2000-24006 RESO
RESOLUTION NO. 2000-24006
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.
116-99/00 FOR THE DESIGN AND RE-INSTALLATION OF THE BASS
MUSEUM EXHIBITIONS AND TO MANUFACTURE ALL PEDESTALS,
VITRINES, ARCHITECTURAL NICHES AND )\fOUNTS REQUIRED FOR
THIS INSTALLATION,
WHEREAS, the presentation and exhibition of works of art is a fundamental part
of its mission; and
WHEREAS, works of art must be re-installed in a manner to properly protect them
in the Musewn's new facility; and
WHEREAS, the Administration desires to contract with a qualified and highly
experienced installation designer for the re-installation of said works of .art; and
WHEREAS, the Administration has drafted a Request for Proposals for providing
the said services and set a tentative date of August 18, 2000, as the deadline for receipt of proposals.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein authorizes the Administration to issue Request for Proposals (RFP) No. 116-
99/00, for the design and re-installation of the Bass Musewn exhibitions and to manufacture all
pedestals, vitrines and architectural niches required for this installation.
.
PASSED and ADOPTED this 26th day ofJuly, 2000
~t4
MAYOR
ATT~}- PaA~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
LALIMDB~
7-r:.--CM
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.U8
COMMISSION MEMORANDUM NO. S-'i?S - CO
TO:
Mayor Neisen O. Kasdin and DATE: July 26, 2000
Members of the City Commission
Lawrence~A. Lev); ~
City Manag
A Resoluf of the Mayor and City Commission of the City of Miami Beach,
Florida, Authorizing the Administration to Issue Request for Proposals (RFP)
No. 116-99/00 for the Design and Re-Installation of the Bass Museum
Exhibitions and to Manufacture all Pedestals, Vitrines, Architectural Niches,
and Mounts Required for this Installation.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAl, YSIS
The Bass Museum of Art permanent collection and temporary exhibitions are represented by Old
Master and Contemporary paintings, sculpture and design from the 14th to 21st centuries which
require specially-designed pedestals with and without vitrines and architectural niches to provide
the necessary level of protection when they are on display.
The Administration has drafted the attached Request for Proposal (RFP) to solicit proposals from
qualified and experienced exhibition installation designers for the design of exhibitions and
manufacture of pedestals, vitrines and architectural niches. The designer will work closely with
Museum staff while designing the layout, pedestals and niches and will supply the materials, labor,
equipment and hardware necessary for their construction. He (she) will submit detailed drawings for
installations with the design and fabrication of these installation mounts to be approved by the
Museum staff. The designer will also be responsible for hiring and supervising the carpenters,
glazers, painters and other laborers required; transporting and installing the pedestals, vitrines and
niches under supervision of Museum staff.
It is the Administration's recommendation for the City Commission to adopt the Resolution.
LAL:~:DC:G () ~
Attachment ~
AGENDA ITEM Cl G
DATE :J - 2.G:. -0)
RESOLUTION NO.
CITY OF MIAMI BEACH
RFP NO, 116-99/00
REQUEST FOR PROPOSALS FOR
THE DESIGN AND RE-INSTALLATION OF THE BASS MUSEUM EXHIBITIONS AND
TO MANUFACTURE ALL PEDESTALS, VITRlNES, ARCHITECTURAL NICHES,
AND MOUNTS REQUIRED FOR THIS INSTALLATION
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 A,M.
ON AUGUST 4,2000, AT THE BASS MUSEUM, LOCATED
AT 2121 P ARK AVENUE, MIAMI BEACH, FLORIDA.
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN AUGUST 18,2000 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.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
1
CITY OF MIAMI BEACH
RFP NO. 116-99/00
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 the 18th of August 2000
for:
THE DESIGN AND RE-INSTALLATION OF THE BASS MUSEUM EXHIBITIONS AND
TO MANUFACTURE ALL PEDESTALS, VITRlNES, ARCHITECTURAL NICHES,
AND MOUNTS REQUIRED FOR THIS INSTALLATION
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 Non-Mandatory Pre-Proposal Conference is scheduled for August 4, 2000, at 10:00 A,M.,
at the Bass Museum,
You are hereby advised that this RFP is subject to the "Cone of Silence, " in accordance with
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 du1y noticed public meeting, public presentations made
to the City Commission during any duly noticed public meeting, contract negotiaions with the staff
following the award of an RFP, RFQ, RFLl, oc 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 parlicu1ar bidder or proposer shall render any RFP award, RFQ
award, RFLl award, or bid award to said bidder or proposer void, and said bidder or proposer shall
not be considered for any RFP, RFQ, RFLl 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
Gus Lopez, CPPO
Procurement Director
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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TABLE OF CONTENTS
Pal!:e
I, OVERVIEW AND PROPOSAL PROCEDURES 4-9
II, SCOPE OF SERVICES 10
III, PROPOSAL FORMAT 11
IV, EV ALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 12-13
V, GENERAL PROVISIONS 14-15
VI, SPECIAL TERMS AND CONDITIONS 16
VII. ATTACHMENTS 17
VIII, PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED 18
TO CITY
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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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 Old Master paintings,
sculpture and decorative arts donated by John and Johanna Bass when the Museum was founded in
1963. Since then, the Museum has acquired many important examples of contemporary painting and
sculpture. All of these permanent collection works dating from the 14th century to the present
require specially-designed pedestals with and without vitrines and architectural niches to display
them. Pedestals, vitrines and niches used in the past have been destroyed by water leaks in the
Museum's off-site storage room in the old pump room of the Miami Beach Convention Center.
The City of Miami Beach is requesting proposals from qualified and experienced exhibition
installation designers for the design of gallery installations, manufacture and installation of
pedestals, vitrines and architectural niches. The designer will work closely with Museum staff while
designing these pedestals and niches and will supply the materials, labor, equipment and hardware
necessary for their construction.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
July 28,2000
Deadline for receipt of questions
August 8, 2000 at 5:00 p.m.
Pre-Proposal Conference
August 4,2000, at 10:00 a.m.
Deadline for receipt of proposals
August 18,2000, at 3:00 p,m.
Evaluation committee meeting
Week of August 21, 2000
Commission approval and authorization
of negotiations
September 12,2000
Contract negotiations
September 15, 2000
Projected award date
September 26, 2000
Projected contract start date
October 1,2000
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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C. PROPOSAL SUBMISSION
An original and seven (7) copies of complete proposal must be received by August 18, 2000
at 3:00 p.rn. and will be opened on that day at that time. The original and all copies must be
submitted to the Procurement Division in a sealed envelope or container stating on the
outside the proposer's name, address, telephone number, RFP number and title, and proposal
due date.
The responsibility for submitting a response to this RFP to the Procurement Division on or
before the stated time and date will be solely and strictly that of the proposer. The City will
in no way be responsible for delays caused by the U.S. Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time will not
be accepted and will not be considered.
D. PRE-PROPOSAL CONFERENCE
A Non-Mandatory Pre-Proposal Conference is scheduledfor August 4, 2000 at 10:00 a.rn.
at the Bass Museum, located at 2121 Park Avenue, Miami Beach, Florida.
E. CONTACT PERSON/ADDITIONAL INFORMATION/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
NONE REQUIRED
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DATE: 7/26/00
CITY OF MIAMI BEACH
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G, MODIFICATIONIWITHDRAWALS 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/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in this RFP or in any proposals received as a result of this RFP.
I, COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any
work performed in connection therewith, shall be the sole responsibility of the proposer(s)
and not be reimbursed by the City.
J, VENDOR APPLICATION
Prospective proposers should register with the DemandStar.com (the City's Vendor Database
Management firm); this will facilitate the receipt offuture notices of solicitations when they
are issued. Potential proposers may contact DemandStar.com at (800) 711-1712 orregister
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
require the proposer to furnish the services or goods originally described, or negotiate an
alternative acceptable to the City.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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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 restn'es
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 10ca1laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer
will in no way relieve it from responsibility for compliance.
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commission,
or untimely withdrawal of a proposal before such award is made and approved, may result
in forfeiture of that portion of any proposal surety required as liquidated damages to the City;
where surety is not required, such failure may result in a claim for damages by the City and
may be grounds for removing the proposer from the City's vendor list.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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Q, CONFLICT OF INTEREST
All proposers must disclose with their proposal the name(s) of any officer, director, agent,
or immediate family member (spouse, parent, sibling, child) who is also an employee of the
City of Miami Beach. Further, all proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
proposer or any of its affiliates.
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. Ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will not relieve the successful proposer from any obligation
to comply with every detail and with all provisions and requirements of the contract
documents, or will be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered to be
an independent contractor and that neither the proposer nor the proposer's employees and
agents shall, under any circumstances, be considered employees or agents of the City.
T, PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity , and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CA TEOOR Y TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
U. 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.
RFP NO.: 116-99/00
DATE: 71'1.6100
CITY OF MIAMI BEACH
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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 du1y noticed
public meeting, public presentations made to the City Commission during any du1y 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
particu1ar 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.
W. DEBARMENT ORDINANCE
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance
No. 2000-3234 (The City's Debarment Ordinance). Bidders are strongly advised to review
the City's Debarment Ordinance. Debarment may constitute grounds for termination of the
contract as well as disqualification from consideration on any City of Miami Beach RFP,
RFQ, RFLI, or bid.
X. CODE OF BUSINESS ETHICS
Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with
the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the
Procurement Division with your bid/proposal or within five days upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with
all applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provision of the City Code.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
9
SECTION II - SCOPE OF SERVICES
The objective of this project is to re-install old and new acquisitions and exhibitions providing the
necessary level of protection by placing sculptures on pedestals, delicately-constructed paintings
within wall niches, and decorative art objects under vitrines. Services to be provided include
submitting detailed drawings for the design of exhibitions, fabrication of installation fixtures,
furnishings and mounts; supervising hourly carpenters, glazers, painters and other laborers required;
transporting and installing the pedestals, vitrines and niches under supervision of Museum staff.
This work is to be performed both off and on-site and the proposer must have an appropriate facility
for this kind of construction. 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. The Bass Museum Director must
approve the final product(s) before the project is considered complete. The work must be completed
according to mutually agreed-upon contract specifications or it will have to done over.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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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 reauired bv this RFP, such as a Ouestionnaire or Proposal
Guaranty .
B, MINIMUM REQUIREMENTS I QUALIFICATIONS:
I. Proposer must have completed similar work for a South Florida art museum and be
able to provide a reference from said museum.
2. Proposer must show proof in the form of photographs, videotapes, etc. of their ability
to design and fabricate similar installations.
3. Location of the proposer's facility where fabrication will be performed must not be
outside South Florida.
4. Proposer must be able to complete this project during the October 1 - January
1,2001 time frame.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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SECTION IV - EV ALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the following factors:
a, Level of experience of the proposer as it specifically relates to this project,
b. Number of experienced staff to be employed by proposer,
c, Location of the proposer's facility where the fabrication is to be completed.
d, Ability ofthe proposer to complete the project within the required time frame,
e, Quality and number of references.
f. Quality of work exhibited in photographs, videotapes, etc.
g, Quality and size ofthe proposer's facility insofar as it may affect the proposer's
ability to complete this project in a timely and efficient manner.
h. Price (Total),
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.
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DATE: 7/26/00
CITY OF MIAMI BEACH
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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 negotiat:
a contract with a proposer other than the top-ranked proposer if the negotiations with the top-
ranked proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has (or have) done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
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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 hannless
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
Iftbrough any cause within the reasonable control of the successful proposer, it shall
fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon have
the right to terminate the services then remaining to be performed by giving written
notice to the successful proposer of such termination which shall become effective
upon receipt by the successful proposer of the written termination notice.
In that event, the City shall compensate the successful proposer in accordance with
the Agreement for all services performed by the proposer prior to termination, net of
any costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful proposer shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the
Agreement by the proposer, and the City may reasonably withhold payments to the
successful proposer for the purposes of set off until such time as the exact amount of
damages due the City from the successful proposer is determined.
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DATE: 7/26/00
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful proposer
of such termination, which shall become effective thirty (30) days following receipt
by proposer of such notice. In that event, all finished or unfinished documents and
other materials shall be properly delivered to the City. If the Agreement is terminated
by the City as provided in this section, the City shall compensate the successful
proposer in accordance with the Agreement for all services actually performed by tre
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 tre
successful proposer upon a termination as provided for in this section.
RFP NO.: 116-99/00
DATE: 7/26/00
CITY OF MIAMI BEACH
IS
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 $1,000,000. Coverage shall be provided on an
occurrence basis. The City of Miami Beach must be named as additional insured on policy.
2. Professional Liability (Errors and Omissions), Minimwn of$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 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.
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CITY OF MIAMI BEACH
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SECTION VII - ATTACHMENTS
1. CONE OF SILENCE, ORDINANCE NO. 99-3164.
2, CODE OF BUSINESS ETHICS, RESOLUTION NO, 2000-23879.
3, CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234,
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CITY OF MIAMI BEACH
17
SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
PROPOSER INFORMATION
ACKNOWLEDGMENT OF ADDENDA
FEE PROPOSAL FORM
DECLARATION
QUESTIONNAIRE
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CITY OF MIAMI BEACH
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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 ofthe 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)
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CITY OF MIAMI BEACH
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REQUEST FOR PROPOSALS NO, 116-99/00
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. I, 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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DATE: 7/26/00
CITY OF MIAMI BEACH
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FEE PROPOSAL FORM
This proposal shall include the total price for the services requested, as follows:
A. The Design and Re-installation of the Bass Museum Exhibitions and to Manufacture all
Pedestals, Vitrines, Architectural Niches, and Mounts required for this Installation.
$
PROPOSER'S NAME:
SIGNATURE:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
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DATE: 7/26/00
CITY OF MIAMI BEACH
21
DECLARATION
TO: Lawrence A. Levy
City Manager
City of Miami Beach, Florida
Submitted this
day of
,2000.
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. 116-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
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CITY OF MIAMI BEACH
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Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Como ration. answer this:
When Incorporated:
In what State:
IfForeim Comoration:
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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QUESTIONNAIRE
CITY OF MIAMI BEACH
23
Ouestionnaire (continued)
If a Partnershin:
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 ofits 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:
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CITY OF MIAMI BEACH
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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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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 ofinterest, 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,
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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 relatiJg
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:
Secretary
(CORPORATE SEAL)
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DATE: 7/26/00
CITY OF MIAMI BEACH
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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 action, 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.
Departtnental personnel means the city manager, all assistant city managers, all departtnent heads, the city attorney, chief deputy
city attorney and all assistant city attorneys; however, all departtnental 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 anypersonnel defmed 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 inchdes 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, attomey, officer or employee.
Quasi-judicial personnel means the members of the planning board, the boardof adjustment and such other boards and agencies
of the city that perform such quasi-judicial functions. The nuisance abatement board, special masterhearings and administrative
hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, ~~ 1,2,3-4-92; Ord. No. 92-2785, ~~ 1,2,6-17-92)
Cross reference(s)--Defmitions generally, ~ 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
(I) 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.
(b) Any change to any information originallyfiled, 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.
<!;l) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identifed.
Without limiting the foregoing, the lobbyist shall also ideItifY 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 rot limited to a specific description where applicable
of a pending request for a proposal, invitation to bid, or public hearing number. The city clerkshall reject any
registration statement not providing a description of the specific issue on which such lobbyst has been employed
to lobby.
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CITY OF MIAMI BEACH
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(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal.
(I) In addition to the registration fee required in subsection (a) of this section, registration ofalllobbyists shall be
required prior to October I 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 (I) of this section shall be deposited by the clerk intoa
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 fmding of fmancial hardSlip, based upon a swom 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, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92)
Sec. 2-483. Exceptions to registration.
(a) 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.
(b) Any person who only appears in his individual capacity at a public heaing before the city commission, planning
board, board of adjustment, or other board or committee and has no other communication with the personnel defmed 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 neighborhood associations. All speakers shall, however, sign up
on forms available at the public hearing. Additionally, any person requested to appear before anycity personnel, board
or commission, or any person compelled to answer for or appealing a code violation, a misance abatement board hearing,
a special master hearing or an administrative hearing shall not be required to register, nor shill any agent, attomey, 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, andthe offices of the city attorney, shall maintain
signed sign-in logs for all noncity employees or personnel Dr registration when they meet with any personnel as
defmed in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485.
List of expenditures.
(a) On October I 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.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filedAlllogs
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.
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CITY OF MlAMI BEACH
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<I:J All members of the city commission and all city personnel shall be diligent to ascertainwhether 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 hbbied by a person who is not registered pursuant to this
section to lobby the commissioner or the relevant committee, board or city personnel.
(d) The city attomey shall investigate any persons engaged in lobbyhg activities who are reported to be in violation
of this division. The city attomey shall report the results of the investi!lltion to the city commission. Any alleged
violator shall also receive the results of any investigation and shall have the opportunity to rebut the fmdings, 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, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 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.
(I) Definition. "Cone of silence" is hereby defmed to mean a prohibition on: (a) any communication regardinga
particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest
("RFU"), 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 commissionCII, or their respective staffs,
and any member of the city's professional staff including, but not limited to, the city mllBger 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 attomey and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, andbid 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 manage
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 canmunications at pre-bid conferences, oral
presentations before evaluation committees, contract discussbns during any duly noticed public meeting, public
presentations made to the city commissioners during any duly noticed pullic meeting, contract negotiations with
city 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 by the applicable RFP, RFQ, RFU, 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 persompon request.
(b) Audit contracts.
(I) "Cone of silence" is hereby defmed to mean a prohibition on: (a) any communicationsregarding a particular RFP,
RFQ, RFU, 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 manager 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 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 attomey 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 orhis 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 th: 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; (il) from engag~ in contract
discussions during any duly noticed public meeting; (Hi) from engaging in contract negotiations with city staff
following the award of an RFP, RFQ, RFU, or bid for audit by the city commission; or (i\j from communicating
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in writing with any city employee or official for purposes of seeking clarification or additional infonnation from
the city or responding to the city's request for clarification <r additional infonnation, subject to the provisions of
the applicable RFP, RFQ, RFLl, 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 availableto 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 ontract.
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, RFLl
award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFo,
RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violatesa
provision of this division shall be prohibited from serving on a city evaluation cornnittee. In addition to any other penalty
provided by law, violation of any provision of this division by a city emJloyee shall subject said employee to disciplinary
action up to and including dismissal. Additionally, any pelSon who has personal knowledge ofa 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, ~ I, 1-6-99)
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CITY OF MIAMI BEACH
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED
"PROCUREMENT", BY CREATING IlVISION 5, ENTITLED "DEBARMENT", SECTIONS
2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled-
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397 Purpose of debarment.
(a) The City shall solicit offers from. award contracts to, and consent to subcontractors with
responsible contractors onlv: To effectuate this police. the debarment of contractors from City
work mav be undertaken.
(b) The serious nature of debarment reauires that this sanction be imposed onlv when it is in
the public interest for the City's protection. and not for purposes of punishment. Debarment
shall be imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(a)Affiliafes. Business concerns. organizations, lobbvists or other individuals are affiliates of
each other if. directlv or indirectlv. (l) either one controls or has the power to control the other,
or (m a third part controls or has the power to control both. Indicia of control include, but are
not limited to. a fiduciary relation which results from the manifestation of consent by one
individual to another that the other shall act on his behalf and subiect to his control. and
consent by the other so to act: interlocking management or ownership: identity of interests
among familv members: shared facilities and eauipment: common use of emplovees: or a
business entity organized bv a debarred entity. indiyidual, or affiliate following debarment ofa
contractor that has the same or similar management. ownership. or principal employees as the
contractor that was debarred or suspended.
(h) Civil iudr!ment means a iudgment or finding of a civil offense bv any court of
comoetent iurisdiction.
i!;I Contractor means anv individual or other legal entity that:
(I) Directly or indirectlv (e.g:. through an affiliate). submits
offers for is awarded.. or reasonablv may be exoected to submit offers or be awarded a City
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CITY OF MIAMI BEACH
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contract. including. but not limited to vendors. suooliers. oroviders, bidders. orooosers,
consultants, and/or design orofessionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City as
an agent.. reoresentative or subcontractor of another contractor.
(d) Conviction means a iudgement or conviction of a criminal offense. be it a felonv or
misdemeanor. bv anv court of comoetent jurisdiction. whether entered uoon a verdict ora
plea. and includes a conviction entered upon a olea of nolo contendere
(el Debarment means action taken bv the Debarment Committee to exclude a contractor
(and. in limited instances soecified in this ordinance. a bidder or oroooser from City
contracting and City aooroved subcontracting for a reasonable. soecified oeriod asorovided
in subsection (j) below: a contractor so excluded is debarred.
(j) Debarment Committee means a lITOUO of seven (7) individual members, each aooointed
bv the Mavor and individual City Commissioners, to evaluate and. if warranted. to impose
debarment.
(g) l'l wu"'.:~, al"~ Greater weillht of the evidence means Droof by information that.
comDared with that oDDosinll it .leads to the conclusion that the fact at issue is more
Drobably true than not.
(h) Indictment rneans indictment for a criminal offense. An information or other filing bv
com Detent authority chargjng a criminal offense shall be Iltiven the same effect as an
indictment.
(I) Lellal Droceedinll means anv civil judicial oroceeding to which the City is a Darty or any
criminal oroceeding. The term includes appeals from such oroceedings.
OJ List of debarred contractors means a list comoiled. maintained and distributed bv the
Citys Procurement Office. containing the names of contractors debarred under the
procedures of this ordinance.
Section 2-399 List Of debarred contractors.
(a) The Citv's Procurement Office. is the allencv charlledwith the imDlementation of this
ordinance shall:
(1 I ComDile and maintain a current. consolidated list (List) of all contractors debarred by Citv
deDartments. Such List shall be Dublic record and shall be available for DubUc insoection and
dissemination:
(2 I Periodically revise and distribute the List and issue sUDDlements. if necessarY. to all
departments. to the Office of the City Manaller and to the Mavor and City Commissioners: and
(3 I Included in the List shall be the name and teleDhone number of the Citv official responsible for
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CITY OF MIAMI BEACH
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its maintenance and distribution.
(b) The List shall indicate:
(]) The names and addresses of all contractors debarred. in alphabetical order:
(2) The name of the department that recommends initiation of the debarment action:
(3) The cause for the debarment action. as is further described herein. or other statutorv or
rellUlatorv authority:
(4) The effect of the debarment action:
(5) The termination date for each listinl{:
(6) The contractor's certificate of comlJetence or license number. when applicable:
(7) The person throuf!h whom the contractor is qualified. when applicable:
(8) The name and telephone number of the point of contact in the department recommendinf! the
debarment action.
~ The City's Procurement Office shall:
(] ) In accordance with internal retention procedures. maintain records relatin!! to each
debarment:
(2) Establish procedures to provide for the effective use of the List. includin!! internal
distribution thereof to ensure that departments do not solicit offers from. award contracts to. or
consent to subcontracts with contractors on the List: and
(3) Respond to inauiries concernin!! listed. contractors and coordinate such responses with the
department that recommended the action.
Section 2-400 Effect of debarment.
(a) Debarred contractors are excluded from receivinf! contracts. and departments shall not
solicit offers from. award contracts to. or consent to subcontracts with these contractors. unless
the City Mana!!er determines that an emer!!encv exists iustifvinf! such action. and obtains
approval from the Mavor and City Commission. which approval shall be !!iven bv 5/7ths vote of
the City Commission at a rellUlarlv scheduled City Commission meetin!!. Debarred contractors
are also excluded from conductinf! business with the City as a!!ents. representatives
subcontractors or
partners of other contractors.
(b) Debarred contractors are excluded from actin!! as individual sureties.
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Section 2-401 Continuation of current contracts.
(a) Commencinf! on the effective date of this ordinance. all vrovosed City contracts. as well as
ReQuest for Provosals (RFP). ReQuest for Oualifications (RFOJ. ReQuests for Letters of Interest
(RFLl). or bids issued be the City. shall incomorate this ordinance and svecifV that debarment
mav constitute !!rounds for termination of the contract as well as disQualification from
consideration on anY RFP. RFO. RFLL or bid.
(h) The debarment shall take effect in accordance with the notice vrovided bv the City Manal!er
vursuant to subsection 2-405(h) below. excevt that if a City devartment has contracts or
subcontracts in existence at the time the contractor was debarred. the debarment veriod mav
commence uvon the conclusion of the contract. subiect to avvroval of same be 5/7ths vote of the
Mavor and City Commission at a reflUlarlv scheduled meetinl!.
~ City devartments may not renew or otherwise extend the duration of current contracts. or
consent to subcontracts with debarred contractors. unless the City Manal!er determines that an
emerf!encv exists iustifVinl! the renewal or extension or for an avvroved extension due to delav
or time extension for reasons beyond the contractor's control. and such action is avvroved by
5/7ths vote of the Mayor and City Commission at a reflUlarly scheduled. meetinll.
(d) No further work shall be awarded to a debarred contractor in connection with a continuinf!
contract. where the work is divided into sevarate discrete I!rouvs and the City's refusal or denial
of further work under the contract will not result in a breach of such contract.
Section 2-402 Restrictions on subcontractinr:.
(a) When a debarred contractor is vrovosed as a subcontrac'or for anY subcontract subiect to
City avvroval. the devartment shall not consent to subcontracts with such contractors unless the
City Manaf!er determines that an emerl!ency exists iustifVinl! such consent. and the Mavor and
City Commission avvroves such decision, bv 5/7ths vote. at a reflUlarly scheduled meetinf!.
(h) The City shall not be resvonsible for any increases in vroiect costs or other exvenses incurred
by a contractor as a result of reiection of vrovosed subcontractors vursuant to subsection 2-
402(a) above. vrovided the subcontractor was debarred vrior to bid oveninl! or oveninf! of
vrovosals. where the contract was awarded be the City vursuant to an RFP. RFO. RFLL or bid.
Section 2-403 Debarment.
(a) The Debarment Committee mav. in the vublic interest. debar a contractor for anY of the
causes listed in this ordinance. usinf! the vrocedures outlined below. The existence of a cause for
debarment. however. does not necessarily require that the contractor be debarred: the
seriousness of the contractor's acts or omissions and any mitil!atinf! factors should be
considered in makinl! any debarment decision.
(h) Debarment constitutes debarment of all officers, directors. shareholders owninl! or
controllinl! twenty-five (25) vercent of the stock. vartners. divisions or other orl!anizational
elements of the debarred contractor. unless the debarred decision is limited by its terms to
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svecific divisions. orllanizational elements or commodities. The Debarment Commit/ee's
decision includes any existinll affiliates of the contractor. if they are (J) svecificallv named and
(ii) Iliven writ/en notice of the vrovosed debarment and an ovvortunitv to resvond. F ..I..,.
uffiliuir;J v{the IvVllbadt" Ult:- "ub;r;d Iv lIlIi; Dehu""e,u Cum",;ii~r;'" u'r;"",;,,;vII.
~ A contractor's debarment shall be effective throullhout City Government.
Section 2-404 Causes for debarment
(a) The Debarment Commit/ee shall debar a contractor for a conviction or civil iudf!ment.
(]) For commission of a fraud or a criminal offense in connection with obtaininll. at/emvtinll
to obtain. verforminll. or makinll a claim uvon a vublic contract or subcontract. or a contract
or subcontract funded in whole or in vart with vublic funds:
(2) For violation of federal or State antitrust statutes relatinll to the submission of offers:
(3) For commission of embezzlement. theft. forllery. bribery. falsification or des'ruction of
records. makinll false statements. or receivinll stolen vrovertv:
(4) Which makes the City the vrevailinll vartv in a lellal vroceedinll. and a court determines
that the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(h) The Commit/ee may debar a contractor. (and. limited instances set forth hereinbelow. a
bidder or vrovoser) based uvon a tn wv<,,;~, <AHa the Ilreater weillht of the evidence. for:
(]) Violation of the terms of a City contract or subcontract. or a contract or subcontract
funded in whole or in vart bv City funds. such as failure to verform in accordance with the
terms of one (]) or more contracts as certified bv the City devartment administerinll the
contract: or the failure to verform. or unsatisfactorily verform in accordance with the terms of
one (]) or more contracts. as certified bv an indevendent rellistered architect. enllineer, or
Ileneral contractor.
(2) Violation of a City ordinance or administrative order which lists debarment as a votential
venaltv.
/~j~" f" ffi,t' 'b't, fe' ., b" ,
I ,l~ 6ult, cuu"e W u'rl Ql r;' J 'It:- I eJDVII':H . I 110 u II II 'Vlnl """VI (h ,,]" COli I ac VI ill
De, (VI m;"Q Cit II "'VI!.
Section 2-405 Debarment vrocedures.
(a) ReQuests for the debarment of contractors may be initiated bv a City Devartment or bv a citizen-at
larlle and shall be made in writinll to the Office of the City Manaller. Uvon receiTJt of a reQuest for
debarment. the City Manaller shall transmit the reQuest to the Mayor and City Commission at a rellUlarlv
scheduled meetinll. The Mayor and City Commission shall transmit the reQuest to a verson or tJersons who
shall be charlled bv the City Commission with the duty of DromDtlv investillatinll and Drevarinll a writ/en
report(s) concerninll the vroDosed debarment. includinf! the cause and !!rounds for debarment. as set forth
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in this ordinance.
(b) Upon completion of the aforestated written report. the City Manafler shall forward said report to ,he
Debarment Committee. The City's Procurement Office shall act as staff to the Debarment
Committee and. with the assistance of the C;iv u'.l>wim~"t person or persons which prepared the
report. present evidence and arwment to the Debarment Committee
<<:> Notice of proposal to debar. Within ten worldnf! days of the Debarment Committee hayinf! received
the reQuest for debarment and written report. the City's Procurement Office. on behalf of the Debarment
Committee shall issue a notice of provosed debarment advisinf! the contractor and any specifically
named affiliates. bv certified mail. return receivt reQuested. or versonal service. containinf! the
followinf! information:
(1) That debarment is beinfl considered:
(2) The reasons and causes for the provosed debarment in terms sufficient to vut the contractor and any
named affiliates on notice of the conduct or transaction(s) uvon which it is based:
(3) That a hearinf! shall be conducted before the Debarment Committee on a date and time not less than thirtv
(30) davs after service of the notice. The notice shall also advise the contractor that it mav be reDresented bv an
attornev. mav present documentarv evidence and verbal testimonv. and may cross~examine evidence and testimonv
vresented aflainst it.
(4) The notice shall also describe the effect of the issuance of the notice ofvrovosed debarment. and of the
votential effect of an actual debarment.
(d) No later than seven (7) worldnf! days. vrior to the scheduled hearinfl date. the contractor must furnish
the City's Procurement Office a list of the defenses the contractor intends to present at the hearinf!.
If the contractor fails to submit the list.
in writinfl. at least seven (7) worldnfl days vrior to the hearinll or fails to seek
an extension of time within which to do so. the contractor shall have
waived the opportunity to be heard at the hearinfl. The Debarment
Committee has the rif!ht to f!rant or deny an extension of time. and for
flood cause. may set aside the waiver to be heard at the hearinfl. and its
decision may only be reviewed upon an abuse of discretion standard.
(e) Hearsav evidence shall be admissible at the hearin~ but shall not form the
sole basis for initiatinf! a debartnent procedure nor the sole basis of any
determination of debarment. The hearinf! shall be transcribed. taped or
otherwise recorded bv use of a court reporter. at the election Committee
and at the expense of the City. Copies of the hearinf! tape or transcript
shall be furnished at the expense and reauest of the reauestinfl party.
(f) Debarment Committee's decision. In actions based upon a conviction or
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iudflment. or in which there is no flenuine dispute over material facts.
the Debarmerment Committee shall make a decision on the basis of all
the undisputed. material information in the administrative record.
includinfl anv undisputed. material submissions made bv the contractor.
Where actions are based on disputed evidence. the Debarment
Committee shall decide what weiflht to attach to evidence of record.
iudfle the credibilitv of witnesses. and base its decision on the
tJ, e/Ju,tde"wlCe f!l'eater weiflht of the evidence standard. The Debarment
Committee shall be the sole trier offact. The Committee's decision shall
be made within ten (] 0) workinfl davs after conclusion of the hearinfl.
unless the Debarment Committee extends this period for flood cause.
(fl) The Committee's decision shall be in writing and shall include the
Committee's factual findinfls. the principal causes of debarrnent as
enumerated in this ordinance. identification of the contractor and all
named affiliate: affected bv the decision. and the specific terrn.
includinfl duration. of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the Citv
Manafler shall give the contractor and anv named affiliates involved
written notice bv certified mail. return receipt reauested. or hand
delivery. within ten (] 0) workinfl davs of the decision. specifvinfl the
reasons for debarment and includinfl a COPV of the Comrnittee's written
decision: statinfl the period of debarment. includinfl. effective dates: and
advisinfl that the debarment is effective throughout the Citv departments.
(2) If debarment is not imoosed.the Citv Manal?er shall notifY the contractor and anv named
affiliates illvol~ed .bv certified mail. return receivt reauested. or personal service. within
ten (10) workinfl davs of the decision.
(J) All decisions of the Debarment Committee shall be final and shall be effective on the date the
notice is sifmed bv the Citv Manafler. Decisions of the Debarrnent Committee are subiect
to review bv the Appellate Division of the Circuit Court. A debarred contractor mav seek
a stav of the debarment decision in accordance with the Florida Rules of Avpellate
Procedure.
Section 2-406 Period of debarment.
(a) The period of debarment imoosed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a veriod commensurate with the seriousness of the
causers). and where avvlicable. within the llUidelines set forth below. but in no event
shall exceed five (5) vears.
(b) The followinfl llUidelines in the veriod of debarment shall avplv excevt where mitiflatinll or
aflf!l'avatinl? circumstances iustifv deviation:
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(1) For commission of an offense as described in subsection 2404(0)(1): five (5) vears
(2) For commission of an offense as described in subsection 2404(0)(2): five (5) vears.
(3) For commission of an offense as described in subsection 2404(0)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(0)(-54): two (2) to five (5)
vears.
(5) For commission of an offense as described in subsections 2404(b)(1 ) or (2): two (2) to five (5)
vears.
t1J The Debarment Committee mav. in its sole discretion. reduce the period of debarment. UlJOn the
contractor's written reouest. for reasons such as:
(1) Newlv discovered material evidence:
(2) Reversal of the conviction or civil iudfmlent upon which the debarment was based:
(3) Bona fide chanf!e in ownership or mana1ement:
(4)Elimination of other causes for which the debarment was imposed: or
(51 Other reasons the Debarment Committee deems appropriate.
(dl The J~balm~"tdebarred contractor's written reoues' shall contain the reasons for
reauestinf! a reduction in the debarment period. The City's Procurement Office. with the
assistance of the affected department shall have thirty (301 davs trom receipt of such request
to submit written resvonse thereto. Thr;- dl;.",,;,,;oll v{ tht; Debut iJlr:;lIt CVII'fU;UeC I r:;~Ul J;,lr. u
,eClUC.3J ,Iluu'~ UIIJC,I th;" Jub""cttvtf;J h"c,,! ulld nV/I-Cfour:;C4Jabk.
SECTION 2. SEVERABILITY.
If any sec,ion, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 3. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day ofMarch,2000.
PASSED and ADOPTED this 23rd day ofFebruary,2000.
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