requirements. With Republic disqualified from the process, the Evaluation Committee's scoring results in revised rankings as follows, thereby eliminating the previous tie between Laz and SP Plus: RFP * WG PadfiO EYSA USA. L LAZ Florida LLC LOW AGGREG ATE Laura Franco- Rubines SP Plus Corporation The City Manager also notes that, in addition to receiving the first place rank as a result of the Evaluation Committee's review of proposals (following the non-responsive determination of the proposal submitted by Republic), Laz Florida Parking did receive more first place ranks from the Evaluation Committee than did SP Plus, as well as having submitting a lower cost proposal. The RFP outlined a unit cost for collection of single space parking meters (SSPM) and multi- space pay stations (MSPS). The City dictates the frequency and quantities of SSPM and MSPS to be collected. Specifications for each type of meter collection were included in the RFP, including transporting of funds, revenue responsibilities, and performance standards. While the total difference now between the two proposers appears nominal, the City number of Multi-Space Meters, and their respective collections, willanticipates that continue to grow, as will the number of Single Meters, and their respective collections, continue to decline. This trend will exacerbate the difference in cost between the two bidders. Therefore, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Laz Florida Parking, LLC. ln making this recommendation, the City Manager has also considered Section 2-369, of the Code of the City of Miami Beach, which states that, in the award of contracts, the following shall be considered: (1) fhe ability, capacity and skill of the bidder to perform lhe contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. cost the Single Meter Collections (2400 annual estimate) Multi-Space Meter Collections (17,000 annual estimate)' Total Cost Based on Current Annual Estimatesl Laz Parkinq Florida $1.99 $14.99 $262,006 SP Plus $1.89 $15.50 $270,436 72 Commission Memorandum - RFP 2015-135-WG Parking Meter Collection Services September 2,2015 Page 4 Laz Florida Parking, LLC, manages 14 locations across Miami Dade County and is a wholly owned subsidiary of Laz Karp Associates, LLC, which operates in 26 states and hundreds of cities across the United States. Laz Florida Parking has the capacity to perform the referenced contract. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution accepting the recommendation of the City Manager, pursuant to Request for Proposal (RFP) No. 2015-135-WG, for Parking Meter Collection Services, authorizing the Administration to enter into negotiations with Laz Florida Parking, LLC; and further authorizing the Mayor and City Clerk to execute an agreement with the successful firm upon completion of successful negotiations by the Administration. JLM / KB/ MT / SCT/ AD T:\AGENDA\201S\SeptembeAPROCUREMENT\RFP 20'15-135-WG Parking Meter Collection Services - Memo.doc 73 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE REGOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-135-WG FOR PARKING METER COLLECTION SERVICES, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP. RANKED PROPOSER, LM FLORIDA PARKING, LLC.; SHOULD THE ADMINTSTRATION NOT BE SUCGESSFUL !N NEGOTIATING AN AGREEMENT WITH LAZ FLORIDA PARKING, LLG., AUTHORIZING THE ADMINISTRATION TO ISSUE A NEW RFP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals No. 2015-135-WG was issued on April 21, 2015 (the RFP); and WHEREAS, a voluntary pre-proposal meeting was held on April 27,2015; and WHEREAS, on July 10, 2015, the City received four (4) proposals from EYSA USA, LLC., LAZ Florida Parking, LLC., Republic Parking System, lnc., and SP Plus Corporation; and WHEREAS, on August 5, 2015 an Evaluation Committee selected by the City Manager convened to consider all proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information on the scope of services, references, and a copy of the proposal; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFP; and WHEREAS, the Committee's ranking was as follows: Laz Florida Parking, LLC., top- ranked, SP PIus Corporation, tied as top-ranked; EYSA USA, LLC., thir'd highest ranked; ar-id Republic Parking System, lnc., fourth highest ranked; and WHEREAS, Republic Parking System, lnc., was deemed non-responsive to the RFP's Minimum Requirements; and WHEREAS, were two proposers ranked at number one (LAZ Florida Parking, LLC and SP Plus Corporation); and WHEREAS, after reviewing all the submissions and the Evaluation Committee's rankings of the proposals, the City Manager noted that, in addition to having received a greater number of first place votes from the Evaluation Committee, the overall cost proposal submitted by LAZ Florida Parking, LLC., represents a greater cost savings to the City; and 74 WHEREAS, based on the Evaluation Committee ranking, and the cost savings, the City Manager recommends the Mayor and the City Commission authorize the Administration to enter into negotiations with Laz Florida Parking, LLC. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMTSSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Proposals No. 2015-135-WG (the RFP), for Parking Meter Collection Services; authorize the Administration to enter into negotiations with LAZ Florida Parking, LLC; should the Administration not be successful in negotiating an agreement with Laz Florida Parking, LLC., authorize the Administration to issue a new RFP; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this day of 2015. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor ;!ffiirBffiP$3#t;ffiXllflsffiIiffiB ffii.hHlffil&*$i1,ffiffi , APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3*L 0u,\-- , !l3''5 City /rltorney Dote 75 THIS PAGE INTENTIONALLY LEFT BLANK 76 p o J= IJJ !I E:(EF EE:x 8 rrr trT .LHE\./, OE IJJEr=== ---l -.-l! -* .9 ? I tt o F 6 ] z ! az! t! =: e D o =- = c o E] .E 8 € 2 I 9 I 0 I -9 ! I =E .E -c .9 Ic t A)! G+!E'Et .Ez!6E ao !l:EEi+ 8:c€66A 6:iTE.' 9y co EoIo 4 @oo \6N NNNM'cit=-c.'- 600 i@@@o do6<66 iNddccccccoooooooo GG6>6tE!!!!6!6 ooooQ!o! N tsd qb '-E .-'b !c3> 2o2E oa @ 'E- '= .9El!ror?€E;x m! -qdE duro tsoqES;JE E '=2 ;o:-:Ug; r'a=dtrfdrio>i'EO-ardi.idzr8.>!i^:.9;r36u!Yo^-E83553E -I6d<6i6@Hi@ s\@6\N@\dA<6::?8991o iaElF>EF 859--99 <otsioHd tsdo\\<ssiriitE I !!o6 oQ!!!!x!oddN;oE>i:605c>9o!-tal:-E6i6i!-9!!-PAiE;E!HSE"EH0cFSpr.EO_qX._ br.UE,i-9eE.e::i,i5t:; ^ow'Euei-EPEEE.Pe;.8=E-9...eEE;3i!E oadx66ce!49 = c B o ', 6 o6,;ir<668> o o o Eo z. 3 E "] :; 33ag EE E tr.E + E a E E :. sgg !e!:r I I I,oL a.! ,En s< :> Agenda ltem Date77 THIS PAGE INTENTIONALLY LEFT BLANK 78 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, APPROVING AND ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND APPROVING THE AMENDED AND RESTATED BOOKING POLICY GUIDELINES FOR THE MIAMI BEACH CONVENTION CENTER; AND FURTHER REPEALING ALL PRIOR BOOKING POLIGIES FOR THE MIAMI BEACH CONVENTION CENTER APPROVED BY THE CITY COMMISSION AND AS SET FORTH IN RESOLUTTON NOS. 98-22759,99-23168, 99-23240, AND 2001-24394 !N THEIR ENTIRETY. WHEREAS, the City of Miami Beach approved the Booking Policy for the Miami Beach Convention Center (the Booking Policy) on June 7, 1989 and was subsequently revised on October 4, 1989; June 3, 1998 (Resolution No. 98-22759); May 12, 1999 (Resolution No. 99-23168); July 7, 1999 (Resolution No. 99-*2a$; and April 16, 2001 (Resolution No. 2001-24394); and WHEREAS, commencement of construction on the Miami Beach Convention Center Renovation and Expansion Project (the Project) is anticipated to occur immediately following Art Basel in Miami Beach 2015, and the Project is expected to be completed in 2018; and WHEREAS, group business generally books their events more than 24 months (2 years) into the future and the City needs to decide, in the very near future, what, if any, changes to the Booking Policy should be considered in order to set booking goals for the Greater Miami Convention and Visitors Bureau (GMCVB) and the City's manager for the Miami Beach Convention Center; and WHEREAS, the current Booking Policy includes First Priority designation for long standing shows, defined as one which has a minimum of 20 consecutive year's usage in Convention Center under the same ownership (Grandfather.ed First Priority); this is a rather unique aspect of the Booking Policy and not something found in other destination's booking policies; and WHEREAS, the Convention Center is below the national average as it pertains to the total number of annual conventions held in the Center; and WHEREAS, at its regular meeting on January 6,2015, the Convention Center Advisory Board (CCAB) unanimously passed a motion recommending elimination of the Grandfather First Priority designation, and also recommended the City allow First Priority events to book at least 18 months prior to the show (instead of the current policy of 24 months); and WHEREAS, the Administration believes that peak room nights should be the overarching requirement used to determine whether an event receives First Priority designation; and WHEREAS, the Amended and Restated Booking Policy Guidelines, attached and incorporated as Exhibit "A" to this Resolution include the following: 1. clarifies room night requirements for First Priority designation;2. includes a Second and Third Priority booking category, with corresponding room Asenda ttem RWI-2 Date g- 2- t.f79 night requirements; 3. includes the addition of a "Marquee Events" category which; upon the written recommendation of the City Manager and a 5/7ths vote of the City Commission, grants First Priority status to unique, high profile events that the City determines will bring significant benefit to the City and/or Miami-Dade County in terms of overall economic impact; 4. requires an executed License Agreement with the Convention Center to be considered a confirmed booking; 5. reduces move-in and move-out days required for an event; and 6. allows for the rooms night verification to be used as a method of confirming peak room nights generated as a result of the event; and WHEREAS, the Finance and Citywide Projects Committee discussed the Booking Policy at several meetings and ultimately recommended approval of the revisions to the (existing) Booking Policy at its Aprll 8,2015 meeting; and WHEREAS, City staff and the City Attorney's Office have reviewed the proposed Amended and Restated Booking Policy Guidelines (attached as Exhibit "A" hereto) which shall supersede all previously approved and amended Booking Policies. NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and accept the recommendation of the Finance and Citywide Projects Committee, approve the Amended and Restated Booking Policy Guidelines for the Miami Beach Convention Center (attached as Exhibit "A" hereto); and further repeal all prior booking policies for the Miami Beach Convention Center approved by the City Commission and as set forth in Resolution Nos. 98-22759, 99-23168, 99-23240, and 2001-24394 in their entirety. PASSED and ADOPTED this day of September,2015. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE EXECUTIONF r-J\-0 Atlomey / 5jt --ME 80 l. time of year; number of move-in and move-out dates required for the evenq potential for repeat booking; and previous history and experience of the potential user with respect to use of similar facilities. il.SCHEDUT!NG PRIORITIES: A. First Priority Events: Generally speaking, first priority for scheduling events in the MBCC is available to regional, national, and international conventions, trade shows (open to the trade only), cultural shows, corporate meetings, and other events which have a significant impact in terms of CDT generated. ln order to be considered for a First Priority designation, an event shall: require in excess of 115,000 gross square feet of exhibit space in the MBCC; require a minimum of three (3) nights in Miami-Dade County, with 1,500 hotel rooms occupied on the peak night; AND generate over 4,000 room nights in Miami-Dade County in total. CDT impact and room count calculations are based on contracted hotel room nights, as demonstrated by room block agreements with hotels in Miami-Dade County. CDT impact and room count calculations are subject to verification by the City. ln order to be considered for First Priority designation, an event shall demonstrate the hotel room count history during presentation of the identical event either (1) in Miami-Dade EXHIBIT'A' Poge 7 of 6 MIAMIBEACHccii'G-ntioncenter MIAMI BEACH CONVENTION CENTER AMENDED AND RESTATED BOOKING POTICY GUIDETINES STATEMENT OF PURPOSE: The Miami Beach Convention Center (the "MBCC" or the "Cente/') is a national and international convention, tradeshow, and multi-purpose facility owned by the City of Miami Beach. One of the MBCC's primary objectives is to promote and facilitate events and activities which have a significant impact in terms of Convention Development Tax ("CDT') generated. When booking the MBCC, consideration shall be given to the following factors: i. significant impact in terms of CDT generated; ii. total number of hotel rooms required; iii. projected revenue to the MBCC, both in terms of direct space rental revenue, as well as projected revenue from concessions and other building services; iv. V. vi. vii. t. ii. ilr. 81 September 2015 County; or (2) in the case of events which move from city to city on a rotational basis or are relocating from another location, the hotel room count history of the identical event shall be verified by the Greater Miami Convention and Visitors Bureau ("GMCVB") using generally accepted industry standards, (i.e., DMAI MINT system or written verification from a prior location CVB). Alternatively, for an event that is booked in the future First Priority designation may also be determined based on CDT generated by looking at the prior history of the evenq subject to (1) verification by the City; and (2) at use/s expense, a qualified independent auditor licensed to perform audits within the State of Florida. Within the First Priority category, the City will give preference to the event with the most significant impact in terms of Convention Development Tax generated. Marquee Events - Notwithstanding the above, the City Commission may also, upon the written recommendation of the City Manager and a Sl7ths vote of the City Commission, grant First Priority status to unique, high profile events that the City determines will bring significant benefit to the City and/or Miami-Dade County in terms of overall economic impact. An Event is defined as negional, national, and international conventions, trade shows (open to the trade only), cultural shows, corporate meetings, and other events which have a significant impact in terms of CDT generated. Second Priority Events: Second Priority Events will have similar characteristics as First Priority events. The room block requirement will be for a minimum of two (2) nights in Miami-Dade County, with one (1) peak night ranging from 500 to 1,499 rooms occupied on the peak night. A Second Priority event will utilize 1,500 to 3,999 room nights in total. Third Priority Events: Third Priority for scheduling facilities and dates in the MBCC is available to all other events. Third Priority Events do not have a peak room night requirement. MBCC revenue and community impact will be important characteristics in securing Third Priority Events. E. Subject to the scheduling priorities set forth in this Section ll, the MBCC General Manager (General Manager) may exercise his/her discretion as to the issuance, modification, or termination of scheduling reservations. III. BOOKINGPROCEDURES A. Reservations more than twenty-four (24) months before an event are normally handled through the GMCVB, subject to approval of the General Manager, and are subject to the guidelines of Section ll herein. B. Facility and space scheduling commitments for First Priority Events may be made as far in advance as is necessary or appropriate and may supersede requests for other events, unless B. C. D. Poge 2 of 682 September 2015 a License Agreement has been previously executed between the MBCC and the user for such other event. License Agreements for First Priority Events may be entered into as far in advance as necessary or appropriate, at the discretion of the General Manager. A License Agreement will be presented to the user by the General Manager no later than 60 days from the date the event commits to the MBCC. Provided that the event is committed at least 24 months in advance of the first move-in date, the user will be allowed 90 days from the receipt of the License Agreement from the General Manager to execute and return it to the General Manager, along with the required deposit. ln the event the License Agreement is not executed, or the deposit is not received, within 90 days, the event will lose its First Priority status and another event can secure the requested dates and space. For events that commit to the MBCC fewer than 24 months in advance of the first move-in date, the General Manager will determine an appropriate period of time for executing the License Agreement and payment of the required deposit. C. Facility and space scheduling commitments for Second Priority Events cannot be secured more than 24 months in advance of the first move-in date, and are subject to change to accommodate First Priority Events, prior to a License Agreement being executed by the General Manager and user for such event. License Agreements for Second Priority Events may be issued to the user by the General Manager twenty-four (24) months prior to the first move-in date of the event. D. Facility and space scheduling commitments forThird Priority Events cannot be secured more than 13 months in advance of the first move-in date. License Agreements will not be finalized prior to 13 months in advance. E. Facilities and dates will be tentatively held pending notification to the contrary by either party. ln the event a tentative commitment is released by the MBCC, the requesting party will be notified the facilities and/or dates have been released. t.First option - Facilities and dates reserved on First option are reserved tentatively, but a conflicting commitment for the facilities and dates generally will not be made in favor of a second requesting party within the same scheduling priority without the party holding a First option having the opportunity to execute a License Agreement within the timeline specified or release its reservation. A First Option held by a Second or Third Priority Event can always be superseded by, respectively, a First or second priority Event, unless a License Agreement has been previously executed. At the discretion of the General Manager, a party with a First Priority Event holding a First option may be required, within seven (7) days of written notice, to execute a License Agreement and post a deposit at any time that the General Manager has a good faith request in writing from another First Priority Event for the same dates. Second Option - Facilities and dates reserved on a Second Option basis will be reserved tentatively, and the absence of a valid First option hold for the same il. Poge 3 of 683 September 2015 space and time shall not guarantee the elevation of a Second Option hold to a First Option hold. iii. Definite Booking - Events are considered a Definite Booking (under contractual commitment) only upon execution of a License Agreement by the user and the General Manager, and which is accompanied by the required initial deposit. F. Definite 1 Status - ln the case of extraordinarily large, City-wide conventions, an event may qualify for Definite L Status. Definite 1 Status commits the agreed upon space until five (5) years from the date of the first move-in date, contingent on no other interest in the space. lf another user expresses an interest in the space and a commitment to sign an License Agreement, the user with Definite 1 Status will have first right to confirm the space within 60 days of being notified of the other interest. Upon return of the executed License Agreement accompanied by the agreed upon additional non-refundable deposits, the space will be held without any other contingency as a Definite Booking (as defined above). For an event to qualify for Definite 1 Status, it must satisfy all of the following criteria: i. use of all four (4) Exhibition Halls at the MBCC; and ii. utilize a minimum of 3,500 hotel rooms in Miami-Dade county on the peak night; and the first move-in date is more than five (5) years in the future; and the user is unable to execute a formal License Agreement more than five (5) years in advance of the event; and a Letter of lntent, in the standard form used by the GMCVB and subject to prior written approval by the City Manager, is executed by and among the user, the GMCVB, the General Manager and, if the event will take place outside the term of the MBCC Management Agreement, the City Manager, and shall, at minimum: o be accompanied by an initial, non-refundable deposit, payable to the MBCC, of not less than 51,000; and establish a schedule of additional annual, non-refundable deposits, payable to the MBCC, of not less than 5L,000 per year; and provide evidence of a room block(s) including specific documentation from the headquarter hotel and supporting hotels totaling no fewer than 8,000 committed room nights; and commit user to executing a License Agreement no later than five (5) years prior to the first move-in day of the event. ilt. tv. V. Poge 4 of 684 September 2015 IV. PROTECTION CLAUSE: REPEAT BUSINESS A Protection Clause shall, upon the recommendation of the General Manager, and subject to the approval of the City Manager, be granted to recurring events with a proven record of success, defined as the successful completion of, at minimum, two (2) consecutive shows in two (2) years, which have produced significant revenue to the MBCC or significant impact in terms of Convention Development Tax generated. First Priority users will be required to furnish the required room nights and economic impact results within 90 days of the event's final event day. lf the room nights fall below the agreed upon First Priority threshold, the user may lose First Priority status. lf granted, such Protection Clause will be included in the License Agreement and, thereafter re- reviewed (at minimum) every three (3) years by the General Manager, and subject to the approval of the City Manager, in future License Agreements. Notwithstanding the foregoing, the granting of a Protection Clause in a License Agreement shall not vest any right(s)or reliance on the part of the Licensee as to the granting of said clause in subsequent or future License Agreements, but shall at all times be subject to the review and approval procedures set forth above. The Protection Period shall not exceed a total of sixty (60) days, plus the show days. The number of days prior to and after the event shall be the subject of agreement between the Licensee and the General Manager, but a minimum of fifteen (15) days shall be required on each side of the event. lf a Protection Clause is granted, it will read as follows: PROTECTION CLAUSE: Licensor agrees that it will not license any portion of the Convention Center facility to any Competing Event for the period commencing 30 days before Licensee's first show day, and concluding 30 days after Licensee's last show day (the "Protection Period"). A "Competing Event" is hereby defined as an event which has thirty percent (30%)or more of the total number of exhibitors/booths in the same event showing/selling product lines in the Licensee's event; provided, however, that a show that is open to the public shall never be deemed a competing Event with a show open only to the trade, and vice versa. The determination of whether or not an event is a "Competing Event" shall be solely within the discretion of the General Manager, and shall be based upon the product lines in the proposed event's prior shows. DEPOSIT SCHEDULES: Deposits are required for all activities upon execution of an MBCC License Agreement. A. First Priority Events: A non-refundable deposit, in the amount of one day's minimum guaranteed rental per hall, or such other deposit as the General Manager may authorize, is required upon execution of the License Agreement. For events licensed five (5) years or V. Page 5 of 685 September 2015 more in advance, special arrangements may be negotiated, at the General Manager's option, for a lesser deposit upon License Agreement execution and a defined schedule for intermediate deposit payments, with the balance of all estimated charges being due and payable thirty (30) days in advance of the event. B. Second Priority Events: A minimum, non-refundable deposit will be required upon execution of the License Agreement as follows: one day's minimum guaranteed rental for the first hall, and an additional33-7/3% of one day's minimum guaranteed rental for each additional hall. However, first-time events without a past history of success, and users with inadequate references, or prior event sponsorships, a record of slow payment, etc., may be required, at the General Manager's option, to remit up to one hundred percent (LOO%) of anticipated rental and related expenses upon execution of License Agreement, with the balance of all estimated charges being due and payable thirty (30) days in advance of the event. C. Third Priority Events: A minimum non-refundable deposit of LOOo/o of one day's minimum guaranteed rent for all MBCC secured space will be required, , with the balance of all estimated charges being due and payable thirty (30) days in advance of the event. vr. MovE tN/MovE ouT GUIDELTNES: MBCC will offer one (1) complimentary move-in or move-out day for every show day (open to attendees or public). MBCC will charge the standard rental rates with any additional service charges for days needed beyond the stated allocation. MBCC may ask for paid move-in and/or move-out days to be released based on other group needs for that timeframe. REV. 120789, 060890, 07 0892, 060398, 05t299, 07 07 99, 05 160 1 Poge 6 of 686 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING ART BASEL IN MIAMI BEACH AS A MARQUEE EVENT PURSUANT TO THE MIAMI BEACH CONVENTION CENTER AMENDED AND RESTATED BOOKING POLICY GUIDELINES. WHEREAS, on September 2, 2015, the City of Miami Beach adopted Resolution No. 2015-, approving the Amended and Restated Miami Beach Convention Center Booking Policy Guidelines ("Booking Policy Guidelines"); WHEREAS, the Booking Policy Guidelines state that upon the written recommendation of the City Manager and a 5/7ths vote of the City Commission, Marquee Events may be established by the City Commission, granting First Priority status to unique, high profile events that the City determines will bring significant benefit to the City and/or Miami-Dade County in terms of overall economic impact; and WHEREAS, Art Basel in Miami Beach ("ABMB") was established in 2000 as the sister event of Switzerland's Art Basel, the world's most prestigious art fair for the past 42 years; and WHEREAS, ABMB has become the preeminent contemporary art fair in the western hemisphere and an established destination for artists, galleries, collectors, museum groups, and other individuals interested in top quality art; and WHEREAS, economists have estimated $400 million to $500 million annually in related economic impact as a result of ABMB; and WHEREAS, ABMB contracted with an independent accountant to verify room night consumption during the 2014 ABMB event, to determine how many rooms were booked at Miami Beach Hotels independently and through the ABMB travel agent; and WHEREAS, the independent accountant verified that ABMB generated 3,338 rooms on the peak night of the show; and WHEREAS, the City Manager recommends the City Commission designate ABMB as a Marquee Event and grant First Priority status to ABMB. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby establish Art Basel in Miami Beach as a Marquee Event pursuant to the Miami Beach Convention Center Amended and Restated Booking Policy Guidelines. PASSED and ADOPTED this 2nd day of September,2015. ATTEST: APPNOVEDASTO FORM & ITNGUAGE IFOR EGCUNON t'Lv-,"-r CITY CLERK MAYOR 87 THIS PAGE INTENTIONALLY LEFT BLANK 88