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20170607 AM1MIAMIBEACH Gity Commission Meeting ADDENDUM MATERTAL 1 (61212017) City Hall, Gommission Chambers, 3'o Floor, 1700 Gonvention Center Drive June7,2017 Mayor Philip Levine Commissioner John Elizabeth Alem5n Commissioner Ricky Arriola Commissioner Michael Grieco Com missioner Joy Malakoff Com missioner Kristen Rosen Gonzalez Com missioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Glerk 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 laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the Gity Attorney. ADDENDUM AGENDA G7 - Resolutions C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT, TO THE LOWEST RESPONSTVE, RESPONSTBLE BtDDER, PURSUANT TO tNVTTATION TO BID (lTB)2017-259-ND, FOR A LIGHTING SYSTEM REPLACEMENT AT LUMMUS PARK. Public Works/Procurement Commissioner Ricky Arriola Addendum added on 61212017 C7 X RESOLUTION TO CHANGE THE PLAYGROUND SURFACE AT ALLISON PARK FROM ENGINEERED WOOD FIBER TO A POURED-IN-PLACE RUBBERIZED SURFACE. Commissioner John Elizabeth Aleman Addendum added on 61212017 1 Addendum 1, June 7,2017 R7 - Resolutions R7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORTDA ("CtTy"), OppOStNG PRESTDENT DONALD J. TRUMP',S WITHDRAWAL OF THE UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; HONORING AND UPHOLDING THE CITY'S COMMITMENT TO THE POLICIES, GOALS, AND STANDARDS SET FORTH IN THE PARIS CLIMATE AGREEMENT;AND REAFFIRMING THE CITY,S ROLE AS A GLOBAL URBAN LEADER IN EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE RESILIENCY. Office of the City Attorney Mayor Philip Levine & Co-Sponsored by Commissioner John Elizabeth Aleman Addendum added on 61212017 R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORTDA ("CtTy"), OppOStNG PRESTDENT DONALD J. TRUMP'S WITHDRAWAL OF THE UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; REAFFIRMING THE CITY'S COMMITMENT TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE RESILIENCY; AND RESPECTFULLY URGING GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO JOIN THE GROWING LIST OF STATES SEEKING TO MEET OR EXCEED THE GOALS OF THE PARIS CLIMATE AGREEMENT. Office of the City Attorney Commissioner Micky Steinberg Addendum added on 61212017 2 Resolutions - G7 W COMMISSION MEMORANDUM Honorable Mayorand Members of the City Commission Jimrny L. Morales, City Manager June 7,2017 AAIAMI BEACH TO: FROM: DATE: SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT, TO THE LOWEST RESPONSIVE, RESPONSIBLE BTDDER, PURSUANT TO tNVTTATTON TO BID (tTB) NO. 2017-259-ND FOR LUMMUS PARK LIGHTI NG I MPROVEMENTS. RECOMMENDATION Approve the Resolution. ANALYSIS The City's Public Works Department has been working with the Police Department in an effort to assist the department with its crime detenence efforts. To that extent the Public Works Department has embarked in a series of lighting improvement projects throughout the Entertainment District by installing additional lighting and replacing older lights with new LED lighting which is more efficient and cost effective. The use of the new lights has been a tremendous success in detening criminal activity on those streets where the lighting has been installed. To expand these crime detenence efforts, the Police Department has requested that similar action be taken by improving the lighting on Lummus Park. The Public Works Department has identified a light pole and fixture combination which is approved by the City of Miami Beach Public Works Standards and has the capacity to provide the needed lighting improvements and Environmental requirements. The Louis Poulsen Albertslund Maxi Post LED fixture emits symmetrical glare free light directed downwards and prevents light from being emitted upwards, therefore significantly reducing light spillage. Further the new Louis Poulsen LED light fixtures will be equipped with a LSI Lighting Control Management System which will proMde the ability to remotely control the lights by tuming the lights or/off, dimming the lights, adding motion sensors etc.259-nd The Public Works Department experimented with this light fixture by installing two fixtures on the East side of Lummus Park and 9th Street. The Public Works and Police Departments have expressed their satisfaction and desired to have the existing park lighting replaced with the Louis Poulsen light fixtures. ln addition to Lummus Park, there are other areas around the City that require Louis Poulsen replacements, such as Collins Park. The ITB will allow for material purchases for these areas as well. Page 791 of 1511 3 ln orderto secure a contractforthe Louis Poulsen lighting, the Citywill issue lnvitation to Bid (lTB) 2017-259-ND. Bids are expected to be received on or about June 15,2017. Since this is a high priority item and the Administration would like to secure an orderforthe lighting as quickly as possible, it is recommended that the City Manager be authorized to award a contract, pursuant to the lTB, to the lowest responsive, responsible bidder. lf the authority to award is approved, the Mayor and City Commission will be notified of the results of the ITB via an LTC. CONGLUSION The Administration recommends that the Mayor and City Commission approve the Resolution authorizing the City Manager to auard a contract, to the lowest responsive, responsible bidder, pursuant to ITB 2017-259-ND, for lighting system replacements at Lummus Park. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Ernergency Preparedness FINANCIAL INFORMATION TBD. Legislative Tracking P ublic Works/P rocurement Sponsor Commissioner Riclqy Aniola ATTACHMENTS: Description o ITB 2017-259-ND Page792 of 1511 4 # tu\lAl\,1iBEAC*-{ TNVTTATTON TO BrD (rTB) LUMMUS PARK LIGHTING IMPROVEMENTS 2017-259-ND BID ISSUANCE DATE: MAY 31,2017 BID DUE: JUNE 13,2A17 @ 3:00 PM ISSUED BY: # MIAMIBEACH NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCU REMENT DEPARTMENT 1755 Meridion Ave.3'd Floor, Miomi Beoch, FL 33.l 39 305.673 .7 OOO x6263 | www. miomibeochfl .gov Page 793 of 151 1 5 S &,tt/rmtffiAtu TABLE OF CONTENTS SOLICITATION SEGTIONS: PAGE 0100 NoT uTtLtzED ............ ....................N/A O2OO INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS.......... ....,.......3 O3OO BID SUBMITTAL INSTRUCTIONS & FORMAT... ....,.,.......,....15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM tTB 20tz-259-ND Page794 of 1511 6 &.rp &4tA,\{iffiHetH SECTION (}2OO INSTRUCTIONS TO BIDDERS 1. GENERAL. This lnvitation to Bid (lTB) 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 "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this lTB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this lTB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified firm(s) for the purchase and delivery of lighting equipment and controls as part of a Lummus Park lighting improvement project. Additional items may be acquired on an as-needed basis. 4. PR0CUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) 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. The tentative schedule for this solicitation is as follows: ITB lssued May 31 ,2017 Pre-Bid Meeting NIA Deadline for Receipt of Questions June 6,2017 Responses Due June 13, 2017 @3:00 p.m. (EST) Tentative Commission Approval Authorizing Award TBD tTB 20tz-259-ND Page 795 of 151 1 7 * MlA,\,x,tn[Afij 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room C 1755 Meridian Ave.3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http//library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exceplion communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. 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/orocuremenUscroll. asox?id=235 1 0 o CONE OF SILENCE..... o PROTEST PROCEDURES.. DEBARMENT PROCEEDINGS. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES....r CAMPAIGN CONTRIBUTIONS BY VENDORSr CAMPAIGN CONTRIBUTI0NS BY LOBBYISTS ON PROCUREMENT rssuES........... o REQUIREMENT FOR Clry CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2486 CITY CODE SECTION 2.371 CITY CODE SECTIONS 2-397 THROUGH 2485.3 CITY CODE SECTIONS 2481 THROUGH 2406 CITY CODE SECTION 2487 CITY CODE SECTION 2488 CITY CODE SECTION 2.373 o LIVING WAGE REQU|REMENT............ CITY CODE SECTIONS 2407 THROUGH 2410 IB 20]/-259-ND Page 796 of 151 1 8 {B!&F AAIA,\Ai BEACH . PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE. DISABLED VETEMN BUSINESS ENTERPRISES. CITY CODE SECTION 2.374 O FALSE CLAIMS ORDINANCE,... CITY CODE SECTION 7O-3OO O ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... .... GITY CODE SECTION 2449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: lt is the responsibility of each Bidder, before submitting a Bid, to: a a Examine the solicitation thoroughly. Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. Study and carefully correlate Bidde/s observations with the solicitation. Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT 0F DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance N0.2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or conkactual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and othenruise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidde(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall a a tTB 20tz-259-ND Page797 of 151 1 9 S &{tAtdt*rAch{ exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. ln determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following:. The ability, capacity and skill of the bidder to perform the Contract.. Whether the bidder can perform the Gontract within the time specified, without delay or interference.. The character, integrity, reputation, judgment, experience and efficiency of the bidder.. The quality of performance of previous contracts.. The previous and existing compliance by the bidder with laws and ordinances relating to the Gontract. 14. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidde(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. ln any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. ln case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECEMD BY CONTRACTOR. lt is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other govemmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. lt is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. lgnorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that il ts 20 L/-259-Nt) Page 798 of 15'11 10 &&J\IAAAIMHACH meets or exceeds the formal solicitation requirements. ln order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark ?lternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 20. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also cr,ll711 (Florida Relay Service). 21. NON-DISCRIMINATION. The bidder 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 discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 23. AUDIT RIGHTS AND REC0RDS RETENTI0N. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS. PERFORMANCE BONDS. CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILLING INSTRUCTIONS. lnvoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 26. CANCELLATION. ln the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the conkact at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 27. CITY'S RIGHT T0 WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. |6'lu L/-259-NlJ Page 799 of 151 1 11 &fu1lA,\,{lnrAtF""l 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. lf a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. ln the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formalwritten Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Ave. 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebufted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSI0N. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P,M. 33. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example,12-14 days) will be accepted. 34. DEMONSTRATION OF COMPETENCY. il3 lo L/-z5vj\l_) Page 800 of 151 1 12 # &{tr\t'AinrAtH A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders 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 Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidde/s bid may render the bid non-responsive. G. The City may, during the period that the conkact between the City and the successful bidder is in force, review the successful bidde/s record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. lrrespective of the bidde/s performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. ln case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 36. DISPUTES. ln the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows:A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid;thenD. The bidde/s bid in response to the Bid. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a conkact as described above may be grounds for removing the bidder from the City's bidders list. 38. EQUIVALENTS. lf a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific adicle(s) of equipmenUsupplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacture/s name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BlD. N0 BIDS WILL BE CONSIDERED WITHOUT THIS tTB 20tz-259-ND Page 801 of 1511 13 # AAIA,\AIBIAilFl INFORMATION. THE CIry SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers'and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers, Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or othenrvise upon any obligation to the City. 40. EMERGENCY RESPONSE PR]ORITY. lt is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. lt is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a "first priori$" under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 42. EXCEPTIONS TO BlD. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s.24(a), Art. 1 of the State Constitution untilsuch time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as othenrvise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. |ts 20 t/-259-ND Page 802 of 151 1 t0 14 * l,{lA,\AtarAcH 45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.0.8. DESTINATI0N, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold hannless the City and its ofiicers, 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 successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder 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 successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. INSPECTION. ACCEPTANCE & TITLE. lnspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. lf any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidde/s expense. 49. LAWS. PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, andior rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 51. LIABILITY. INSURANCE. LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or hislher officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 52. MANNER 0F PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulalions and codes. Bidder 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. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, lltr9 201l-259-ND Page 803 of 151 1 15 * &{rA,\q BrAC}-.I rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATIONMITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NON-CONFORMANCE TO CONTRACT GONDITIONS. ltems may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidde/s expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidde(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 58. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. lf the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. ln completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless othenivise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in tTB 201l-259-ND Page 804 of 151 1 12 16 * iv'rlA&4i BIACH accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacture/s Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BlD FORM'. However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 62. REASONABLE ACCOMMODATION. ln accordance with Title ll of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be retumed at the bidde/s expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidde/s name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless othenrvise indicated, samples should be delivered to the Procurement Division, 1755 Meridian Ave. 3rd Floor, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. SPOT MARKET PURCHASES. lt is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 67. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. ln accordance with Florida Statues Section 287.A87, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. ln the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manage/s discretion, which will make a recommendation for award to the City Commission. 69. TERMINATION FOR DEFAULT. lf the successtul bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. ln that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. tTB 201l-259-ND Page 805 of 151 1 IJ 17 * A,rrln/rl,iBtACLt Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work andlor services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. ln that event, all finished or unfinished documents and other materials shall be properly delivered to the City. lf the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work andior services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. UNDERWRITERS' LABOMTORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 72. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Depa(ment and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendo(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. lf these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendo(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). ln some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the Gity's discretion. Uts ',2o t,/-259-Nu Page 806 of 151 1 14 18 S MtAl*tBrAeH sEcTtoN 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid 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 bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Retum Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: . TAB 1 - Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. o TAB 2 - Bid Certification, Questionnaire and Affidavits (Appendix A). o TAB 3 - Documentation indicating compliance with Minimum Eligibility Requirements. 3. 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. rTB 20tz-259-ND Page 807 of 151 1 t5 19 APPENDIX A & .g fu\IAMI BTACH Proposol Certificotion, auestionnoire & Req uire ments Affid ovit rTB 2017-259-ND Lummus Pork Lighting Improvements PROCUREMENT DEPARTMENT 1755 Meridion Ave. 3rd Floor Miomi Beoch, Florido 33139 tTB 201 z 259-ND Page 808 of 151 1 t6 20 Solicitation No: 2017-259-ND Solicitation Title: Lummus Park Liohtino lmorovements Hrocurement uontact: Natalia Deloado Tel: 305-673-7000 x6263 Email: nataliadeloadoOmiamibeachfl "oov 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 collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. GeneralProposerlnformation. FIRM NAME: No of Years in Business:No of Years in Business Locally: OTHER NAME(S) PROPOSER HAS OPEMTED UNDER tN THE LAST 10 yEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): L;IIY STATE:ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: F/{( NO.: FIRM LOCAL ADDRESS: CITYI STATE:ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO,: ACCOUNT REP EMAIL: FEDERAL TAx IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ilts 20 t,/-259-ND Page 809 of 151 1 1'7t./ 21 3. Veteran Owned Business. ls Proposer claiming a veteran owned business status? f---] vrs f--l No SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal govemment, as required pursuant to ordinance 2011-3748. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradskeet to submit a Supplier Qualification Report (SQR) 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/webapplwcs/storeslservleUSupplierPortal?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 City and as early as possible in the solicitation process. For assistance with any portion of the SQR submital process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report dlrectly to the City, with bid or within 2 days of request. Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Suspension, Debarment or Gontract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? [__l ves [--l llo SUBMITTAL REQUIREMENT: lf answer to above is 'YES," Proposer shall submit a statement detailing the reasons that led to action(s). Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of 4 6 6. 7. tTB 201l-259-ND Page 810 of 151 1 t8 22 8. Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl .gov/procurement/. shall be required te pay all ernpleyees whe previde serviees pursuant te this Agreement; the heurly living wage rates listed belew:. Gemmeneing with GiV fiseal year 2012 13 (eeteber '1; 2012); the h€urly living rate rvill be $1'1,28/hr with health @ The living wage rate anC health eare benefits rate may, by Reselutien ef he eity eemmissien be indexed annually fer inflatien using the Gensumer Priee lndex fer all Urban Censumers (CPIU) Miami/Ft, tauderdale, issued by the U,S, Department ef tabels same{im+a*ieutaryed Prepesers' failure te €€mply with this previsien shall be deemed a material breaeh under this prepesal, under whieh the Gity may' ies and fines' as previCed in the eity's tiving Wage Ordinanee, as amended, Further infermatien en the tiving Wage requirement is @ Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits' to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? l--.-] vgs [--l uo B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? [--_l vrs [-_l rrro C. Please check all benefits that apply to your answers above and list in the 'other' section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Soouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Familv Medical Leave Bereavement Leave lf Proposer cannot offer a benefit 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 Benefits requirement is available at www.miamibeachfl.gov/procuremenU. ilts '20 L/-259-NIJ Page 811 of 1511 t9 23 11. 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 requiremenls of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. Non-Discrimination. Pursuant to City Ordinance N0.2016-3990, the City shall not enter into a conkact with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMIfiAL REQUIREMENT: No additional submittal is required. By virtue of executing this afiidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance'), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer cedifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the Cig's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. lnitial to Confirm Reeninl lnitialto Conlirm Remiol lnitialto Confirm Rpminl Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum'14 Addendum 5 Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover. 12. 13. 14. tTB 20tz-259-ND Page812 of 1511 20 24 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach {the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicanls affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any wananty or representation, express or implied, as to its content, its accuracy, or its completeness. No wananty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Governmentin-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. ln the evenl 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 govemed by and construed in accordance with the laws of the State of Florida. il ts 20 t./-259-Nt_) Page 813 ol 1511 2l 25 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 proposalwith 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 infonnation contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposeis Authorized Representative:I rfle oI Proposers AUmonzeo Hepresentauve: Signafure of Proposer's Authorized Representative:Date: State of _ ) ) 0n 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 of My Commission Expires: il ts 20 L/-259 ND Page 814 of 151 1 22 26 APPENDIX B & "g MIAAAilBTACH "No Bid" Form rTB 20 17-259-ND Lummus Pork Lighting lmprovements PROCUREMENT DEPARTMENT I755 Meridion Ave. 3rd Floor Miomi Beoch. Florido 33139 Itts 20 L/-259 ND Page 815 of 151 1 23 27 WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) GHECKED AND/OR TNDTCATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this producVservice _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: LegalCompany Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Natalia Delgado, Procurement Contracting Officer I PROPOSAL# 2017-259.ND 1755 Meridian Ave. 3rd Floor MIAMI BEACH, FL 33139 |ts '20 L/-259-ND Page 816 of 151 1 a^L4 28 APPENDIX C & g &AIAMilBTACH Minimum Requirements & Specificotions rTB 20 17-259-ND Lummus Pork Lighting lmprovements PROCUREMENT DEPARTMENT.l755 Meridion Ave. 3rd Floor Miomi Beoch, Florido 33139 |6 ',2o L/-259-Nu Page 817 of 1511 25 29 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder (defined as the Firm) shall be authorized to sell, by the manufacturer or its authorized distributor, the proposed brand(s) of equipment (Louis Poulsen and LSI lnduskies). Required Submittals: Bidder shall submit proof that it is authorized to sell the equipment specified. C2. Statement of Work Required. Successful bidde(s) will be required to provide and deliver new lighting equipment and controls to the City of Miami Beach as part of a Lummus Park Lighting lmprovement effort to improve public safety and security. G3. Specifications. Successful bidde(s)will be required to provide customized Louis Poulsen Albertslund Maxi post and light fixtures with LSI Platinum - Architecture Lighting Controls, per the attached specifications (refer to Exhibit 1 and 2). Balance of Paqe lntentionallv Left Blank rTB 20tz-259-ND Page 818 of 151'1 26 30 EXHIBIT 1 I 6 HI -8u EI 3; CE 4B Ed 1E 6se3 3u EE 26 9z <o ?b qr qs 9l ti Ei dH- igf E*E>o2 EEEgEr 6Ue s'E9 F8q fidsEIE beE x$r Hgi 8EaS66 #t6E !e$F ad?u46z 9?rEg60u6E* 8PcYxtr}E8E E 7 Fzoz F(,2I n, x -E!oU o L rc R t5 9S<d6E= 3 Ea 6@E a 6t =21 6BH m3s9 TtsE 9B E H==E ?ii GoL Gu a6 H 54 !)zoeFo5u E Eo dg o d g &uLt = f 6U uF 6 G o- E 9 ^=fi@ AE €E EHOE;lnq{Ri=sE eu g3 Ro Foo ct 3 Ht3 f =zE- !s= =5iE =EEff E8oc EtoU u6oq ts zo6d ot u& o zug E ad o fitl 6- arfE qo no =z =u = =oELauuc(,uoIF IzEoEts oaEd =oIuE = IF aEUoo F B Eo =hzo F =ts Ets (tz o E oo =z =3 GUc&a l! oo J P 6 Edo@I IFro EoFo d UJ ao =Jo& oo =5eFsI os!Ets 5az g oEaz,o 6toE& uoaFo dg I9E-Qo( AE Ooa!jug EF =uztr= aEF ooE oio&u EB Ft o*a 5oEU@ o o !J5 ar4 toT iiiiiii aR H$ eEE< 5rc52;d ci Fa 5 g bs (,42uaoefzoo E uE F6 E ztrZU U CC 4F a oF I =oItru6ots d 6 (92t UJ : -a tr6uts ooEUo>oa F =U@ &u T =J fcF lEt lolt6l llln tfril8t lsllrll6llOl tEltgl otrou Bce 5oo i! 56 ba.FE qE60.._E> gEg k I HEFJ Egzz *PEJ,:5 Eq k8xE.o CEe= cd-bo g UJoLo =GuF2u o&u 3udoa a uTtso du6 o L+u ac <N <: ES S EA du>r^ obH= E EEg E FE5 S EEE +EOZ r Ud 5Ir =z,u= 6=x<OFza !(J ogUJJI346=^ 8?H . Egb FEEA E()ao : 3.SE HEtb alsi 4rg; PE<g 4 irrks) trR96 5ESB s6z>- O F *cJ =u N dclatu =E tco € EoE aco 9qozo Fo = 2ti C:EF oo doz,2 -u 39.2 $ E< EoJ uHE E<< Jo> 4oll =u22o> ! E8 Ecgd uF = BzozUts cEU F eor H 5ooGoZ* 4 Fats Uoz-oz 5!au4 =za, oIIaaAoUJo&2 ao2 to fi fJ $E =EErF<Hg8 <85 96fr k t)d q {'l uts 3aO HH g* EE HE EE=Y* ==g BE=HE36 ?B6sG ooo E L E fJL =ts =5o oZ t g EE EEsE!EuFg*d5 sEAEE*t€I EO-{a =eo< =gE=agbE f;E!= EgSt 6Eu-Fo o BE3 Eet3 hE EE= *E =83 E$Ets= ;: EEBS= F a EEo ba q1 N, a <a a s$ls$; 27 Page 819 of 1511 il ts 20l,/-259-Nt) 31 EXHIBIT 2 E$J68; 3! dz gE !$* FHT saE ;fr3 EBI ..le i U:B efr't F!*6E! TFE3;: TTf; HgE cdf EE9 E@O slE[ IqEF IdI E G EouN boEEo!o2 g F 6ts Ug- o 5 4E ZzI e o H 5oLz U 2fo 2 d 6 5ou 62- 9= ao <tr o^ EEEF 8E uFE FEz(fzuFozo s c HIUF o6d o o F-T E r56U uF 2 ho& 9B<N a..E=z afi =t:66Ee5[7Z= - E:6 =bif Eu8{fi E E=i g= E zill (tz Eti =@ 5JL IF EUJg oz- tI 6 a6 56 g 6 dti d uclFao =(5ztrZU aEG =ts 6I F oF fr-a a6 EE EE;b EA =3s8. e &: I bo cio B 2trog F oa EE!3 F = fr BI fzc3J FIU6 ENI:lUBuo2uE H2 =6(i EoouuuE6g I' Eo to-oq ue3 o o2ul! z o ouNa zts@{3E u6 uq6 = z 6Uts ooEua =oa FJFa F E dtt zEtJ Ez B = =a U u?2 d 3aI a6o d o F I o e E5IuGrg5 oE EHEEOdE I]'UE ud!ubts Ii' 6dF ooEda =oAEF-3 F> 6u&F:oEg GUOJED2eo5 :eEEq6 sg E=F*OF55rar a tr 5o Ue uE36 UEL Eg E €oztrz o =E Euts54 =,z 3J Eo, dd itlriii G =2DJ a=pH \z *Ee H3q 3E3;ba EfiH6VO oU 9S a2Z =Jd \ 'Etss 3g() bs (, =6 oEf,dz o :r (} aEr-tso 6 DJo (5 EUr u =d ;E =aI u6oF& (5 aJIoJ{ 62E a:UF ooEUoioa tu!Fo u6.s ge UEo Hsz Pou a 5 5oo * o iaFC "iE6o...d> H64 ? a k 5o6J =:Eo2 B F zo 5o6 JuuFa aUN2{ J L' aa Fo E =U6 6uo o ==z == F@ o c! Eo 2U62o o !E a E tsU a E9*5F* ,fi =so?zt UFI =E Ezozur J = TqEo[, 93#tr =2=Uz>59{J,n<o <uOG IFu<J E5 3EJ}<=aa =4<@zuf;EFOzu<a doEzo SENCTLh-s=tsus8 $rEIJ;Eos5EEgAEzg crcUF2=o=a89saO ta g Jaq zzu (, 6 uJoz Eo G 5 =oo =JoG2oo B ts5AouEF 6z 9 0 -Ea2ir3 OlUIhr o>()O -DUg6> =so:t-A=x k*Io q. aFE!e ?- HH HH FElEo @hqU -!vk =B aE =E q5 E3ga oo =b3ouTo{ L EoI EStEZE<uuFd5->et<u-& ={go<c2L2 bH !39P>L &oLa 4foo g g 3ss9HE<hu:.8AF F Eo EoLcoozg6zo o = auE GP x=LIB s 3E E As = i= r E5 3 fl= qzcouF oo u =ozo&u oo q s z,r t:sa 58tk r@97FH ==u dE!? -az& Ue=qE H@y (t 3i E:T BE5S uEIri;i 28 Page 820 of 1 51 1 il ts 20 t,/-259-Nt) 32 APPENDIX D g MIAAAI *TACH Speciol Conditions rTB 20 17-259-ND Lummus Pork Lighting Improvements PROCUREMENT DEPARTMENT 1755 Meridion Ave. 3rd Floor Miomi Beoch, Florido 33139 tTB 2017-259-ND Page 821 of 1511 33 1. TERM OF CONTRACT. This Contract shall remain in effect for a period of one (1) year from date of contract execution by the Mayor and City Clerk. 1.1 Providing the Contractor (s) will agree to maintain the same price, terms and conditions of the cunent contract, this contract may be renewed at the sole discretion of the Cig, through its City Manager, for one (1) additional one (1) year term, if mutually agreed upon by both parties. 1.2 ln the event that the contract is held beyond the term herein provided it shall only be on a month{o month basis only shall not constitute an implied renewal of the contract. Said month-to-month extension shall be upon the same terms of the mnkact and at the compensation and payment provided herein. 2. PRIGES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT. lf the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contract term. The City is also interested in receiving bids that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. 2.1 OPTION TO RENEW WTH PRICE ADJUSTMENT. The contract may be extended at the sole discretion of the City, through its City Manager, for one (1) additional one (1) year term, if mutually agreed upon by both parties. Prior to completion of each exercised conkact term, the City may consider an adjustment to price based on Consumer Price lndex increase. Change shall not be more than the percentage increase or decrease in the Consumer Price lndex CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the Contractor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the Contractor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The Contracto/s adjustment request must clearly substantiate the requested increase. lf no adjustment request is received from the Contractor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. 3. METHOD OF PAYMENT. lnvoices for payment will be submitted upon receipt and acceptance of goods ordered via a Purchase Order. No down or partial down payments will be made. lnvoices will be subject to verification and approval by the Contract Adminiskator, or hisiher designated representative. rTB 2017-259 ND Page 822 of 151 1 30 34 4. SHIPPING TERMS. Prices shall include freight to City premises and shall be F.O.B. Destination. The successful bidder shall hold title to the goods until such time as they are delivered and accepted by an authorized City representative. 5. DELIVERY REQUIREMENTS. The Contractor shall enclose a complete packing slip or delivery ticket with any item being delivered in conjunction with this solicitation. The packing slip shall be attached to the shipping ca(on(s)which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered. Contractor, with the help of the manufacturer, will ensure an expeditious delivery. Upon delivery, all materials shall be unloaded by the vendor. Delivery shall be made to the Public Works Yard, located a|451 Dade Boulevard, Miami Beach, Florida 33140, prior to 3:30 PM, Monday through Friday 6. WARRANTY/GUARANTEE REQUIREMENTS. The Contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. ln addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products andlor service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the materials and/or equipment by the City. This wananty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the time of the defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warrant provisions. The Contractor shall be responsible for promptly conecting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Contractor of such deficiency in writing. lf the Contractor fails to honor the wanan$ and/or fails to correct or replace the defective items within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor may be debarred as a City bidder/proposer and/or subject to contractual default if the correction or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. lf the Contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Contractor in default of the contract, and/or (b) procure the products or services from another contractor and charge the Contractor for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. 7. EQUAL PRODUCT. No substitutions will be allowed. 8. QUANTITIES. The quantity or amount specified herein are estimated only and not a commitment or guarantee of the amounts required by the City under this Bid. Vendor is not authorized to manufacture, produce, ship or perform unless it has received a release or request for a specific quanti$ for items/materials specified in the conkact ordered pursuant to this bid by an authorized representative of the City. All invoices must be equal to or less than the cost specifled il ts 20 t,/-259-Nt) Page 823 of 151 1 at 35 in the contract. The City shall not be obligated or liable for any payments in excess of the amounts released or requested pursuant to this bid or for unit prices that exceed those stipulated in the contract. Balance of Paqe lntentionallv Left Blank il ts 20 L/-259-ND Page824 of 1511 '),) 36 APPENDIX E 4 ,rVilAl,liBEACH Cost Proposol Form rTB 2417-259-ND Lummus Pork Lighting Improvements PROCUREMENT DEPARTMENT 1755 Meridion Ave. 3rd Floor Miomi Beoch, Florido 33139 il ts 20 t,/-259 Nt) Page 825 of 151 1 37 APPENDIX E COST PROPOSAL FORM Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this lTB, 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 cost proposal form shall be completed mechanically or, if manually, in ink. Cost proposalforms completed in pencilshal! be deemed non-responsive. Allcorrections on the cost proposalform shall be initialed. 1 Louis Poulsen, Albertslund Maxi Post, 82W LED/4000K, 120-227V, White 55 Each $$ 2 Louis Poulsen, House Side Shield Option 25 Each $$ 3 Louis Poulsen, Albertslund Maxi Post, 82W LED/4000K,480V, White 59 Each $$ 4 LSI lndustries, Platinum Wireless Control Svstem 114 Each $$ 5 LSI lndustries, Platinum Commissioning for Less than 100 Control Modules Each $$ b LSI lndustries, Hosted Energy Management Portal 1 Each $$ 7 LSI lndustries, Platinum Site Manager Comouter Each $s 8 LSI lndustries, Platinum Ovenide Switch Each $$ Y LSI lndustries, Wireless Platinum Photo Sensor 1 Each $$ 10 LSI lndustries, Pole Mounted Occupancy Sensor 12 Each $$ rTB 20r7-259-ND Page 826 of 151 1 a/Jr+ 38 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT, TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, PURSUANT TO tNVtTATtON TO BtD (rTB) 2017-259-ND, FOR A LIGHTING SYSTEM REPLACEMENT AT LUMMUS PARK. WHEREAS, The City's Public Works Department has been working with the Police Department in an effort to assist the department with its crime deterrence efforts and, to that end, has embarked on a series of lighting improvement projects throughout the Entertainment District; and WHEREAS, the lighting improvement have been a tremendous success in deterring criminal activity on those streets where the lighting has been installed; and WHEREAS, to expand the crime deterrence efforts, the Police Department has requested that similar action be taken to improve the lighting in Lummus Park; and WHEREAS, the Public Works Department has identified a light pole and fixture combination which is approved by the City of Miami Beach Public Works Standards, known as the Louis Poulsen Albertslund Maxi Post, that has the capacity to provide the needed lighting improvements, while maximizing energy efficiency and aesthetic concerns; and WHEREAS, the Public Works Department has successfully tested the Louis Poulsen Albertslund Maxi Post lighting system by installing two fixtures on the East side of Lummus Park and 9th Street; and WHEREAS, both the Public Works and Police Departments have expressed their satisfaction with the Louis Poulsen Albertslund Maxi Post system desires to have the existing Lummus Park lighting replaced these fixtures; and WHEREAS, in addition to Lummus Park, there are other areas around the City that require Louis Poulsen replacements, such as Collins Park; and WHEREAS, in order to secure a contract for the Louis Poulsen lighting, the City has issued lnvitation to Bid (lTB) 2017-259-ND; and WHEREAS, bids, in response to the lTB, are expected to be received on or about June 15,2017;and WHEREAS, since this is a high priority item to address public safety concerns, and the Administration would like to secure an order for the lighting as quickly as possible, the Administration recommends that the City Manager be authorized to award a contract, pursuant to the lTB, to the lowest responsive, responsible bidder, upon receipt of bids. 39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to award a contract, pursuant to ITB 2017-259-ND, to the lowest responsive, responsible bidder, for a lighting system replacement at Lummus Park. PASSED and ADOPTED this day of 2017. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE 40 Resolutions - G7 X MIAAAI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Corrnissioner John Elizabeth Alenun DATE: June 7,2017 SUBJECT: RESOLUTION TO CHANGE THE PLAYGROUND SURFACE AT ALLISON PARK FROM ENGINEERED WOOD FIBER TO A POURED.IN-PLACE RUBBERIZED SURFACE. ANALYSIS Please place on the June 7, 2017 City Commission Agenda a Resolution in support of changing the material for the playground surface at Allison Park over concems of ADA accessibility for patrons with disabilities and community cats interacting with the proposed engineered uCIod surface. The Resolution stems from the June 1 ,2017 monthly Parks and Recreations Facilities Board Committee meeting wlrere the committee members discussed the resident concems and passed the following motion unanimously: To change the playground surface at Allison Park from mulch to a poured-in-place rubberized sudace. T he attached resolution proMd es ad d itional details. Please contact my office at extension6437 for additional information. Legislative Tracking Commissioner John Elizabeth Aleman ATTACHMENTS: Description u Resolution Page 827 of 151 1 41 RESOLUTION NO. RESOLUTION TO CHANGE THE PLAYGROUND SURFACE AT ALLISON PARK FROM ENGINEERED WOOD FIBER TO A POURED.IN.PLACE RUBBERIZED SURFACE. WHEREAS, on June 1,2017, the Parks and Recreation Facilities Board members discussed the material being placed on the playground at Allison Park; and WHEREAS, the members of the Parks and Recreation Facilities Board agreed on recommending a change in the playground surface material at Allison Park from engineered wood fiber to a poured-in place rubberized surface; and WHEREAS, this recommendation stems from residents' concerns over ADA accessibility for patrons with disabilities and community cats interacting with the engineered wood fiber surface. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY GOMMISSION OF THE GITY OF MIAMI BEAGH, FLORIDA that the Mayor and City Commission authorize the Administration to change the playground surface at Allison Park from engineered wood fiber to poured-in rubberized surface. PASSED and ADOPTED this day of 2017. ATTEST:PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, GITY CLERK APPROVED AS TO FORM & LANGUAGE FOR EXECU t/>/r+ Page 828 of 1 51 1 42 Resolutions - R7 O COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Raul J. Aguila, CityAttorney June 7,2017 MIAMI BEACH TO: FROM: DATE: SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY oF M|AMI BEACH, FLORTDA ('.CtTY"), OppOStNG pREStDENT DONALD J. TRUMP'S WITHDRAWAL OF THE UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; HONORING AND UPHOLDING THE CITY'S COMMITMENT TO THE POLICIES, GOALS, AND STANDARDS SET FORTH IN THE PARIS CLIMATE AGREEMENT; AND REAFFIRMING THE CITY'S ROLE AS A GLOBAL URBAN LEADER IN EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE RESI LI ENCY. ANALYSIS Pursuant to the request of Mayor Philip Levine, the attached Resolution has been placed on the June 7, 2017 City Commission meeting agenda for consideration by the City Commission. Legislative Tracking Office of the CityAttomey Sponsor Mayor Philip Levine & Co-Sponsored by Commissioner John Elizabeth Aleman ATTACHMENTS: Description o Resolution Page 1382 of 1511 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMil'IISSION OF THE CtrY OF MIAMI BEACH, FLORIDA ("ClrY"), OPPOSING PRESIDENT DONALD J. TRUMP'S WITHDRAWAL OF THE UNITED STATES FROIII THE PARIS CLIiIIATE AGREEMENT; HONORING AND UPHOLDING THE CITY'S COMMITMENT TO THE POLICIES, GOALS, AND STANDARDS SET FORTH IN THE PARIS CLltl,lATE AGREEMENT; AND REAFFIRMING THE CITY'S ROLE AS A GLOBAL URBAN LEADER IN EFFORTS TO REDUCE GREENHCIUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE RESILIENCY. VITHEREAS, climate change has been the focus of decades of intensive study by scientists worldwide, and has been intemationally recognized as one of the earth's most critical problems; and WHEREAS, at the 2015 United Nations Climate Change Conference ("COP 21"), representatives from 195 countries around the world approved the text of a landmark agreement in Paris that requires long-term global efforts to address climate change by taking steps to avert and minimize the devastating effects of sea level rise by lowering planet-warming greenhouse gas emissions ("Paris Climate Agreement'); and WHEREAS, since the 2015 conference in Paris, 147 ol the 197 parties to COP 21 (including the United States) have ratified the Paris Climate Agreement; and WHEREAS, the Paris Climate Agreement's central aim, according to the United Nations Framework Convention on Climate Change, is "to strengthen the global response to the threat of climate change by keeping a global temperature rise well below 2 degrees Celsius above pre- industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius. Additionally, the agreement aims to strengthen the ability of countries to deal with the impacts of climate change"; and WHEREAS, holding the increase in global average temperature to these levels would significantly reduce the risks and impacts of climate change; and WHEREAS, cities and urban areas are in a unique position to combat climate change, because cities and urban areas are responsible for producing 70% of climate-changing greenhouse gas emissions; and WHEREAS, the City of Miami Beach is an urban leader in addressing and responding to the actual and measurable impacts of sea level rise and other impacts of climate change by amending building and land development codes to increase resiliency standards, and by investing over $400 million in stormwater infrastruc'ture projects, which include installing new stormwater pump stations, retrofitting outfalls with backflow preventers, and elevating roads to reduce flooding in the City; and Page 1383 of 1511 44 WHEREAS, the City is a party to the Compact of Mayors, which is the world's largest cooperative effort among mayors and city leaders to reduce greenhouse gas emissions, track progres$, and prepare for the impacts of climate change; and WHEREA$, the City has taken steps to aggressively address climate change and renewable energy! and to reduce our community's carbon emissions, by completing the City's first greenhouse gas inventory and providing a Property Assessed Clean Energy (PACE) program for residents and businesses; in addition, the City is in the process of setting greenhouse gas emissions targets and developing a climate aclion plan; and WHEREAS, despite the overwhelrning body of evidence on climate change and its threats to the environment and humanity, on June 1,2017, U.S. President Donald J. Trump announced that he would withdraw tl're United States from participation in the Paris Climate Agreement; and WHEREAS, in response to the President's announcement, at least 88 Mayors, including Miami Beach Mayor Philip Levine, all of whom represent 43 million Americans, signed a pledge to "adopt, honor, and uphold the comrnitments to the goals enshrined in the Paris Agreement"; and WHEREA$, the Mayors vowed to "build and strengthen relationships around the world to protect the planet from devastating climate risks"; and WHEREAS, notwithstanding the President's announcement, the Mayor and City Commission of the City of Miami Beach hereby commit to the policies, goals, and standards set forth in the Paris Clirnate Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THT MAYOR AND THE CITY coMMtssloN oF THE ClTy OF MIAMI BEACH, FLORIDA, that the Mayor and city Commission hereby oppose President Donald J. Trump's withdrawal of the United States from the Paris Climate Agrbement, honor and uphold the City's commitment to the policies, goals, and standards set forth in the Paris Climate Agreement, and reaffirm the City's role as a global urban leader in efforts to reduce greenhouse gas emissions, mitigate the impacts of human activities that contribute to climate change, and enhance resiliency. PASSED AND ADOPTED this daY of ATTEST: RafaetE. Granado City Clerk (Sponsored by Mayor Philip Levine) F:\ATT0\(ALN\RESOLUTIONS\Pa'iS Climate Agreement^docx 2417. Philip Levine Mayor APFROVEDASTO FONM & LANGUAGE &FORE(rcUIKN 5- z-t+ Dtb Page 1384 of 1511 l\)p 45 THIS PAGE INTENTIONALLY LEFT BLANK 46 Resolutions - R7 P COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Raul J. Aguila, CityAttorney June 7,2017 AAIAAAI BEACH TO: FROM: DATE: SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY oF MtAMt BEACH, FLORTDA (',CtTY"), OPPOSTNG PRESTDENT DONALD J. TRUMP'S WITHDRAWAL OF THE UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; REAFFIRMING THE CITY,S COMMITMENT TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE RESILIENCY AND RESPECTFULLY URGING GOVERNOR RICK SCOTTAND THE FLORIDA LEGISLATURE TO JOIN THE GROWING LIST OF STATES SEEKING TO MEET OR EXCEED THE GOALS OF THE PAR I S CLI MATE AG REEMENT. ANALYS!S Pursuant to the request of Commissioner Micky Steinberg, the above-referenced Resolution has been placed on the June 7, 2017 City Commission meeting agenda. Leoislative Trackino Office of the CityAttomey Sponsor Commissioner Micky Steinberg ATTACHMENTS: Description o Resolution Page 1385 of 1511 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ("ClrY"), OPPOSING PRESIDENT DONALD J. TRUMP'S WTTHDRAWAL OF THE UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; REAFFIRMING THE CITY'S GOMMITMENT TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF HUMAN ACTIVITIES THAT CONTRIBUTE TO GLIMATE CHANGE, AND ENHANGE RESILIENGY; AND RESPECTFULLY URGING GOVERNOR RICK SCOTT AND THE FLORTDA LEGISLATURE TO JOIN THE GROWING LIST OF STATES SEEKING TO MEET OR EXCEED THE GOALS OF THE PARIS CLIMATE AGREEMENT. WHEREAS, climate change has been the focus of decades of intensive study by scientists worldwide, and has been internationally recognized as one of the earth's rnost critical problems; and WHEREAS, at the 2015 United Nations Climate Change Conference ("COP 21'), representatives from 195 countries around the world approved the text of a landmark agreement in Paris that requires longterm global etforts to address climate change by taking steps to avert and rninimize the devastating effects of sea level rise by lowering planet-warming greenhouse gas emissions ("Paris Climate Agreement"); and WHEREAS, since the 20'15 conference in Paris,147 of the 197 parties to COP 21 (including the United States) have ratified the Paris Climate Agreement; and WHEREAS, the Paris Climate Agreement's central aim, according to the United Nations Framework Convention on Climate Change, is "to strengthen the global response to the threat of climate change by keeping a global temperature rise well below 2 degrees Celsius above pre- industrial levels and to pursue efforts to limit the temperature increase even further to 1'5 degrees Celsius. Additionally the agreement aims to strengthen the ability of countries to deal with the irnpaets of climate change"; and WHEREAS, holding the increase in global average temperature to these levels would significantly reduce the risks and impacts of climate change; and WHEREAS, cities and urban areas are in a unique position to comhat clirnate change, because cities and urban areas are responsible for producing 70% of climate-changing greenhouse gas emissions; and yVHEREAS, the City of Miami Beach is an urban leader in addressing and responding to the actual and measurable impacts of sea level rise and other impacts of climate change by amending building and land development codes to increase resiliency standards, including without limitation (i; increased minimum height, open space, and landscape requirements, (ii) new electric vehicle parking requirements, and (iii) a groundbreaking requirement that new construction larger than 7,000 square feet and ground floor additions largerthan 10,000 square feet must meet applicable LEED or International Living Future lnstitute standards, or pay a sustainability fee; and Page 1386 of 1511 48 WHEREAS, the City has committed to investing in stormwater infrastructure projects with an estimated value of $400 million to reduce flooding in the City; and WHEREAS, the City has taken steps to aggressively address climate change and renewable energyr and to reduce our community's carbon emissions, by completing the City's first greenhouse gas inventory and providing a Property Assessed Clean Energy (PACE) program for residents and businesses; in addition, the City is in the process of setting greenhouse gas emisslons targets and developing a climate action plan; and WHEREAS, despite the ovenrvhelming body of evidence on climate change and its threats to tho environment and humanity, on June 1 , 2017, U,S. President Donald J, Trump announced that he would withdraw the United States from participation in the Paris Climate Agreement; and WHEREAS, notwithstanding the President's announcement, the Mayor and City Commission of the City of Miami Beach hereby commit to the policies, goals, and standards set forth in the Paris Climate Agreement; and WHEREAS, the State of Florida, while acknowledging sea level rise, has not recognized the devastating impacts facing the State due to climate change; and WHEREAS, in view of the unique vulnerability of the State of Florida to climate change and sea level rise as the nation's third-most populous state, with twothirds of its nearly 20 million residents living in coastal communities, and due to Southeast Florida's porous limestone geology, the Mayor and City Commission of the City of Miami Beach respectfully urge Governor Rick Scott and the Florida Legislature to join world and local leaders by recognizing and acknowledging global climate change as an immediate concern to the State and to take actions that will protect the people of Ftorida from the devastating impacts of global warming; and WHEREAS, accordingly, the Mayor and City Commission respectfully urge Governor Rick Scott and the Florida Legislature to join the growing list of states seeking to meet or exceed the goals set forth in the Paris Climate Agreement. NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND THE CITY COMMTSSION OF THE clTY OF llltlAMl BEACH, FLORIDA, that the Mayor and City Commission hereby oppose President Donald J. Trump's withdrawal of the United States from the Paris Climate Agreernent; reaffirm the City's commitment to reduce greenhouse gas emissions, mitigate the impacts of human activities that contribute to climate change, and enhance resiliency; and respectfully urge Governor Rick Scott and the Florida Legislature to join the growing list of states seeking to meet or exceed the goals of the Paris Climate Agreement PASSED AND ADOPTED this daY of ATTEST: ,2017. Philip Levine Mayor Rafael E. Granado City Clerk (Sponsored by Comrnissioner Micky Steinberg) Page 1387 of 1511 49 THIS PAGE INTENTIONALLY LEFT BLANK 50