99-23290 RESO
RESOLUTION NO. 99-23290
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS
(RFP) FOR INSURANCE BROKER SERVICES FOR THE
PURPOSE OF OBTAINING INSURANCE COVERAGE, AS
NEEDED BY THE CITY.
WHEREAS, on December 20, 1995, the Mayor and City Commission authorized the
Administration to execute an agreement with Arthur 1. Gallagher & Co. to provide insurance Broker
Services for two years with an option for two additional one-year periods; and
WHEREAS, the Administration has continued the service agreement with Arthur 1. Gallagher &
Co. through option years one and two for a total service agreement period of four years which expires on
December 20, 1999; and
WHEREAS, the City of Miami Beach Risk Management Program consists of both self-insured
and insured coverage depending on the type of exposures; and
WHEREAS, Automobile, General Liability, Police Liability, and Workers' compensation
exposures are self-insured and damage to City property and certain specialized exposures are insured; and
WHEREAS, the utilization of a Broker for recommending insurance coverage, carrier selection,
and policy selection, is in the best interest of the City and has provided appropriate insurance coverage
as needed by the City, with acceptable premium cost; and
WHEREAS, the issuance of an RFP will allow the City to move forward with the selection of
an Insurance Broker that will provide Broker Services for the purpose of obtaining insurance coverage, as
needed by the City; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby authorize the Administration to issue a Request for Proposals (RFP) for Insurance Broker Services
for the purpose of obtaining insurance coverage, as needed by the City.
ADOPTED this 17th day of
iJj
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
September
ATTEST:
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City Clerk
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cl.miami-beach.f1.us
COMMISSION MEMORANDUM NO. (... 2 2 -'is
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: September 14, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUT. N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
INSURANCE BROKER SERVICES FOR THE PURPOSE OF OBTAINING
INSURANCE COVERAGE, AS NEEDED BY THE CITY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The City of Miami Beach Risk Management Program consists of both self-insured and insured
programs depending on the type of exposures. Automobile, General Liability, Police Liability, and
Workers' Compensation exposures are self-insured. Damage to City Property and certain
specialized exposures (crime, underground storage liability, etc.) are insured. The City purchases
insurance for the following:
1. Property Coverage / All Risk for Buildings and Contents
2. Property Coverage/ All Risk for Boiler and Machinery
3. Flood Coverage/Buildings and Contents
4. Property /Fine Arts-Bass Museum
5. Crime/Employee Dishonesty
6. LiabilitylUnderground Storage Tanks
7. Liability/Special Events (Special program to assist the public in obtaining insurance for
Special Events)
On December 20, 1995, the Mayor and City Commission authorized the Administration to execute
an agreement with Arthur J. Gallagher & Co. to provide Insurance Broker Services for two years
with an option for two additional one-year periods. The Administration has continued the service
AGENDA ITEM
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.
q..I~-'1:L
DATE
249
agreement through option years one and two for a total service agreement period of four years. The
current service agreement expires on December 20, 1999.
The City's Broker, Arthur 1. Gallagher & Co., determines the City's commercial insurance needs,
prepares specifications, obtains quotations from acceptable markets for insurance coverage,
recommends to the Administration regarding the purchase of appropriate insurance, and services
existing policies.
The current service agreement provides that Broker Services be compensated based on an annual
fee. The Broker does not receive commission from the insurance companies relative to policies
purchased by the City. The Administration feels that this type of fee arrangement ensures that the
Broker recommendations for insurance coverage, carrier selection, policy selection, and premium
cost are in the best interest of the City. 1be Administration proposes the same fee arrangement for
the agreement effective December 21, 1999.
The issuance of an RFP will allow the City to move forward with the selection of an Insurance
Broker that will obtain insurance coverage, as needed by the City.
CONCLUSION:
The City Administration recommends that the City Commission authorize the Administration to
issue a Request for Proposals for Insurance Broker services for the purpose of obtaining insurance
coverage, as needed by the City.
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250
CITY OF MIAMI BEACH
RFP NO. 1-99/00
REQUEST FOR PROPOSALS FOR
INSURANCE BROKER SERVICES FOR' THE PURPOSE OF OBTAINING
INSURANCE COVERAGE, AS NEEDED BY THE CITY
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN OCTOBER 15,1999 AT 3:00 PM
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
252
\ . .' \
CITY OF. M./AM/
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
RFP NO. 1-99/00
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673-7490
SUNCOM: (305) 933-7490
FAX: (305) 673-7851
Sealed proposals will be received by the City of Miami Beach Procurement Director, 1700
Convention Center Drive, Miami Beach, Florida, 33139, until 3:00 PM on October 15, 1999 for:
INSURANCE BROKER SERVICES FOR THE PURPOSE OF OBTAINING
lNSURANCE COVERAGE, AS NEEDED BY THE CITY
At time, date, and place above, proposals will be publicly opened. Any proposal received after time
and date specified will be returned to the proposer unopened.
A Pre-Proposal Cunference is scheduled for 10:00 AM on October 1, 1999, in the in the First Floor
Conference Room of City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Proposal documents may be obtained upon request from the Procurement Division, telephone
number (305) 673-7490, Bid Clerk.
You are hereby advised that this RFP is subject to the "Cone of Silence, II in accordance with
Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation,
tr.ere is a prohibition on communication with the City's professional staff. The ordinance does not
apply to oral communications at pre-bid conferences, oral presentations before evaluation
committees, contract discussions during any duly noticed public meeting, public presentations made
to the CIty Commission during any duly noticed public meeting, contract negotiations with the staff
following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in
""'Titing at any time with any city employee, official, or member of the City Commission unless
specifically prohibited. A copy of all written communications must be filed with the City Clerk.
Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ
award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall
not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or
serviceS' for a period of one year.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City
of Miami Beach may reject any and all proposals or bids.
CITY OF MIAMI BEACH
Michael A. Rath, CPPB
Procurement Director
253
TABLE OF CONTENTS
I. OVERVIEW AND PROPOSAL PROCEDURES
II. SCOPE OF SERVICES
III. PROPOSAL FORMAT
IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
V. GENERAL PROVISIONS
VI. ATTACHMENTS
VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY
RFP No.: 1-99/00
Date Issued: September 15, 1999
254
SECTION I -OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City currently has a complete risk management division. The City self-insures for most
liability exposures and worker's compensation. The City currently purchases insurance for the
following:
Exposure/Type
Annual Premium
Property (All Risk)
Boiler and Machinery
Flood (NFIP)
Underground Storage Tank
Fine Arts
Crime
Special Events
$275,000.00
$ 9,200.00
$150,000.00 (estimated)
$ 10,000.00 (estimated)
$ 35,000.00
$ 2,888.00
$ 500.00
The agent/broker will be appointed Broker of Record for all of the listed insurance. The
contract term would be for three years effective December 15, 1999, with options to renew
for two years.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued September 15, 1999
Deadline for receipt of questions October 1, 1999 @ 5:00 PM
Pre-Proposal Conference October 1, 1999 @ 10:00 AM
Deadline for receipt of proposals October 15, 1999 @ 3:00 PM
Evaluation committee meeting Week of October 25, 1999
Commission approval and authorization
of negotiations November 17, 1999
Projected contract start date December 15, 1999
RFP No.:
Date Issued:
)-99/00
September 15, 1999
4
255
C. PROPOSAL SUBMISSION
An original and seven (7) copies of complete proposal must be received by October
15, 1999 at 3:00 PM and will be opened on that day at that time. The original and all
copies must be submitted to the Procurement Division in a sealed envelope or
container stating on the outside the proposer's name, address, telephone number, RFP
number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement Division
on or before the stated time and date will be solely and strictly that of the proposer.
The City will in no way be responsible for delays caused by the U.S. Post Office or
caused by any other entity or by any occurrence. Proposals received after the proposal
due date and time will not be accepted and will not be considered.
D. PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference is scheduled for 10:00 AM on October 1, 1999, in the in
the First Floor Conference Room of City Hall, 1700 Convention Center Drive, Miami
Beach, Florida.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
Proposers are advised that from the date of release of this RFP until award of the
contract, no contact with City personnel related to this RFP is permitted, except as
authorized by the contact person. Any such unauthorized contact may result in the
disqualification of the proposer's submittal.
Requests for additional information or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFP timetable. Facsimiles
will be accepted at (305) 673-7851.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding to the
RFP. Proposers should not rely on representations, statements, or explanations other
than those made in this RFP or in any addendum to this RFP. Proposers are required
to acknowledge the number of addenda received as part of their proposals. The
proposer should verify with the Procurement Division prior to submitting a
proposal that all addenda have been received.
RFP No.:
Date Issued:
1-99/00
September 15, 1999
5
256
F. PROPOSAL GUARANTY
Not applicable.
G. MODIFICA TIONIWITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a
previously submitted proposal up until the proposal due date and time. Modifications
received after the proposal due date and time will not be considered.
Proposals shall be irrevocable until contract 'award unless withdrawn in writing prior
to the proposal due date or after expiration of ninety (90) calendar days from the
opening of proposals without a contract award. Letters of withdrawal received after
the proposal due date and before said expiration date and letters of withdrawal
received after contract award will not be considered.
H. RFP POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any
and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP
process; or waive any irregularities in this RFP or in any proposals received as a result
of this RFP.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or
any work performed in connection therewith, shall be the sole responsibility of the
proposer(s) and not be reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with the City of Miami Beach Procurement
Division; this will facilitate their receipt of future notices of solicitations when they are
issued. All proposer(s) must register prior to award; failure to register will result in
the rejection of the proposal. Potential proposers may contact the Procurement
Division at (305) 673-7490 to request an application.
Registration requires that a business entity complete a vendor application and submit
an annual administrative fee of $20.00. The following documents are required:
1. Vendor registration form
2. Commodity code listing
3. Articles of Incorporation -Copy of Certification page
4. Copy of Business or Occupational License
RFP No.:
Date Issued:
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It is the responsibility of the proposer to inform the City concerning any changes,
including new address, telephone number, services, or commodities.
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline what alternative is being offered. The City, after completing
evaluations, may accept or reject the exceptions. In cases in which exceptions are .
rejected, the City may require the proposer to furnish the services or goods originally
described, or negotiate an alternative acceptable to the City.
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to
this RFP will be available for public inspection after opening of proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without
discussion, or may require proposers to give oral presentations based on their
proposals. The City reserves the right to enter into negotiations with the selected
proposer, and if the City and the selected proposer cannot negotiate a mutually
acceptable contract, the City may terminate the negotiations and begin negotiations
with the next selected proposer. This process may continue until a contract has been
executed or all proposals have been rejected. No proposer shall have any rights in the
subject project or property or against the City arising from such negotiations.
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendations for contract award by
sending a formal protest letter to the Procurement Director, which letter must be
received no later than 5 calendar days after award by the City Commission. The
Procurement Director will notify the protester of the cost and time necessary for a
written reply, and all costs accruing to an award challenge shall be assumed by the
protester. Any protests received after 5 calendar days from contract award by the City
Commission will not be considered, and the basis or bases for said protest shall be
deemed to have been waived by the protester.
RFP No.:
Date Issued;
1-99/00
September 15, 1999
7
258
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local
laws, ordinances, codes, and regulations that may in any way affect the services
offered, including the Americans with Disabilities Act, Title VII of the Civil Rights
Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines.
Ignorance on the part of the proposer will in no way relieve it from responsibility for
compliance.
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City
Commission, or untimely withdrawal of a proposal before such award is made and
approved, may result in forfeiture of that portion of any proposal surety required as
liquidated damages to the City; where surety is not required, such failure may result
in a claim for damages by the City and may be grounds for removing the proposer
from the City's vendor list.
Q. CONFLICT OF INTEREST
All proposers must disclose with their proposal the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, child) who is also an
employee of the City of Miami Beach. Further, all proposers must disclose the name
of any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the proposer or any of its affiliates.
R. PROPOSER'S RESPONSmILITY
Before submitting proposal, each proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the full
performance of the contract. Ignorance of such conditions and requirements resulting
from failure to make such investigations and examinations will not relieve the
successful proposer from any obligation to comply with every detail and with all
provisions and requirements of the contract documents, or will be accepted as a basis
for any claim whatsoever for any monetary consideration on the part of the proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered
to be an independent contractor and that neither the proposer nor the proposer's
employees and agents shall, under any circumstances, be considered employees or
agents of the City.
RFP No.:
Date Issued:
1-99/00
September 15, 1999
8
259
T. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, sub-contractor, or consultant under a contract with a
public entity , and may not transact business with any public entity in excess of the
threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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260
SECTION II -SCOPE OF SERVICES
The City requires that all Broker/Agent compensation for the required services be proposed as
an annual fee only. Neither the selected broker nor any of their business partners or affiliates
will receive commission from the insurance companies relative to policies purchased by the City.
All policy quotations obtained by the broker are to be net of commissions.
The City requires that the selected Broker/Agent provide, at a minimum, the following services:
1. Provide assistance to the City's Risk Manager in determining the City's commercial
insurance needs.
2. Prepare reports informing the City's Risk Manager regarding insurance market
conditions that may affect the City's policies and risk exposures prior to policy renewal.
3. Prepare bid specifications and underwriting data (subject to the approval of the City's
Risk Manager) to submit to acceptable insurance markets for the purpose of obtaining
quotations for insurance coverage.
4. Upon direction from the City, approach all acceptable insurance companies on behalf
of the City, and obtain written, competitive quotes for insurance coverage. A complete
list of the companies contacted, along with their response, must be submitted.
5. Present to the City all insurance coverage proposals obtained. This report must
contain a comprehensive analysis by the broker of the proposals obtained with
recommendations for the selection of one proposal for the particular risk to be covered.
6. Negotiate, on behalf of , and with direction from, the City with all insurance carriers
to obtain the best prices, terms and conditions available.
7. Review all insurance policies and invoices received for policies purchased by the City
to assure their accuracy and appropriateness.
8. Review and evaluate existing City policies to provide recommendations for possible
improvement of price, terms, and conditions.
9. Service existing policies as necessary. This includes but is not limited to, issuing
certificates of insurance to provide evidence of coverage, promptly making policy
changes, and obtaining endorsements.
10. Report any claims to the insurance carrier and monitor the handling and disposition
of the claim to assure the City's policy rights are protected.
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Date Issued:
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11. Provide an annual report summarizing all insurance coverage in place, anticipated
market conditions, recommendations and strategies.
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SECTION III -PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as required.
Proposals which do not include all required documentation or are not submitted in the required
format, or which do not have the appropriate signatures on each document, may be deemed to
be non-responsive. Non-responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures.
All pages must be consecutively numbered and correspond to the table of contents.
2. Proposal Points to Address:
Proposer must respond to all minimum requirements listed below, and provide
documentation which demonstrates ability to satisfy all of the minimum
qualification requirements. Proposals which do not contain such documentation
may be deemed non-responsive.
3. Price Proposal
Proposer must include price which will be charged to the City.
4. Acknowledgment of Addenda and Proposer Information forms (Section VIII)
5. Anv other document required by this RFP. such as a Ouestionnaire or Proposal
Guaranty.
B. MINIMUM REQUIREMENTS I QUALIFICATIONS:
All Bidders must provide the following information:
1. Proposed annual fee (for three years with an option to renew for two additional years)
2. Company annual report.
3. Resumes of all personnel that will service this account.
4. Response to required scope of services.
5. Current client list (for all accounts handled by the office you are proposing to handle
this account).
6. Additional services available to the City (specify if additional compensation is required
for the optional services).
7. List of clients which discontinued using your services during the past two (2) years.
Provide names and telephone numbers of contact persons.
8. List of Insurance companies used for placement and premium volume you have
placed with each for the past three (3) years.
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9. Copy of agent/broker license and proof of Professional Liab. Insurance.
10. Sample service agreement/contract.
SECTION IV -EV ALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is
desired, proposers may be requested to make additional written submissions or oral
presentations to the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or
proposals acceptance of which the Evaluation Committee deems to be in the best interest
of the City.
The Evaluation Committee shall base its recommendations on the following factors:
1. The proposer's responsiveness to the RFP.
2. The proposer's qualifications and experience in obtaining insurance coverage.
3. The qualifications and experience of the proposer's personnel that will be
assigned to the account.
4. The proposer's experience and knowledge of municipal insurance needs.
5. Cost of services provided (fee).
6. Demonstration of successful prior performance in providing these services to
government agencies.
7. Proposer's references. Submit a list of current clients. Also submit a list of
clients who discontinued using your service in the past two (2) years.
8'. Insurance companies used for insurance placement and the premium volume you
have placed with each for the past three (3) years.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals which the City
Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of
the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate,
approve the City Manager's recommendation(s). The City Commission may reject City
RFP No.:
Date Issued:
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Manager's recommendation(s) and select another proposal or proposals. In any case, City
Commission shall select the proposal or proposals which the City Commission deems to
be in the best interest of the City. The City Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager take place to arrive at
a contract. If the City Commission has so directed, the City Manager may proceed to
negotiate a contract with a proposer other than the top-ranked proposer if the negotiations
with the top-ranked proposer fail to produce a mutually acceptable contract within a
reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has (or have) done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the
aforesaid evaluation/selection process until and unless a contract has been agreed to and
signed by both parties.
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Date Issued:
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SECTION V -GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants, or assign,
transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right,
title, or interest therein, or its power to execute such contract to any person, firm, or
corporation without prior written consent of the City. Any unauthorized assignment shall
constitute a default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harmless the
City of Miami Beach and its officers, employees, and agents, from and against any and
all actions, claims, liabilities, losses and expenses, including but not limited to attorneys'
fees, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, in law or in equity, which may arise or be alleged to have arisen from the
negligent acts or omissions or other wrongful conduct of the successful proposer, its
employees, or agents in connection with the performance of service pursuant to the
resultant Contract; the successful proposer shall pay all such claims and losses and shall
pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
C. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it shall fail
to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to terminate
the services then remaining to be performed by giving written notice to the successful
proposer of such termination which shall become effective upon receipt by the successful
proposer of the written termination notice.
In that event, the City shall compensate the successful proposer in accordance with the
Agreement for all services performed by the proposer prior to termination, net of any
costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful proposer shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Agreement by the
proposer, and the City may reasonably withhold payments to the successful proposer for
the purposes of set off until such time as the exact amount of damages due the City from
the successful proposer is determined.
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Date Issued:
1-99/00
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed
at any time without cause by giving written notice to successful proposer of such
termination, which shall become effective thirty (30) days following receipt by proposer
of such notice. In that event, all finished or unfinished documents and other materials
shall be properly delivered to the City. If the Agreement is terminated by the City as
provided in this section, the City shall compensate the successful proposer in accordance
with the Agreement for all services actually performed by the successful proposer and
reasonable direct costs of successful proposer for assembling and delivering to City all
docmnents. No compensation shall be due to' the successful proposer for any profits that
the successful proposer expected to earn on the balanced of the Agreement. Such
payments shall be the total extent of the City's liability to the successful proposer upon
a termination as provided for in this section.
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Date Issued:
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267
SECTION VI -ATTACHMENTS
1. Cone of Silence, Ordinance No. 99-3164
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Date Issued:
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SECTION VII -PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and
aU proposals, to make awards on aU items or any items according to the best interest of the
City, and to waive any irregularities in the RFP or in the proposals received as a result of
the RFP. It is also understood and agreed by the proposer that by submitting a proposal,
proposer shall be deemed to understand and agree than no property interest or legal right
of any kind shall be created at any point during the aforesaid evaluation/selection process
until and unless a contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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269
REQUEST FOR PROPOSALS NO. 1-99/00
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this
RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of staff
Date
(Proposer -Name)
(Date)
(Signature)
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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DECLARATION
TO: Sergio Rodriguez
City Manager
City of Miami Beach, Florida
day of
, 1998.
Submitted this
The undersigned, as proposer, declares that the only persons interested in this proposal are named
herein; that no other person has any interest in this proposal or in the Contract to which this
proposal pertains; that this proposal is made without connection or arrangement with any other
person; and that this proposal is in every respect fair and made in good faith, without collusion
or fraud.
The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach
docwuent for the purpose of establishing a formal contractual relationship between the proposer
and the City of Miami Beach, Florida, for the performance of all requirements to which the
proposal pertains.
The proposer states that the proposal is based upon the documents identified by the following
nwuber: RFP No. (Number)
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corooration. answer this:
When Incorporated:
In what State:
If Foreign Corooration:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
RFP No.:
Date Issued:
1-99/00
September 15, 1999
QUESTIONNAIRE
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272
Ouestionnaire (continued)
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business:
2. Have any similar agreements held by proposer for a project similar to the proposed
project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify as
a responsible bidder, refused to enter into a contract after an award has been made,
failed to complete a contract during the past five (5) years, or been declared to be
in default in any contract in the last 5 years?
If yes, please explain:
RFP No.:
Date Issued:
1.99/00
September 15, 1999
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273
Questionnaire (continued)
4. Has the proposer or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary.
5. Person or persons interested in this bid and Qualification Form
(have) (have not) been convicted by a Federal, State, County, or
Municipal Court of any violation of law, other than traffic violations. To include
stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
c. List any criminal violations and/or convictions of the proposer and/or any of its
principals:
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this proposal:
(If none, so state.)
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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274
Ouestionnaire (continued)
8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships which
would constitute a conflict of interest, either actual or perceived, with any proposer
and/or individuals and entities comprising or representing such proposer, and in an
attempt to ensure full and complete disclosure regarding this contract, all Proposers
are required to disclose all persons and entities who may be involved with this ProposaL
This list shall include public relation firms, lawyers and lobbyists.
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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275
The Proposer understands that information contained in this Questionnaire will be relied upon by the City in
awarding the proposed Contract and such information is warranted by the Proposer to be true. The
undersigned Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating
to the qualifications ofthe Proposer, as may be required by the City Manager.
The Proposer further understands that the information contained in this questionnaire may be confirmed
through a background investigation conducted by the Miami Beach Police Department. By submitting this
questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to
fingerprinting and providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
Signature
(General Partner)
(Print Name)
(Print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
Secretary
(CORPORATE SEAL)
RFP No.:
Date Issued:
1-99/00
September 15, 1999
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