2000-23826 RESO
RESOLUTION NO. 2000-2382_~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 69-
99/00 FOR RESTORATION OF PERIOD FRAMES FOR THE CITY OF
MIAMI BEACH BASS MUSEUM PERMANENT COLLECTION
PAINTINGS.
WHEREAS, the core of the Bass Museum of Art permanent collection is
represented by the Old Master paintings dated from the 14th - 19th centuries, donated by John and
Johanna Bass when the Museum was founded in 1963; and
WHEREAS, for many years these period frames have suffered conditions that have
caused them to deteriorate due to the archaic HV AC system; and
WHEREAS, the Administration desires to contract with qualified and highly
experienced antique frame restoration firms for restoration of said period frames for the City of
Miami Beach Bass Museum permanent collection paintings; and
WHEREAS, the Administration has drafted a Request for Proposals for providing
the said services and set a tentative date of April 14, 2000, as the deadline for receipt of proposals.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby authorize the Administration to issue Request for Proposals (RFP) No. 69-
99/00 for Restoration of Period Frames for the City of Miami Beach Bass Museum Permanent
Collection Paintings.
PASSED and ADOPTED this ~ day of March, 2000 1M
MA YOR
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CITY OF MIAMI BEACH
RFP NO. 69-99/00
REQUEST FOR PROPOSALS FOR
RESTORATION OF PERIOD FRAMES FOR THE CITY OF MIAMI BEACH BASS
MUSEUM PERMANENT COLLECTION PAINTINGS
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 AM ON MARCH 31,
2000, AT THE FORTRESS LOCATED AT 1629 N.E. 1ST AVENUE, MIAMI, FLORIDA.
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN 3:00 P.M. APRIL 14,2000
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
FAX: (305) 673-7851
RFP NO.:
DATE:
69-99/00
3/16/00
CITY OF MIAMI BEACH
1
TABLE OF CONTENTS
Pae:e
I. OVERVIEW AND PROPOSAL PROCEDURES 5-10
II. SCOPE OF SERVICES 11
III. PROPOSAL FORMAT 12-13
IV. EV ALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 14-15
V. GENERAL PROVISIONS 16-17
VI. SPECIAL TERMS AND CONDITIONS 18
VII. ATTACHMENTS 19
VIII. DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 20-29
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
CITY OF MIAMI BEACH
RFP NO. 69-99/00
Sealed proposals will be received by the City of Miami Beach Procurement Director, 1700
Convention Center Drive, Miami Beach, Florida, 33139, until 3:00 P.M. on April 14, 2000 for:
RESTORATION OF PERIOD FRAMES FOR THE CITY OF MIAMI BEACH BASS
MUSEUM PERMANENT COLLECTION PAINTINGS
At the time, date, and place above, proposals will be publicly opened. Any proposal received after
the time and date specified will be returned to the respondent unopened.
Package request forms are available by calling City of Miami Beach Procurement Division's
DemandStar.com system at (407) 975-3227 and requesting Document #693. Many packages can
be downloaded from the Internet. Check the City's site at ..http://www.ci.miami-beach.f1.us.. for
download availability and any applicable fees. Vendors registered with DemandStar.com can
download packages at no cost from their website - ..http://www.demandstar.com...
A Pre-Proposal Conference is scheduled for 10:00 AM on March 31, 2000, at THE FORTRESS,
located at 1629 N.E. 1st Avenue, Miami, Florida.
You are hereby advised that this RFP is subject to the "Cone of Silence," in accordance with
Ordinance No. 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff. The
Ordinance does not apply to oral communications at pre-bid conferences, if held, 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 this RFP by the City Commission, or
communications in writing 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 this
RFP award to said bidder or proposer void, and said bidder or respondent 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.
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The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses;
re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities
in this RFP or in the responses received as a result of this RFP, as deemed to be in the best interest
of the City.
CITY OF MIAMI BEACH
Michael A. Rath, CPPB
Procurement Director
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The core of the Bass Museum of Art permanent collection is represented by the Old Master paintings
donated by John and Johanna Bass when the Museum was founded in 1963. These paintings date
from the 14th - 19th centuries and most of them are framed in their original frames. Many of these
period frames are ornate, fine examples of gilded framing from their particular eras and are quite
valuable. They have been evaluated by Mr. Stanley Robertson, frame expert for the Metropolitan
Museum of Art in New York. He concluded that the Bass Museum collection of period frames is
a unique and valuable resource for the City of Miami Beach.
However, for many years these frames have suffered conditions that have caused them to deteriorate.
The archaic HV AC system (installed when the Museum first opened in 1963) in the old Museum
was far from adequate for the preservation of the works of art and their frames. In addition, the space
constraints of this small building in which their was virtually no on-site art storage also took its tolL
The Museum's paintings with their ornate and delicate frames were constantly moved back and forth
to off-site storage depending on permanent collection rotation requirements. Despite great care taken
in packing and transporting these works their weakened condition due to HV AC fluctuations caused
damages to occur such as lost pieces of ornamentation and considerable gilt finish losses as the gold
leaf separated from the gesso on the frames. These frames now require attention before the
Museum's permanent collection paintings will be put on view in the expanded facility to open in
September, 2000.
The City of Miami Beach is requesting proposals from qualified and highly experienced antique
frame restoration firms in order to complete this project. Twenty-seven (27) frames have been
identified as those needing the most immediate attention and the work includes casting and replacing
replicas of lost ornamentation, repairing gilt finish with gold leaf, matching existing colors and
patinas on the frames, replacing missing gesso, securing loose sections of wood, rejoining mitres,
repairing old poor repairs and cleaning the frames as required.
The term for this project is May 1 - July 1, 2000. It is imperative that this work be completed in time
to allow for the frames to be returned to the Bass Museum, the paintings to be reframed and the
works to be installed in the new facility in time for a September 1, 2000 opening.
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B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
March 16,2000
Pre-proposal Conference
March 31, 2000, at 10:00 a.m.
Deadline for receipt of questions
April 1, 2000
Deadline for receipt of proposals
April 14, 2000 at 3:00 p.m.
Evaluation/Selection process
April 17, 2000
Projected award date
April 26, 2000
Projected contract start date
May 1, 2000
C. PROPOSAL SUBMISSION
An original and six (6) copies of a complete response to each project must be received by
Friday, April 14, 2000 at 3:00 p.m. 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 respondent's name, address, telephone number,
RFP number, Project number, Project title, and 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 RFP DUE DATE
AND TIME ARE LATE AND WILL NOT BE CONSIDERED.
D. PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference is scheduled for 10:00 AM on March 31, 2000, at THE
FORTRESS, located at 1629 N.E. 1st Avenue, Miami, Florida.
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E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
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. In order to
expedite the receipt of questions and the issuance of clarification addenda, the proposer may
submit questions via facsimile 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 responses. The proposer should verifY
with the Procurement Division prior to submitting a proposal that all addenda have
been received.
F. PROPOSAL GUARANTY
None required.
G. MODI FICA TION/WITHDRA 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 RFP due date and time. Modifications received after the
RFP due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the
RFP due date or after the expiration of one-hundred twenty(l20) days from the opening of
proposals. Letters of withdrawal received after the RFP due date and before said expiration
date, and letters of withdrawal received after contract award will not be considered.
H. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in this RFP or in the responses received as a result of this RFP, as deemed
to be in the best interest of the City.
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 shall not be reimbursed by the City.
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J. VENDOR APPLICATION
Prospective proposers should register with the DemandStar.com (the City's Vendor Database:
Management firm); this will facilitate the receipt of future notices of solicitations when they
are issued. Potential proposers may contact DemandStar.com at (800) 711-1712 or register
on-line at www.demandstar.com.
It is the responsibility of the proposer to inform DemandStar.com concerning any changes,
such as new address, telephone number, 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,
at its sole and absolute discretion, may accept or reject the exceptions. In cases in which
exceptions are rejected, the City may require the proposer to furnish the services originally
described herein, 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 submittal. 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 whether expressed or implied. 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 award by sending a
formal protest letter to the Procurement Director, which letter must be received no later than
five (5) calendar days after award by the City Commission. The Procurement Director will
notifY the proposer 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 five (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.
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O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be or become 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 other 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 improper withdrawal of a proposal before such award is made and approved, may result
in forfeiture of that portion of any surety required as liquidated damages to the City; where
surety is not required, such failure may result in a claim for damages by the City and may be
grounds for removing the proposer from the City's vendor list.
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. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All proposers are expected to be or become familiar with all City of Miami Beach Lobbyist
laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach
Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
herein, in addition to disqualification of their proposals, in the event of such non-compliance.
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S. PROPOSER'S RESPONSIBILITY
Before submitting a 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, nor will it be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the proposer.
T. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered as 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.
U. PUBLIC ENTITY CRIME
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 a 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 of36 months from the date of being placed on the convicted
vendor list.
v. CONE OF SILENCE
You are hereby advised that this RFP is subject to the "Cone of Silence," in accordance with
Ordinance No. 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff.
The Ordinance does not apply to oral communications at pre-bid conferences, if held, 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 this RFP by the
City Commission, or communications in writing 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 this RFP award to said bidder or proposer void, and
said bidder or respondent 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.
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SECTION II - SCOPE OF SERVICES
The objective of this project is to restore the Bass Museum's valuable collection of period frames
from the 14th-19th centuries to as close as possible to their original condition. Services to be
provided include casting and replacing replicas of lost ornamentation, repairing gilt finish with gold
leaf, matching existing colors and patinas on the frames, replacing missing gesso, securing loose
sections of wood, rejoining mitres, repairing old poor repairs and cleaning the frames as required.
This work is to be performed off-site and the proposer must have an appropriate facility for this kind
of work including proper air-conditioning, security and fire safety. The proposer may not sub-
contract this project or portions of this project to another party. The proposer must be able to
accommodate two (2) separate deliveries (one on May 1 and one in mid June) of 13-14 frames to be
restored. The frames to be delivered for restoration at these times will be at the discretion of the
Bass Museum. When the restoration of the frames is finished, their redelivery will also be at the
discretion of the Bass Museum and it is anticipated that they will be picked-up and returned to the
Museum in the same two groups of 13-14 frames. In order to minimize the risk of additional
damage, each frame will remain wrapped in its packing material until it is to be restored. The
proposer will save the packing materials used for delivering the frames and see that they are
preserved to be used again for repacking the frames for redelivery.
The proposer's performance will be monitored by Bass Museum staff -- either the Curator or
Registrar. The proposer must be willing to accommodate occasional inquiries and/or visits to their
facility to monitor the progress of the project. In addition, each restored frame must be photographed
and this photograph provided to the Bass Museum Curator or Registrar for final approval of the work
performed before each frame is considered finished. If the Curator or Registrar do not consider the
work completed to be according to the original proposal, the work will have to be done over. A
treatment report on each frame restored will also be required.
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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.
3. Acknowledgment of Addenda and Proposer Information forms (Section VIII)
4. Anv other document required by this RFP, such as a Ouestionnaire or Proposa~
Guarantv.
B. MINIMUM REQUIREMENTS/QUALIFICA TIONS
1. Proposer must have completed similar work for a south Florida museum in the past
three (3) years and be able to provide a reference from those museums.
2. Proposer must show evidence of at least ten (10) years of incorporation as a company
restoring art and antiques.
3. Proposer must show that all artisans who will work on the Bass Museum's frames are
at least at Journeyman level (having completed at least 4 years apprenticeship with
a master antique frame gilder and/or restorer) and are supervised by the appropriate
senior members of the restoration staff.
4. Location of the proposer's facility where the restoration work is to be performed must
be no farther than one-hundred (100) miles, as the Museum is responsible for the
two-way transportation of the frames.
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5. Proposer must be able to complete the project during the period May 1 - July 1,2000.
No other time frame will be considered.
6. Proposer must show proof in the form of photographs, videotapes, etc. of their
company's restoration work on frames of similar make, size, time period, value
and state of disrepair as the frames to be restored in the Bass Museum collection.
These frames range from the 14th-19th centuries and are generally ornate and gilded.
7. Proposer must exhibit the ability to complete this project under sole contract with the
CMB (no sub-contractors are permitted) and solely within their facility.
8. Since the Museum is to retain these frames on their insurance policy, the proposer
must show that the appropriate security, fire suppression, air conditioning systems
are in place on their premises before the frames are sent.
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SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions 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:
I. Level of experience as it specifically relates to this project that the proposer, his/her
company and staff exhibit.
II. Number of experienced, senior artisans working at the company.
III. Location of the proposer's facility where the restoration work is to be performed.
IV. Ability of the proposer to complete the project within the required time frame.
V. Quality and number of references.
VI. Quality of restoration work exhibited in photographs, videotapes, etc.
VII. Quality and size of the proposer's facility insofar as this may affect the proposer's
ability to handle this large project in a careful, efficient and timely manner.
VIII Price (Total).
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6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any case, City Commission
shall select the proposal or proposals acceptance of which the City Commission deems to be
in the best interest of the City. The City Commission may also reject all proposals.
8. Negotiations between the 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 ifthe 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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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
Ifthrough 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 suocessful 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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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 JYovided 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 documents. 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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SECTION VI - SPECIAL TERMS AND CONDITIONS
A. INSURANCE
The successful proposer(s) shall obtain, provide, and maintain during the term of the proposed
Agreement the following types and amounts of insurance issued by insurers licensed to sell insurance
in the State of Florida and having a B+ VI or higher rating in the latest edition of A.M. Best's
Insurance Guide. Any exceptions to these requirements must be approved by the City Manager or
designee.
1. Commercial General Liability. A policy including, but not limited to, comprehensive
general liability including bodily injury, personal injury, property damage in the amount of
a combined single limit of not less than $1,000,000. Coverage shall be provided on an
occurrence basis. The City of Miami Beach must be named as additional insured on policy.
2. Professional Liability (Errors and Omissions). Minimum of$I,OOO,OOO per occurrence.
3. Worker's Compensation. A policy of Worker's Compensation and Employers Liability
Insurance in accordance with State worker's compensation laws.
Thirty (30) days' written notice of cancellation or substantial modification in insurance coverage
must be given to the City by the architect/engineer and its insurance company.
Evidence of such insurance shall be submitted to and approved by City prior to commencement of
any work or tenancy under the proposed Agreement.
FAILURE TO PROCURE INSURANCE: The successful respondent's failure to procure or
maintain the required insurance shall constitute a material breach ofthe proposed Agreement,
giving the City the right to terminate the proposed Agreement.
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SECTION VII - ATTACHMENTS
1. Miami Beach Lobbyist Ordinance No. 92-2785
(Division 3 Lobbyist)
2. Miami Beach Ordinance No. 99-6134 "Cone of Silence Ordinance"
(Division 4 Procurement)
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SECTION VIII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Price Proposal Form
4. Declaration
5. Questionnaire
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PROPOSERINFO~ATION
Submitted by:
Entity:
Signature:
Name (Typed):
Address:
City/State:
Telephone: ( )
Fax: ( )
It is understood and agreed by proposer that the City reserves the right to reject any and all
proposals, to make awards on all items or any items according to the best interest of the City,
and to waive any irregularities in the RFP or in the proposals received as a result of the RFP.
It is also understood and agreed by the proposer that by submitting a proposal, proposer shall
be deemed to understand and agree 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.
(Authorized Signature)
(Date)
(Printed Name)
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REQUEST FOR PROPOSALS NO. 69-99/00
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)
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PRICE PROPOSAL FORM
This proposal shall include the total price for the services requested, as follows:
A. Restoration of Period Frames for the City of Miami Beach
Bass Museum Permanent Collection Paintings.
$
PROPOSER'S NAME:
SIGNATURE:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
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DECLARATION
TO: Lawrence A. Levy
City Manager
City of Miami Beach, Florida
day of
,2000.
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
document for the purpose of establishing a formal contractual relationship between the proposer and
the City of Miami Beach, Florida, for the performance of all requirements to which the proposal
pertains.
The proposer states that the proposal is based upon the documents identified by the following
number: RFP No. 69-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
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Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Foreie:n Corporation:
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:
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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:
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Ouestionnaire (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.)
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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 oubUc relation firms, lawvers and lobbvists. The
Procurement Division shall be notified in writinJ! if anv oerson or entitv is added to this
list after receiot of orooosals.
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Ouestionnaire (continued)
The proposer understands that information contained in this Questionnaire will be relied upon by the City in
awarding the proposed Agreement and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating
to the qualifications of the proposer, as may be required by the City Manager.
The proposer further understands that the information contained in this questionnaire may be confirmed
through a background investigation conducted by the Miami Beach Police Department. By submitting this
questionnaire the proposer agrees to cooperatewith 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:
(CORPORATE SEAL)
Secretary
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DIVISION 3. LOBBYISTS
Sec. 2-481.
Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility
is to recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas
of responsibility.
Commissioners means the mayor and members of the city commission.
Departmental personnel means the city manager, all assistant city managers, all department heads, the city
attorney, chief deputy city attorney and all assistant city attorneys; however, all departmffital personnel when
acting in connection with administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage
the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any
action, decision, recommendation of any city board or committee; or any action, decision or recommendation
of any personnel defined in any manner in this section, during the time period of the entire decision-making
process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city
commission, or a city board or committee. The term specifically includes the principal as well as any agent,
attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the
normal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other
boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board,
special master hearings and administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, SS 1,2,3-4-92; Ord. No. 92-2785, SS 1,2,6-17-92)
Cross reference(s)--Definitions generally, S 1-2.
Sec. 2-482.
Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every
person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in
appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant
to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
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(b) Any change to any information originally filed, or any additional city commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited
to a specific description where applicable of a pending request for a proposal, invitation to
bid, or public hearing number. The city clerk shall reject any registration statement not
providing a description of the specific issue on which such lobbyist has been employed to
lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(f) In addition to the registration fee required in subsection ( a) of this section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for
biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current city commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) ofthis section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the city manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or
a trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, S 3, 3-4-92; Ord. No. 92-2785, S 3,6-17-92)
Sec. 2-483.
(a)
(b)
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Exceptions to registration.
Any public officer, employee or appointee or any person or entity in contractual privity with
the city who only appears in his official capacity shall not be required to register as a
lobbyist.
Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
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neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel, board
or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing shall
not be required to register, nor shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, ~~ 4, 5, 3-4-92; Ord. No. 92-2785, ~~ 4, 5, 6-17-92)
Sec. 2-484.
Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of the
mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain
signed sign-in logs for all noncity employees or personnel for registration when they meet with any personrel
as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485.
(a)
(b)
(c)
(d)
List of expenditures.
On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under
oath listing all lobbying expenditures in the city for the preceding calendar year. A statement
shall be filed even if there have been no expenditures during the reporting period.
The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045.
All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division. Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of any
investigation and shall have the opportunity to rebut the findings, if necessary, and submit
any written material in defense to the city commission. The city commission may reprimand,
censure, suspend or prohibit such person from lobbying before the commission or any
committee, board or personnel of the city.
(Ord. No. 92-2777, 9 6, 3-4-92; Ord. No. 92-2785, 9 7,6-17-92)
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DIVISION 4. PROCUREMENT
Sec. 2-486.
Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for qualifications
("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and the city's professional staff including, but not
limited to, the city manager and his or her staff; and (b) any communication regarding a
particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their
respective staffs, and any member of the city's professional staff including, but not limited
to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence
shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax
Funds administered by the city office of community development, and communications with
the city attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the
cone of silence, the city manager or his or her designee shall provide for public
notice of the cone of silence. The city manager shall include in any public
solicitation for goods and services a statement disclosing the requirements of
this division.
b. The cone of silence shall terminate a) at the time the city manager makes his or
her written recommendation as to selection of a particular RFP, RFQ, RFLI, or
bid to the city commission; provided, however, that if the city commission refers
the manager's recommendation back to the city manager or staff for further
review, the cone of silence shall be reimposed until such time as the manager
makes a subsequent written recommendation, or b) in the event of contracts for
less than $10,000.00, when the city manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall 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 commissioners
during any duly noticed public meeting, contract negotiations with city staff following the
award of an RFP, RFQ, RFLI, or bid by the city corrmission, or communications in writing
at any time with any city employee, official or member of the city commission, unless
specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or
proposer shall file a copy of any written communications with the city clerk. The city clerk
shall make copies available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs,
and any member of the city's professional staff including, but not limited to the city man~er
and his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI,
or bid between the mayor, city commissioners or their respective staffs and any member of
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the city's professional staff including, but not limited to, the city manager and his or her staff.
Notwithstanding the foregoing, the cone of silence shall not apply to communications with
the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed
upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP,
RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or
his or her designee shall provide for the public notice of the cone of silence. The cone of
silence shall terminate a) at the time the city manager makes his or her written
recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city
commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence shall
be reimposed until such time as the manager makes a subsequent written recommendation,
or b) or in the event of contracts for less than $10,000.00, when the city manager executes
the contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (i) from making public
presentations at duly noticed pre-bid conferences or before duly noticed evaluation
committee meetings; (ii) from engaging in contract discussions during any duly noticed
public meeting; (iii) from engaging in contract negotiations with city staff following the
award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from
communicating in writing with any city employee or official for purposes of seeking
clarification or additional information from the city or responding to the city's request for
clarification or additional information, subject to the provisions of the applicable RFP, RFQ,
RFLI, or bid documents. The bidder or proposer shall file a copy of any written
communication with the city clerk. The city clerk shall make copies available to the general
public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or
entity from publicly addressing the city commissioners during any duly noticed public
meeting regarding action on any audit contract. The city manager shall include in any public
solicitation for auditing services a statement disclosing the requirements of this division.
(c) Violations/penalties and procedures. An alleged violation of this section by a particular bidder or
proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, 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 cOltract for the
provision of goods or services for a period of one year. Any person who violates a provision of this
division shall be prohibited from serving on a city evaluation committee. In addition to any other
penalty provided by law, violation of any provision of this division by a city employee shall subject
said employee to disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the state attorney
and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, ~ 1, 1-6-99)
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. '2fY:)-O(J
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Lawrence A. Levy ~
City Manager
DATE: March 15,2000
SUBJECT: A Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida, Authorizing the Administration to Issue Request for Proposals (RFP)
No. 69-99/00 for Restoration of Period Frames for the City of Miami Beach Bass
Museum Permanent Collection Paintings.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The core of the Bass Museum of Art permanent collection is represented by the Old Master paintings
donated by John and Johanna Bass when the Museum was founded in 1963. These paintings date
from the 14th - 19th centuries and most of them are framed in their original frames. Many of these
period frames are ornate, fine examples of gilded framing from their particular eras and are quite
valuable.
However, for many years these frames have suffered conditions that have caused them to deteriorate.
The archaic HV AC system (installed when the Museum first opened in 1963) in the old Museum
was far from adequate for the preservation of the works of art and their frames. These frames now
require attention before the Museum's permanent collection paintings will be put on view in the
expanded facility to open in September, 2000.
The Administration has drafted the attached Request for Proposals (RFP) to solicit proposals from
qualified and highly experienced antique frame restoration firms. Twenty-seven (27) frames have
been identified as those needing the most immediate attention. The work will include casting and
replacing replicas oflost ornamentation, repairing gilt finish with gold leaf, matching existing colors
and patinas on the frames, replacing missing gesso, securing loose sections of wood, rejoining
mitres, repairing old poor repairs and cleaning the frames as required.
It is the Administration's recommendation for the City Commission to adopt the Resolution.
~J/~
LAL:~:DC:MR
AGENDA ITEM C-l 6
DATE 3-L5~OO
Attachment