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2000-23872 RESO RESOLUTION NO. 2000-23872 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR INTERESTED COMPANIES TO FABRICATE, INSTALL AND OPERATE, FOR A PERIOD OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS AT THE CITY'S DISCRETION, A MINIMUM OF TEN (10) DIRECTORY STRUCTURES IN THE RIGHT-OF- WAY ON LINCOLN ROAD, FOR THE PURPOSE OF PROVIDING WAY- FINDING INFORMATION TO VISITORS TO THE AREA AND TO PROVIDE AND INSTALL STREET NAME AND BLOCK NUMBER SIGNS AT TEN (10) INTERSECTIONS ALONG LINCOLN ROAD. WHEREAS, the City is desirous of improving the Lincoln Road area by making the area more convenient for visitors to use; and WHEREAS, on March 21,2000, the City's Land Use and Development Committee met and reviewed the topic of placing directory structures at various locations in the Lincoln Road area; and WHEREAS, the Land Use and Development Committee voted to recommend to the City Commission that the City's Procurement Department issue a Request For Proposals, seeking offers from qualified entities for the fabrication, installation and operation of a minimum of ten (10) directory structures on Lincoln Road, for a period of five (5) years, with the City having the option to extend the arrangement for an additional five (5) years, at its discretion and to provide and install street name and block number signs at ten (10) intersections along Lincoln Road; and WHEREAS, the Request for Proposals is herein attached. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the issuance of a Request for Proposals (RFP) for interested companies to fabricate, install and operate for a period of five (5) years, with an option for the City to renew for an additional five (5) years at the City's discretion, a minimum often (10) directory structures in the right-of-way on Lincoln Road, for the purpose of providing way-finding information to visitors to the area and to provide and install street name and block number signs at ten (10) intersections along Lincoln Road. PASSED AND ADOPTED THIS 12th day of April ,2000 IUGvLt r e Cl~ (0'\/ #~ MAXPPioVED AS TO FORM & LANGUAGE & FOR EXECUTION ATTEST: C rTY C L ERKFIWORKI$ALLICAH\LINCROADILINC _ RFP.RES ~~ ~ CITY OF MIAMI BEACH RFP NO. 88-99/00 REQUEST FOR PROPOSALS TO Construct, Operate and Maintain a Minimum of 10 Directory Structures in the Lincoln Road Area, Providing Directory Information, Location Maps, and Offering Advertising Space for Commercial Use, and Fabricate and Install Street Signs and Block Number Signs at ten (1 0) intersections along Lincoln Road. A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 a.ID. ON April 28, 2000, IN THE First Floor Conference Room at City Hall. PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN May 19,2000 AT 3:00 p.m CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 PHONE: (305) 673-7490 FAX: (305) 673-7851 RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH RFP NO. 88-99/00 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 May 19,2000 to: Construct, Operate and Maintain a Minimum of 1 0 Directory Structures in the Lincoln Road Area, Providing Directory Information, Location Maps, and Offering Advertising Space for Commercial Use, and Fabricate and Install Street Signs and Block Number Signs at ten (1 0) intersections along Lincoln Road. 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 Conference is scheduled for 10:00 a.m, in the First Floor Conference Room Miami Beach City Hal!, 1700 Convention Center Drive, Miami Beach, FL 33139 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, " in accordance with City Ordinance 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, 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 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 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 John G. Ellis Assistant Procurement Director RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 2 TABLE OF CONTENTS Page I. OVERVIEW AND PROPOSAL PROCEDURES 4 II. SCOPE OF SERVICES 10 III. PROPOSAL FORMAT 11 IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 13 V. GENERAL PROVISIONS 14 VI. SPECIAL TERMS AND CONDITIONS 15 VII. ATTACHMENTS 16 VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED 17 TO CITY RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 3 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONIBACKGROUND This Request for Proposals (RFP) is directed at interested firms with the experience and organizational capability for the construction, operation and maintenance of a minimum of ten (10) proposed directory structures. These Directory Structures will contain: a map of the area, a listing oflocal merchants keyed to locations on the map, which will be required to be corrected and updated frequently, along with space for two advertising posters, which may be used for commercial purposes. The selected firm will design, fabricate and installation the Directory Structures, using design concepts provided by the City. The design of the Structures will be subject to review and approval by the City. The Directory Structures will be located at sites selected by the City in coordination with the successful Bidder. The successful Bidder will pay a rental fee to the City per location as well a portion of the advertising revenues, assume responsibility for the continuing updating of the data for the directory and location maps at least 6 times per year, as well as undertaking frequent physical maintenance of each structure itself. In addition, cross street block numbers and street name signs need to be installed at corners throughout the pedestrian mall. The proposer would be responsible to construct and install these signs according to City specifications. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued April 13, 2000 Deadline for receipt of questions May 9, 2000 Pre- Proposal Conference April 28, 2000 at 10:00 a.m. Deadline for receipt of proposals May 19,2000 at 3:00 p.m. Evaluation committee meeting week of June 19,2000 Commission approval and authorization of negotiations July 12.2000 Contract negotiations July 19,2000 Projected award date July 26,2000 Projected contract start date August 1, 2000 C. PROPOSAL SUBMISSION An original and 10 copies of complete proposal must be received by May 19,2000 at 3:00 p.m. and will be opened on that day at that time. The original and all copies must be RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 4 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 An optional Pre-Proposal Conference is scheduled for 10:00 a.m, on April 28, 2000, in the First Floor Conference Room, Miami Beach City Hal!, 1700 Convention Center Drive, Miami Beach, FL 33139 E. CONTACT PERSON/ADDITIONAL INFORMA TION/ ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. 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. F. PROPOSAL GUARANTY All proposals must be accompanied by a proposal guaranty, payable to the City of Miami Beach, in the form ofa Cashier's Check in the amount of$500.00. Failure by a proposer to honor its proposal or to submit any required insurance or performance bond, within the time stated, shall cause the proposal guaranty submitted to be forfeited. Any proposal which is not accompanied by the required.proposal guaranty shall be considered non-responsive and ineligible for award. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 5 Proposal guaranty will be returned to the successful proposer upon approval of the required insurance certificates or bonds. Guaranties submitted by other than the successful proposer will be returned after award of contract. G. MODIFICATIONIWITHDRA 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 one-hundred twenty (120) calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 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 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 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, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 6 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. 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; RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 7 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. S. PROPOSER'S RESPONSIBILITY Before submitting a response, 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 proposers 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 ofthe 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 RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 8 CATEGORY TWO for a period of 36 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, ifheld, 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. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 9 SECTION II - SCOPE OF SERVICES Proposer Will: Design, fabricate and install a minimum of ten (10) Directory Structures at designated locations in the right-of-way of Lincoln Road, a street on which vehicular traffic is prohibited. The Directory Structures are to incorporate design concepts and color themes provided by the City. All such structures will be required to comply with all pertinent building codes. Install the Directory Structures at the locations approved by the City: 10 Structure locations to be identified initially, with additional locations that may be designated by the City or by the Proposer, who can request the City to consider additional locations on similar terms. Proposer to provide their own electric services, if required, or pay the costs of connection to City power sources. Proposers who can power the Structures using solar energy will be considered favorably. If conduit is required for power connection, a spare conduit shall be installed so that the structures may be upgraded to perform additional functions without major reconstruction when additional technology is made available. Obtain all required permits, and obey all laws and regulations. Place an updated directory in each structure a minimum of six times per year. Inspect and clean the interior and exterior surfaces as needed, but no less often than twice per month. Pay to the City an annual rent payment per location, payable to the City on October 1 st of each year. Provide a reserved number of advertising faces per year for use by non-profit organizations, approved by the City. Proposer to specify how many faces per month and/or per year which may be available to be used for this purpose. Pay to the City a share of advertising revenues as a percentage of total gross annual advertising revenue. Provide the City with an annual accounting of all advertising revenues generated by the directory structures, certified by an independent Certified Professional Accountant (CPA). Fabricate and install street signs and block number signs at ten (10) intersections along Lincoln Road, utilizing design themes and color schemes provided by the City. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 10 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 amounts which will be paid to the City, actual and estimated. 3. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 4. Any other document required by this RFP. such as a Questionnaire or Proposal Guaranty. B. MINIMUM QUALIFICATION REQUIREMENTS Each firm interested in responding to this Request for Proposals must provide the following information. Proposals that do not respond completely to all requirements may be considered non- responsive and eliminated from the process. 1. Firm's Experience: Indicate the firm's number of years of experience in participating in business area(s) relevant to this proposal. 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual(s) who will be selected to serve as the project managers for the project. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 11 3. Previous Similar Projects: A list of similar projects must be submitted. Information should include: * Client Name, address, contact phone number. * Description of project. * Year the project was completed. * Total cost of fees paid to client * Total cost of the construction, estimated and actual. 4. Previous/Current Projects for the City of Miami Beach: List any projects that have been completed or are currently under contract for the City of Miami Beach. Information should include: * Client Name, address, phone number. * Description of work. * Year the project was completed, if complete. * Total cost of fees paid to firm. * Total cost of the construction, estimated and actual. 5. Qualifications of Project Team: List the members of the project team. Provide a list of the personnel to be used on the project and their qualifications. A resume including education, experience, licenses and any other pertinent information shall be included for each team member, including subcontractors to be assigned to each project. 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. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 12 Proposals will be evaluated on the basis of the following criteria: * The proposed amount of the annual rent payment offered the City. The percentage of gross revenues to be paid to the City, converted to estimated annual revenue in dollars. The frequency of maintenance proposed to include cleaning and replacement of parts as necessary. The frequency of updating and correcting the director list/map The use of solar power or other technology which makes the units as unobtrusive as possible. Company experience with similar arrangements in other locations. Results of checking references. Size of local staff available to service the needs of Miami Beach. * * * * * * * 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. Ifthe 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. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 13 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. RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 14 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 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. 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. I. 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 $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as additional insured on policy. 2. Professional Liability (Errors and Omissions). Minimum of$l,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. RFP NO.: 88-99/00 DATE; April 13, 2000 CITY OF MIAMI BEACH 15 F AlLURE TO PROCURE INSURANCE: The successful proposer's failure to procure or maintain the required insurance shall constitute a material breach of the proposed Agreement, giving the City the right to terminate the proposed Agreement. SECTION VII - ATTACHMENTS 1. Miami Beach Ordinance No. 99-3164, "Cone of Silence" 2. Miami Beach Lobbyist Ordinance No. 92-2785. 3. Miami Beach Ordinance No. 2000-3234, "Debarment" RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 16 SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 1. Proposer Information 2. Acknowledgment of Addenda 3. Declaration 4. Questionnaire RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 17 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 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 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.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 18 REQUEST FOR PROPOSALS NO. 88-99/00 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 member Date (Proposer - Name) (Date) (Signature) RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 19 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. 88-99/00 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 20 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If Foreign 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: RFP NO.: 88-99/00 DATE; April 13, 2000 QUESTIONNAIRE CITY OF MIAMI BEACH 21 Questionnaire (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. N umber 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.: 88-99/00 DATE; April 13, 2000 CITY OF MIAMI BEACH 22 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 ofthe 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.: 88-99/00 DATE; April 13, 2000 CITY OF MIAMI BEACH 23 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. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. RFP NO.: 88-99/00 DATE; April 13, 2000 CITY OF MIAMI BEACH 24 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 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 (CORPORA TE SEAL) RFP NO.: 88-99/00 DATE: April 13, 2000 CITY OF MIAMI BEACH 25 C I T Y OF M I A M I B E A C H CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\ci. miami-beach. fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 2'12 -Ob Mayor Neisen O. Kasdin and Members of the City Commission Lawrence Levy \~/ City Manager ~ DATE: April 12, 2000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) NO. 88-99/00 FOR INTERESTED COMP ANIES TO F ABRICA TE, INST ALL AND OPERATE, FOR A PERIOD OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS AT THE CITY'S DISCRETION, A MINIMUM OF TEN (10) DIRECTORY STRUCTURES IN THE RIGHT-OF-WAY ON LINCOLN ROAD, FOR THE PURPOSE OF PROVIDING WAY-FINDING INFORMATION TO VISITORS TO THE AREA AND TO PROVIDE AND INSTALL STREET NAME AND BLOCK NUMBER SIGNS AT TEN (10) INTERSECTIONS ALONG LINCOLN ROAD. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS The Lincoln Road streetscape renovation project included the provision of street signage as part of the original scope of work. This element of the project was never completed. The property owners and merchants of Lincoln Road are anxious to correct this and aggrieved that visitors to the area have difficulty navigating the Lincoln Road area as a result of the absence of signage. The property owners are paying a portion of the assessment for capital improvements on Lincoln Road, and improved signage has been promised to them since the planning phase of the project. In recognition of this, and to expedite the design of the signage, the City Commission authorized an amendment to the Convention Center signage contract with Tom Graboski and Associates, Inc. to include the design of signage for Lincoln Road. That signage program has been refined through several Land Use and Development Committee meetings (March 13 and March 21,2000). At these meetings the Land Use and Development Committee discussed a comprehensive signage program for Lincoln Road, including street signage and directory structures and the use of advertising to offset associated costs. (See Land Use Report, Item R-6-A) Furthermore, the Committee directed that an RFP be prepared for issuance at the April 12, 2000 City Commission meeting. AGENDA ITEM~ DATE~ F:\WORK\$ALL\CAHILINCROADlLINC _ RFP.MEM Accordingly, the Administration has prepared a Request for Proposals to seek responses from display advertising companies to assist with the implementation of the signage program developed for Lincoln Road, including street signs, block number signs and directory structures. As is done in shopping areas all over the country, the proposed directory structures would include a locator map, updated regularly to provide the names and locations of businesses and shops in the area. To pay the cost of building and installing the structures, and to provide an on-going source of revenue for the maintenance of the physical structures, as well as the recurring cost of updating information, it has been suggested that the directory structures include space for paid advertisements that meet City established criteria. The Administration believes that it is impractical for the City to assume the operation and maintenance of these structures when there are private firms that specialize in these types of operations. Therefore it is recommended that the RFP be issued to include the following: Within and near Lincoln Road there is a need for approximately 10 free-standing directory structures, located as follows: West end of 1100 Block of Lincoln Road near the theater, at Alton Road West end of 1000 Block in front of Colony Theater, at Lenox Avenue West end of 900 Block, at Michigan Avenue West end of 800 Block, at Jefferson A venue West end of 700 Block, at Meridian Avenue In the center of the long block at Euclid A venue East end of600 Block, at Pennsylvania Avenue East end of 500 Block, at Drexel A venue East end of 400 Block, at Washington Avenue On the Southwest corner of Collins A venue at Lincoln Road As proposed, the directory structures would be three-sided, with an area map and a directory of stores and near-by locations on one side, with the other two faces available for rental as advertising space. The structures need to be illuminated for easy night visibility. If the directories are to become a successful addition to Lincoln Road, two issues must be addressed: first, routine maintenance and regular revision of the list of ground floor tenants and restaurants in the area must occur, so that the map can be updated and replaced frequently, and second, the physical maintenance of the structures, including regular cleaning and changing light bulbs, as well as removal of any illegal signs, posters or graffiti, etc. must be established. It is recommended that the City issue the attached Request for Proposals (RFP) to interested firms for the construction, operation and maintenance of the proposed directory structures. The selected firm would pay a rental fee to the City per location, and pay for the fabrication, installation, operation and maintenance of the directory structures. The successful firm would assume responsibility for regularly correcting the data for the directory and location maps a minimum of six (6) times per year, as well as the regular physical maintenance of the directory structures after installation, the selected firm will also fabricate and install street signage and block numbers signs according to specifications of the City. These signs will provide cross street information which F:\WORK\$ALL\CAHlLlNCROADILINC _ RFP.MEM heretofore has been missing from Lincoln Road and makes it difficult for visitors to identify where they are. The attached Request for Proposals is designed to solicit responses from advertising companies who desire to enter into a contract with the City. This contract will provide that they pay the cost of initial construction and installation of the structures, as well as offer rental revenue to the City on an annual basis, combined with revenue based on a percentage of advertising fees collected. The City could then appropriate a portion of that advertising revenue to Lincoln Road Marketing, Inc., the not-for-profit corporation established to market the Lincoln Road area. In addition, the City would like to see the selected proposer provide some advertising space at reduced or at no cost for arts and cultural organizations in lieu of some portion of the revenue collected. As written, the RFP will provide that the selected firm agree to provide appropriate limitations on the types of advertisements to be displayed on the directories to exclude advertisements for: alcoholic beverages, tobacco, firearms, political causes, any illegal products or services, as well as any image which would be considered obscene, immoral, or offensive to a majority or a substantial minority of the community. It is recommended that the Commission adopt the accompanying Resolution approving and authorizing the issuance of a Request for Proposals for interested companies to construct and operate for a period of five (5) Years, with an option for the City to extend the arrangement for an additional five years, a minimum of ten (10) directory structures in the right -of-way of Lincoln Road for the purpose of providing way-finding information to visitors to the area. Said directory structures may contain advertising images. In addition, the RFP requires that the proposer will provide and install street name and block number signs as specified by the City, so that visitors may clearly identify the blocks and cross streets of Lincoln Road. LAL:MDB:Ws:Clr' Attachments F:\WORK\$ALL\CAH\LINCROAD\LINC _ RFP.MEM