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2000-24068 RESO RESOLUTION NO. 2000-24068 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FROM QUALIFIED FIRMS FOR THE PERFORMANCE OF A TRAFFIC CALMING STUDY FOR SR 907/ALTON ROAD, BETWEEN INDIAN CREEK DRIVE AND NORTH MICHIGAN AVENUE; AND FURTHER APPROPRIATING $15,000 FROM THE $92 MILLION GENERAL OBLIGATION BONDS-SERIES 2000, FUND NO. 373, FOR THE PURPOSES OF THE STUDY. WHEREAS, speeding frequently occurs on SR 907/Alton Road, which is classified as a major arterial roadway under the control and jurisdiction of the Florida Department of Transportation (FDOT); and WHEREAS, FDOT already conducted a traffic calming assessment study which concluded that traffic calming measures were not appropriate for the Alton Road corridor, which function is to move traffic; and WHEREAS, the Alton Road Homeowners Association continues to insist that the City take the lead in providing the desired traffic calming measures on Alton Road; and WHEREAS, as advised by FDOT, the City needs to conduct its own Traffic Calming Study for the Alton Road Corridor (the Study), as a precursor for any further discussion and reconsideration by FDOT towards the installation of any traffic calming measures along the corridor; and WHEREAS, the G, O. Bond Oversight Committee, at its meeting of July 31, 2000, recommended that $15,000 ofthe funds allocated for "Alton Road Enhancements" be utilized for the purposes of the Study; and WHEREAS, the City needs to appropriate the funds and issue a Request for Qualifications for the performance of the Study, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City COrnnlission hereby approve and authorize the issuance of a Request for Qualifications (RFQ) for the performance ofa Traffic Calming Study for SR 9071 Alton Road, between Indian Creek Drive and North Michigan Avenue; and appropriate $15,000 from the $92 million General Obligation Bonds-Series 2000, Fund No. 373, for the purposes of the Study, as recornnlended by the G.O.Bond Oversight Committee, PASSED AND APPROVED this the 13th day of September ,2000. APPROVED)oS TO FORM & LANGUAGE & FOR EXECUTION MAYOR 1ff,~D:~~CIJ 1JU A~~r~~ ~TY CLERK f,\WQ~I<,\$TR"',^MfU!o.\l.OI'l'S,^LTOl<MMQ.WrQ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.u5 COMMISSION MEMORANDUM NO. (p 7t;-(JO FROM: Mayor Neisen O. Kasdin and Members ofthe CitY. Commission Jorge M. GoJ.(!/1 ~ City Manager DATE: September 13, 2000 TO: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FROM QUALIFIED FIRMS FOR THE PERFORMANCE OF A TRAFFIC CALMING STUDY FOR SR 907/ALTON ROAD, BETWEEN INDIAN CREEK DRIVE AND NORTH MICHIGAN A VENUE; AND FURTHER APPROPRIATING $15,000 FROM THE $92 MILLION GENERAL OBLIGATION BONDS-SERIES 2000, FUND NO. 373, FOR THE PURPOSES OF THE STUDY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding for the proposed Traffic Calming Study will be provided by the $92 million General Obligation Bond-Series 2000, Fund No. 373, in an amount not to exceed $15,000, as recommended by the G, O. Bond Oversight Committee, at its meeting of July 31, 2000, ANALYSIS Speeding frequently occurs on SR 9071 Alton Road, which is classified as a major arterial roadway under the control and jurisdiction of the Florida Department of Transportation (FDOT). Approximately two years ago, as requested by the Alton Road Homeowners Association, FDOT conducted a traffic calming assessment study which concluded that traffic calming measures were not appropriate for the Alton Road corridor, the designated function of which is to facilitate the flow of traffic. The Administration and City staff met with the Association on May 31, 2000, at which time the residents encouraged the City to take the lead in providing traffic calming measures. Once again, the City staff emphasized that, as advised by FDOT, the City needs to conduct a separate traffic calming study as a precursor for any further discussion and reconsideration by FDOT towards the installation of any traffic calming measures along the corridor. AGENDA ITEM C-7P 9'-/3-0cJ DATE September 13, 2000 Commission Memorandum RFQ for Alton Road Traffic Calming Study Page 2 The pw:pose of this study would be to identify applicable traffic calming strategies and techniques for Alton Road, between Michigan Avenue and Indian Creek Drive. The main obiectives of any recommended traffic calming measures or strategies for Alton Road would be the following: 1. To reduce the occurrence of speeding, therefore enhancing the neighborhood's livability; 2. To assess the implication of using traffic calming measures on the corridor, given its function as an arterial roadway; 3, To assess the probable impacts of Alton Road traffic calming on the adjacent roadways; and 4. To provide the City with recommendations as to the implementation of a successful traffic calming plan. In conjunction with the Alton Road Homeowners' Association, the Administration recommends approval of the Resolution, which authorizes both the appropriation of funds and the issuance ofa Request for Qualifications (RFQ) for the performance ofthe essential traffic calming study, The proposed RFQ, attached hereto, includes a preliminary 'scope of services' for the study, ~~J)AJ Attachment F:\WORKISTR^""MELlA\lOPES,^LTONMMO,WPO CITY OF MIAMI BEACH RFQ NO. 140-99/00 REQUEST FOR QUALIFICATIONS FOR TRAFFIC CALMING STUDY FOR SR/907 ALTON ROAD BETWEEN NORTH MICHIGAN A VENUE AND INDIAN CREEK DRIVE RESPONSES ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN OCTOBER 20, 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 RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl,us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 PUBLIC NOTICE Request for Qualifications (RFQ) NO. 140-99100 Scope of Services: The purpose of this study is to identify applicable traffic calming strategies tools and techniques for Alton Road (SR 907) between Michigan Avenue and Indian Creek Drive. The primary objective of the traffic calming strategies is to reduce the occurrence of speeding on Alton Road particularly through it's residential sections. As advised by FDOT, the City needs to conduct a separate traffic calming study as a precursor for any further discussion and reconsideration by FDOT towards the installation of any traffic calming measures along the corridor. Sealed qualifications will be received until 3 :00 P .M, on October 20, 2000, at the following address: City of Miami Beach, City Hall - Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, Any response received after 3 :00 p,m, on October 20, 2000, will be returned to the proposer unopened. The responsibility for submitting qualifications before the stated time and date is solely strictly the responsibility of the proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence, The RFQ package is available by calling DemandStar.com at (407) 975-3227 and requesting Document #1403. The City of Miami Beach, may at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in the RFQ or in the responses received as a result of this RFQ, as deemed in the best interest of the City of Miami Beach, RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 2 The City of Miami Beach, may at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in the RFQ or in the responses received as a result of this RFQ, as deemed in the best interest of the City of Miami Beach, You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. Requests for additional information or clarifications must be submitted in writing to my attention, and may be forwarded via facsimile to: 305-673-7851. ADDITIONALLY, A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING TIDS RFQ MUST BE FILED WITH THE CITY CLERK. Bidders are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (The City's Debarment Ordinance). Gus Lopez, CPPO Procurement Director RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 3 TABLE OF CONTENTS I. OVERVIEW AND QUALIFICATION PROCEDURES II. SCOPE OF SERVICES III. QUALIFICATION STATEMENT FORMAT IV. EV ALUATIONISELECTION PROCESS; CRITERIA FOR EVALUATION V. GENERAL PROVISIONS VI. SPECIAL TE~S AND CONDITIONS VII. ATTACHMENTS VIII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 4 ~ SECTION I - REOUEST FOR OUALIFICATIONS OVERVIEW AND RESPONSE PROCEDURES: A. INTRODUCTIONIBACKGROUND Speeding frequently occurs on SR 907/ Alton Road, which is classified as a major arterial roadway under the control and jurisdiction of the Florida Department of Transportation (FDOT). Approximately two years ago, as requested by the Alton Road Homeowners Association, FDOT conducted a traffic calming assessment study which concluded that traffic calming measures were not appropriate for the Alton Road corridor, which function is to move traffic. For obvious reasons, this argument is not acceptable to the residents. As advised by FDOT, the City needs to conduct a separate traffic calming study as a precursor for any further discussion and reconsideration by FDOT towards the installation of any traffic calming measures along the corridor. B. RFQ TIMETABLE: The anticipated schedule for this RFQ and contract approval is as follows: RFQ issued September 15, 2000 Deadline for receipt of questions October 10, 2000 Pre-Qualification Conference N/A Deadline for receipt of responses October 20, 2000 @ 3:00 p.m. Evaluation committee meeting November 2000 Commission approval and authorization of negotiations November 15,2000 Contract negotiations December 2000 Projected award date December 20, 2000 Proj ected contract start date January 1,2001 RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 5 C. QUALIFICATION STATEMENT SUBMISSION An original and ten (10) copies of complete responses must be received by October 20, 2000 at 3:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the respondent's name, address, telephone number, RFQ number and title, and due date, The responsibility for submitting a response to this RFQ to the Procurement Division on or before the stated time and date will be solely and strictly that of the firm, 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. Responses received after the RFQ due date and time will not be accepted and will not be considered. D. PRE-QUALIFICATION CONFERENCE NOT REQUIRED E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFQ is the Procurement Director at (305) 673-7490, Firms are advised that from the date of release of this RFQ until award of the contract, no contact with City personnel related to this RFQ is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the firm'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 RFQ 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 RFQ, Firms should not rely on representations, statements, or explanations other than those made in this RFQ or in any addendum to this RFQ, Firms are required to acknowledge the number of addenda received as part of their responses. The firm should verify with the Procurement Division prior to submitting a response that all addenda have been received, F. RESPONSE GUARANTY NOT REQUIRED RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 6 G. MODIFICATIONIWITHDRAWALS OF SUBMITTALS A firm may submit a modified response to replace all or any portion of a previously submitted response up until the RFQ due date and time. Modifications received after the RFQ due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ due date or after expiration of (120) calendar days from the opening of responses without a contract award, Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. H. RFQ POSTPONEMENT/CANCELLATIONIREJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ or in any responses received as a result of this RFQ. I. COST INCURRED BY RESPONDENTS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the firm(s) and not be reimbursed by the City, J. VENDOR APPLICATION Prospective firms should register with the DemandStar,com (the City's Vendor Database Management Firm) ; this will facilitate their receipt of future notices of solicitations when they are issued. Potential firms may contact DemandStar,com at (800) 711-1712 or register on-line at www.Demandstar.com. It is the responsibility of the firms to inform DemandStar,com concerning any changes, such as new address, telephone number, or commodities. It is the responsibility of the bidders to inform the City concerning any changes, including new address, telephone number, or commodities, K. EXCEPTIONS TO RFQ Firms must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, 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 firm to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 7 L. SUNSIDNE LAW Firms are hereby notified that all information submitted as part of a response to this RFQ will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the "Governnlent in the Sunshine Law", M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require firms to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected respondent, and if the City and the selected respondent cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected respondent. This process may continue until a contract has been executed or all responses have been rejected, No respondent shall have any rights in the subject project or property or against the City arising from such negotiations, N. PROTEST PROCEDURE Firms 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 Firms 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 firm will in no way relieve it from responsibility for compliance, P. DEFAULT Failure or refusal of a firm to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the firm from the City's vendor list. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 8 Q. CONFLICT OF INTEREST All firms must disclose with their response 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 firms must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the respondent or any of its affiliates, R. RESPONDENT'S RESPONSIBILITY Before submitting responses, each firm 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 firm 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 firm. S. RELATION OF CITY It is the intent of the parties hereto that the successful firm be legally considered to be an independent contractor and that neither the firm nor the firm's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME (pEe) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All firms are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Firms 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 responses, in the event of such non-compliance, RFQ NO, 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 9 V. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, firms are hereby advised that the City's Cone of Silence is attached and made part of this RFQ. W. DEBARMENT ORDINANCE Firms are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (The City's Debarment Ordinance). Firms 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/response 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, RFQ NO, 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 10 SECTION II -SCOPE OF SERVICES Traffic Calming Study for SR 907/Alton Road. I. Purpose and Objectives: The purpose of this study is to identify applicable traffic calming strategies tools and techniques for Alton Road (SR 907) between Michigan A venue and Indian Creek Drive. The primary objective of the traffic calming strategies is to reduce the occurrence of speeding on Alton Road particularly through it's residential sections, A secondary purpose of this study is to assess the implication of using traffic calming strategies on Alton Road given its function as a arterial roadway. And, lastly, recommendations regarding the required components of a traffic calming implementation plan (i.e" public involvement, surrounding impacts to network, and the like) will be outlined. This study will assist the City and the Florida Department of Transportation (FDOT) in determining whether traffic calming strategies and measures should be implemented along the corridor, as part of a scheduled milling and resurfacing project. II. Study Objective This traffic calming study shall be developed to meet the following objectives: A. The "perceived" problems with regard to speed will be verified to determine the "actual" problems. B, The existing conditions on the corridor will be established. These conditions include 24-hour vehicle classification traffic counts, turning movement counts, segment and intersection levels of service, operating speeds, and high crash locations and types, C, Appropriate traffic calming strategies for reducing speeds on Alton Road will be determined. Preliminary cost estimates for implementing appropriate traffic calming strategies will be ascertained. D. The applicability of traffic calming strategies on Alton Road, as it functions as a arterial, will be assessed. Potential secondary impacts of the traffic calming measures to surrounding corridors will also be assessed (Collins Avenue, Indian Creek Drive, 41st Street, Pine Tree and La Gorce Drive), E, The results and recommendations will be summarized in a report. The final report and recommendations will be presented to the City. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 11 III. Traffic Calming Study - Service to be Performed: The Consultant shall prepare a Traffic Calming Report for the City, The Consultant shall make maximum use of existing information throughout the study. A. Introductory Meeting The Consultant shall meet with key City personnel and other governmental agencies prior to the start of work. The purpose of the meeting shall be as follows: The City, FDOT and Miami-Dade Public Works Department (MDPWD) will provide all relevant information relating to the project in its possession. Included in this are previous studies/reports for Aiton Road, previous studies/reports of traffic calming plans within the City (ex, Pine TreelLa Gorce Drive), the last three years of accident data along the corridor, planning information, existing right-of-way information and maps, It is recommended that representatives from the City Manager Office, Police, Fire, Public Works Department, Transportation and Parking Committee, FDOT along with a designated neighborhood representative participate in the initial meeting with the consultant to discuss the traffic problems along the corridor, enforcement issues, emergency responses, hurricane evacuation, and the like. B. Data Collection The following data may need to be collected for the study: * * Twenty-four hour (24-hour) traffic counts on Alton Road ArnImidday/pm peak hour turning movement counts at signalized intersections along the corridor. Spot speeds data along the corridor, Spot speed data will be taken at key locations (both directions) for two different periods during a weekday, Roadway characteristics along the corridor including: geometry, posted speed, limits, signal timing plans, and the like, Numerous field observations of traffic operations along the corridor will be undertaken to assess and verify the perceived problems. Observations will include both physical features and actual operations under normal traffic conditions, Crash data will be summarized. * * * * RFQ NO. 140-99/00eDATE: September 13, 2000 CITY OF MIAMI BEACH 12 C. Data Analysis After traffic counts, field data, speeding information, and the like have been collected, a general corridor analysis will be undertaken. Segment levels of service will be calculated along the corridor. The 85th percentile speed, 10 mph pace, 50th percentile speed, and average speed will be calculated at the spot speed locations. Crash data will be analyzed to determine predominant crash patterns and possible contributing factors. D. Identification of Feasible Traffic Calming Strategies After field data and statistics have been collected and analyzed, feasible traffic calming strategies tools and techniques for Alton Road will be identified. The traffic calming measures to be considered may include, but not limited to: road narrowing, signalization, vertical deflections, central islands, horizontal deflections, and streetscaping. If speeding is determined to be significant along the corridor, viable traffic calming measures tailored to effectively reduce speeding will be emphasized. E. Assessment ofImplementing Traffic Calming Measures on Alton Road The applicability of traffic calming strategies on Alton Road, relative to its function as a arterial roadway, will be assessed. Issues to be reviewed include: degradation oflevels of service, influence of traffic calming measures on emergency service (police, fire, ambulance), influence of traffic calming measures on hurricane evacuation, impacts to the surrounding roadway network, and the like. F. Recommendations for Traffic Calming Implementation Plan The purpose of the Traffic Calming Study for Alton Road is to provide a final assessment of feasible traffic calming measures for the corridor and their applicability on the area's surrounding the roadways, The strategies and measures identified will be considered for further refinement and possible implementation. Should the City elect to continue with a traffic calming project, this study of the Alton Road corridor and feasible traffic calming strategies will be the basis for a detailed Traffic Calming Implementation Plan. The Consultant will outline key components for successful planning and implementation of traffic calming measures. These components will include: coordination with agencies, participation of emergency services (police, fire, ambulance), area of influence for study, analysis required to measure impacts to the surrounding network, determine after studies needed that would assess impacts of implemented traffic calming measures, and the like. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 13 G. Final Report The Consultant will summarize the results of the study in a report, The report will include the information/evaluations outlined in sections III.A through 111.0, The City will be provided with five sets of the draft report and five sets of the final report, H. Project RepresentationslMeetings The Consultant will be required to attend up to four meetings for the project. The meetings will include coordination with City of Miami Beach staff, Metro-Dade Public Works staff (if necessary), FDOT staff, emergency services (police, fire, ambulance), and other interested parties, The Consultant will be prepared to make presentations during the meetings with City. I. End Product/Quality Assurance The end product of this project will be a Traffic Calming Study for Alton Road from Michigan Avenue to Indian Creek Drive, This study will include an evaluation of existing conditions, identification of feasible traffic calming measures, and an assessment of implementing traffic calming measures to the surrounding roadway network. The Consultant shall provide quality assurance on all products and deliverables, Project Manager: Joseph W. Johnson, III, AICP Transportation/Concurrency Management Director Completion of Project: (120 Days - 4 months) Study Cost: $15,000,00 RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 14 SECTION III -OUALIFICATIONS STATEMENT FORMAT Responses must contain the following documents, each fully completed, and signed as required, Responses which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive responses will receive no further consideration, A. CONTENTS OF QUALIFICATION STATEMENT 1. Table of Contents: The Table of Contents should outline in sequential order the major areas of the submittal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Technical Proposal: Provide a narrative which addresses the scope of work, the proposed approach to the work, and any other information called for by the RFQ. 3. Price Proposal: None is required at this time. Fees are to be negotiated with the top-ranked team(s), 4. Qualifications: The minimum qualification requirements for this RFQ are described below. Respondents must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements, Submittals which do not contain such documentation may be deemed non-responsive. 5. Acknowledgment of Addenda and Respondent Information Forms (Section VIII) 6. Any other document required by this RFQ, such as a Questionnaire or Response Guaranty. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH IS B. MINIMUM REQUIREMENTS 1 QUALIFICATIONS: Each team interested in responding to this Request for Qualifications must provide the following information. Responses that do not respond completely to all requirements will be considered non- responsive and eliminated from the process, 1. Team's Experience: Indicate the team's number of years of experience in providing the requested professional services, list all projects undertaken during the past five (5) years, describe the scope of each project in physical terms and by cost, describe the scope of the firm's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to firm's activities in relation to the project, provide the name(s) of the person, or persons within your organization who was most actively concerned with managing each project. List and describe all legal claims against the team alleging errors and/or omissions, or any breach of professional ethics, including those settled out of court, during this period. 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individuals who will be selected to serve as the project managers for the City's project(s). These individuals must have a minimum of ten (10) years' experience in the design and construction of streetscape and utility facilities, and should have served as construction manager on similar projects on a minimum of three previous occasions. 3. Previous Similar Projects: A list of a minimum of ten similar projects must be submitted. Information should include: * Client name, address, phone number. * Consultant (Architect or Engineer) name, address, phone number. * Description of the scope of the work. * Month and Year the project was started and completed. * Total cost and/or fees paid to your firm. * Total cost of the construction, estimated and actual. * Role of the firm and the responsibilities. RFQ NO, 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 16 4, Qualifications of Project Team: List the members of the proposed project team. Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member, including any subcontractors, to be assigned to this project. 5. Project Approach: Information should include: *Organizational structure of project team. *Fee structure on prior projects of similar size and complexity. * Approach to project specific to neighborhood, *Narrative description of how project team's experience specifically relates to the neighborhood project. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 17 SECTION IV -EV ALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION The procedure for response evaluation and selection is as follows: I. Request for Qualifications issued, 2. Receipt of responses. 3. Opening and listing of all responses received, 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, firms may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations pursuant to Section 287.055, Florida Statutes, known as the Consultants' Competitive Negotiation Act (CCNA). The Committee shall recommend in order of preference, no fewer than three firms deemed to be the most highly qualified to perform the required services after considering such factors as: 1. The ability of professional personnel; 2. Past performance; 3. Willingness to meet time and budget requirements; 4. Location; 5. Recent, current, and projected workloads ofthe firms; and 6. The volume of work previously awarded to each firm by the City, with the object of effecting and equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses 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 response or responses, In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all responses. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 18 8. Negotiations between the selected firm and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a firm other than the top-ranked firm if the negotiations with the top-ranked respondent 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 finn(s) has (or have) done so. Important Note: By submitting a response, all firms 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. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 19 SECTION V -GENERAL PROVISIONS A. ASSIGNMENT The successful firm 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 firm. B. INDEMNIFICATION The successful firm 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 firm, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful firm 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 firm, 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 respondent of such termination which shall become effective upon receipt by the successful firm of the written termination notice. In that event, the City shall compensate the successful firm in accordance with the Agreement for all services performed by the firm prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful firm 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 firm, and the City may reasonably withhold payments to the successful firm for the purposes of set off until such time as the exact amount of damages due the City from the successful firm is determined. RFQ NO. 140.99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 20 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 firm of such termination, which shall become effective thirty (30) days following receipt by firm 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 respondent in accordance with the Agreement for all services actually performed by the successful firm and reasonable direct costs of successful firm for assembling and delivering to City all documents, No compensation shall be due to the successful firm for any profits that the successful firm expected to eam on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful firm upon a termination as provided for in this section. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 21 SECTION VI . SPECIAL TERMS AND CONDITIONS A. INSURANCE The successful firm(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 AM Best's Insurance Guide, Any exceptions to these requirements must be approved by the City Manager or designee, 1. Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as additional insured on policy. 2, Professional Liahility (Errors and Omissions). Minimum of $500,000 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 firm'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. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 22 SECTION VII - ATTACHMENT(S) 1. Lobbyists Ordinance. 2. Cone of Silence Ordinance No. 99-3164 3. Debarment Ordinance No. 2000-3234 RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 23 SECTION VIII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RESPONDENT INFORMATION ACKNOWLEDGMENT OF ADDENDA DECLARATION QUESTIONNAIRE RFQ NO, 140.99/00 DATE: September 13, 2000 CITY OF MIAMl BEACH 24 RESPONDENT INFORMATION Submitted by: Entity: Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by firm 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 RFQ or in the responses received as a result ofthe RFQ. It is also understood and agreed by the firm that by submitting a response, firm 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 evaIuation/selection process until and unless a contract has been agreed to and signed by hoth parties. (Authorized Signature) (Date) (Printed Name) RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 25 REOUEST FOR QUALIFICATION NO. 140-99/00 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 RFQ: 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 RFQ. Verified with Procurement staff Name of staff Date (Respondent -Name) (Date) (Signature) RFQ NO. 140-99/00 DATE: September 13,2000 CITY OF MIAMI BEACH 26 DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida day of ,2000. Submitted this The undersigned, as firm, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The firm agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the firm and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The firm states that the response is based upon the documents identified by the following number: RFQ No, 140-99/00 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFQ NO. 140.99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 27 Firm'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: RFQ NO. 140-99/00 DATE: September 13, 2000 OUESTIONNAlRE CITY OF MIAMI BEACH 28 Ouestionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership: Name and Address of Each Partner: NAME ADDRESS Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by respondent for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the respondent 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: RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 29 Questionnaire (j:ontinued) 4. Has the firm 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 oflaw, 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 firm and/or any of its principals: RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 30 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this response: (If none, so state.) RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 31 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Qualifications have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any firm and/or individuals and entities comprising or representing such firm, and in an attempt to ensure full and complete disclosure regarding this contract, all Firms are required to disclose all persons and entities who may be involved with this Response. 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 responses. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 32 The firm 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 firm to be true. The undersigned firm agrees to furnish such additional information, prior to acceptance of any response relating to the qualifications of the firm, as may be required by the City Manager. The firm 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 firm agrees to cooperate with this investigation, including but not necessarily limited to fmgerprinting and providing information for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSIDP: Signature Print Name of Firm Print Name Address Signature (General Partner) (print Name) (print Name) IF A CORPORATION: Print Name of Corporation Signature of President (print Name) Attest: Signature of Corporate Secretary (print Name) RFQ NO, 140-99/00 CITY OF MIAMI BEACH DATE: September 13, 2000 33 LOBBYISTS Sec, 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners, Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas ofresponsibility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental p~rsonnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeab1y will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions, The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord, No, 92-2777, " 1,2,3-4-92; Ord. No. 92-2785, " 1,2,6-17-92) Cross reference(s)--Definitions generally, 11_2, RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 34 Sec, 2-482, Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs, <<J If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal, (f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shaH 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. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 3S (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a fmding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section, Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord, No. 92-2777,' 3, 3-4-92; Ord. No. 92-2785, I 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 hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person, (Ord. No. 92-2777, "4,5,3-4-92; Ord, No. 92-2785," 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481, (Ord, No, 92-2785, '6,6-17-92) Sec. 2-485, List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. RFQ NO. 14Q..99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 36 (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ' 11.0045, I1:l All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division, Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission, Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission, The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord, No, 92-2777,' 6, 3-4-92; Ord. No. 92-2785,' 7, 6-17-92) RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 37 DIVISION 4. PROCUREMENT Sec. 2-486, Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition, "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff, (2) Procedure. a, A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid, At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b, The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000,00, when the city manager executes the contract. (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city 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, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request, (b) Audit contracts, RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 38 (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city 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 attorney and his or her staff, (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence, The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000,00, when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents, The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. RFQ NO, 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 39 <<:l Violations/penalties and procedures, An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year, Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal, Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attorney and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164,' I, 1-6-99) RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 40 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 DIVISION 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 1. 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 only: To effectuate this police, the debarment of contractors from City work may be undertaken, (b) The serious nature of debarment requires that this sanction be imposed only 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)Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly, (I) either one controls or has the power to control the other, or (ii) 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 subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. (b) Civil judgment means a judgment or fmding of a civil offense by any court of competent jurisdiction, (c )Contractor means any individual or other legal entity that: RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 41 (1) Directly or indirectly (e,g. through an affiliate), submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business, with the City as an agent" representative or subcontractor of another contractor, (d) Conviction means a judgement or conviction of a criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and, in limited instances specified in this ordinance. a bidder or proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred, (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and, if warranted, to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it ,leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding, The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by 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 City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments, to the Office of the City Manager and to the Mayor and City Commissioners: and RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 42 (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (I) 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 statutory or regulatory authority : (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license number. when applicable; (7) The person through whom the contractor is qualified. when applicable: (8) The name and telephone number of the point of contact in the department recommending the debarment action. The City's Procurement Office shall: (1) In accordance with internal retention procedures. maintain records relating to each debarment; (2) Establish procedures to provide,for the effective use of the List, including 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 inquiries concerning 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 receiving contracts, and departments shall not solicit offers from. award contracts to, or consent to subcontracts with these contractors, unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 517ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives subcontractors or partners of other contractors. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 43 (b) Debarred contractors are excluded from acting as individual sureties, Section 2-40 I Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts, as well as Request for Proposals (RFP). Request for Qualifications (RFO), Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid, (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be 517ths vote of the Mayor and City Commission at a regularly scheduled meeting. 11::) City departments may not renew or otherwise extend the duration of current contracts, or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension fer reasons beyond the contractor's control. and such action is approved by 517ths vote of the Mayor and City Commission at a regularly scheduled, meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract. where the work is divided into separate discrete groups 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 subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent. and the Mayor and City Commission approves such decision, by 517ths vote. at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFQ, RFLI, or bid. Section 2-403 Debarment. (a) The Debarment Committee may, in the public interest. debar a contractor for any of the causes listed in this ordinance, using the procedures 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 mitigating factors should be considered in making any debarment decision. RFQ NO, 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 44 (b) Debarment constitutes debarment of all officers, directors. shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor. if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. <<:J A contractor's debarment shall be effective throughout City Gove=ent. Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, performing, or making a claim upon a public contract or subcontract. or a contract or subcontract funded in whole or in part with public funds: (2) For violation of federal or State antitrust statutes relating to the submission of offers: (3) For commission of embezzlement, theft, forgery, bribery. falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding. and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith, (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow, a bidder or proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract. or a contract or subcontract funded in whole or in part by City funds, such as failure to perform in accordance with the terms of one (I) or more contracts as certified by the City department administering the contract; or the failure to perform. or unsatisfactorily perform in accordance with the terms of one (I) or more contracts, as certified by an independent registered architect. engineer. or general contractor. (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty, (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 45 Section 2-405 Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment. as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report. present evidence and argument to the Debarment Committee @ Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service. containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension oftime within which to do so, the contractor shall have waived the opportunity to be heard at the hearing, The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. RFQ NO, 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 46 ( e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment, The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City, Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision, In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed. material information in the administrative record. including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence. the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause, (g) The Committee's decision shall be in writing and shall include the Committee's factual fmdings, the principal causes of debarment as enumerated in this ordinance. identification of the contractor and all named affiliate: affected by the decision, and the specific term. including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision, (1) If the Debarment Committee decides to impose debarment. the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision. specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including, effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision, (I) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager, Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure, Section 2-406 Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee, Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 47 (b) The fol1owing guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2-404(a)(1); five (5) years (2) For commission of an offense as described in subsection 2-404(a)(2): five (5) years, (3) For commission of an offense as described in subsection 2-404(a)(3): five (5) years, (4) For commission of an offense as described in subsection 2-404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2-404(b)(1) or (2): two (2) to five (5) years, 11::) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request. for reasons such as: (1) Newly discovered material evidence: (2) Reversal of the conviction or civil judgment upon which the debarment was based: (3) Bona fide change in ownership or management; (4 )Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shal1 have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION2. SEVERABILITY, If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 48 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 of March,2000, PASSED and ADOPTED this 23rd day of February,2000. RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF MIAMI BEACH 49 RFQ NO. 140-99/00 DATE: September 13, 2000 CITY OF M1AM1 BEACH SO