Res No 050-19-15322RESOLUTION NO. 50-19-15322
A Resolution authorizing the City Manager to negotiate and enter into a
multi -year contract with Becker & Poliakoff, P.A. for Federal Lobbying
Services and related consulting services.
WHEREAS, the firm of Becker & Poliakoff, P.A. ("Becker Poliakoff') has been serving
the City and providing the City with month to month federal lobbying services; and
WHEREAS, the City relies on lobbying and consulting services as well as representation to
ensure the City is successful in advancing policy issues and in securing appropriations and funding
from the federal government; and
WHEREAS, the City has advertised a request for proposal from federal lobbying firms
and it received three proposals, of which Becker Poliakoff provided the lowest price for lobbying
services; and
WHEREAS, the City Manager is recommending Becker Poliakoff to provide federal
lobbying services for and related consulting services to the City; and
WHEREAS, the City Commission desires that the City Manager enter into a contract witt
Becker Poliakoffprovide the City with federal lobbying services for and related consulting services.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to negotiate and enter into three-year contract,
with one two-year extension, at the City Manager's discretion, with Becker & Poliakoff, P.A. to be
reviewed annually.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon approval by
the City Commission.
PASSED AND ADOPTED this 16t' day of A Idl, 2019.
ATTEST:
�i
City Cle c
P •
/0ZA
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: April 16, 2019
Submitted by: Steven Kulick
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Becker &
Poliakoff, P.A. for Federal Lobbying Services and related consulting services. 3/5 (City Manager)
Suggested Action:
Attachments:
CM Memo Federal Lobbying Services.docx
Reso Becker Poliakoff 2019CArev.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
outV,emiami
THE CITY OF PLEASANT LIVING
To:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
April 16, 2019
SUBJECT: A Resolution authorizing City Manager to enter into a multi -year agreement with
Becker Lawyers for Federal Lobbying Services.
BACKGROUND: The City of South Miami relies on lobbying and consulting services as well as
representation to ensure the City is successful in securing appropriations and
funding from the State of Florida Legislature, State of Florida administrative
agencies, the Florida Governor and Cabinet. Additionally, the City has the need
and opportunity to pursue funding and policy issues at the Federal level.
The City competitively solicited Federal Lobbying Services on March 6, 2019
pursuant to the South Miami City Charter and by City ordinances and procedures.
There were three responsive bids, each of which had very good credentials.
The fee portion of the proposals were recorded as follows:
Alcalde and Fay $66,000 per year
Becker Law $30,000 per year
Van-Scoyoc Associates $48,000 per year
The RFP specified a 3-year initial term with a two-year possible extension.
The contract provides that the City can terminate without cause by the City,
meaning that at any point the City does not believe it is in its best interest to
continue the contract, it may terminate effective immediately.
The City is recommending hiring the firm of Becker to provide Federal lobbying
services for and related consulting services to the City. Becker's team members
have worked in senior level roles with Florida Members of Congress, including
serving as Chief of Staff and Legislative Director. As a result, they have high-level
relationships with Florida Members of Congress, and high-ranking Members and
2
key staff on Capitol Hill and in the Federal agencies. As former Hill staffers, the
Becker team understands the importance of maintaining solid working
relationships with Congressional Members, office and committee staff, as well as
Agency officials. The Becker team has close working relationships with all
Members of Congressman Mario Diaz-Balart and Senator Marco Rubio, who
previously worked at Becker, as well as influential staff members such as numerous
Chiefs of Staff from House and Senate offices. Additionally, the proposed City of
South Miami team has close bipartisan working relationships with important
leaders on key committees including Representatives Donna Shalala, Debbie
Mucarsel-Powell, and Debbie Wasserman- Schultz. They also have deep
knowledge of municipal issues facing South Florida's local governments.
The annual expense to the City over the term of the agreement is $30,000 per
fiscal year.
EXPENSE: $30,000 per fiscal year to account no. 001-1310-513-3450, with a current balance
of $150,000 for fiscal year 2018-2019.
SUPPORT: Resolution
3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday SUnda', and
Legal Holidays
Miami, Miami -Dade County. Floods
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Deily
Business Review We Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI - APR
. 16. 2019
in the XXXX Court,
was published in mid newspaper in the issues of
04/05/2019
Af6ant further says that the said Miami Dairy Business
Review is a nevrspaper published at Miami, in said Miami -Dade
County, Florida and that the mid newspaper has heretofore
been continuously published In said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement: and of iant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personally known to me
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CITY OF SOUTH MIAMI
NOTICE -OF -PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City Commission
meeting scheduled for Tuesday, April 16, 2019, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the following
items:
A Resolution authorizing the City Manager to negotiate and enter
into a muhi-year contract with Becker & Poliakoff, P.A. for Federal
Lobbying Services and related consulting services.
An Ordinance pursuant to a request to amend the Official Zoning
Map, amending the zoning designation of the property located at
7800 SW 57 Avenue, and as legally described herein, from'RS-3'
Residential end °RO' Residential to'LO' Low -Intensity Office. .
An Ordinance amending the City of South Miami's Land Development
Code, Section 20-4.4 Offstreet parking requirements; Section 20-7.6
Parking; and Section 20-7.12 Permitted and special uses and parking
requirements.
An Ordinance amending the City of South Miami Land Development
Code, Chapter 20, Article III, Sections 20-3.4, 20-3.5 and 20-3.6:
Article IV, Sections 204.3, 20-4.5. and 20-4.5.1; Article V, Sections
20-5.11, 20-5.12, 20-5.13. and 20-5.23; Article Vi, 20-6.2.; Article
VII, Sections 20- 7.14, 20-7.15, 20-7.22, 20-7.24, 20-7.52; Article
MR, Sections 20-8.9 and 20-8.12; Article IX, Section 20-9.5; Article X,
Sections Section 20-10.4, 20-10.5 and 20-10.9; Article XI, Section
20-11.9; and to amend the Clty's Code of Ordinances, Chapter 7,
Section 7-3.1; Chapter 8A, Section BA-1; Chapter 13 Article X.
Section 13-85 to amend the pavers of the Environmental Review
end Preservation Board and to makeother revisions.
6i
An Ordinance amending Chapter 2, Article I Section 2-2.1(K) titled
'DECORUM' of the City of South MiamPs Code of Ordinances.
An Ordinance extending the moratorium on the execution of new
parking space fee agreements and the payment of fees pursuant
to such existing agreements by businesses in the commercially
zoned districts in the City.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at:
305-663-6340.
Nkenga A. Payne, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City Commission
meeting scheduled for Tuesday, April 16, 2019, beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following items:
A Resolution authorizing the City Manager to negotiate and enter into a multi-
year contract with Becker & Polixkoff, P.A. for Federal Lobbying Services and
related consulting services.
An Ordinance pursuant to a request to amend the Official Zoning Map, amending
the zoning designation of the property located at 7800 SW 57 Avenue, and
as legally described herein, from "RS-3" Residential and "RO" Residential to
"LO" Low -Intensity Office.
An Ordinance amending the City of South Miami's Land Development Code,
Section 20.4.4 Off-soroet parking requirements; Section 20-7.6 Parking; and
Section 20-7.12 Permitted and special uses and parking requirements.
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Article 111, Sections 20-3.4, 20-3.5 and 20-3.6; Article TV, Sections
204.3, 20-4.5, and 204.5.1; Article V, Sections 20-5.11, 20-5.12, 20-5.13, and
20-5.23; Article VI, 20-6.2.; Article VR, Sections 20-7.14, 20-7.15, 20-7.22,
20-7.24, 20-7.52; Article Vlll. Sections 20-8.9 and 20-9.12: Article 1X, Section
20-9.5; Article X, Sections Section 20-10.4, 20-10.5 and 20-10.9; Article XI,
Section 20-11.9; and to amend the City's Code of Ordinances, Chapter 7,
Section 7-3.1; Chapter 8A, Section 8A-1; Chapter 13 Article X, Section 13-85
to amend the powers of the Environmental Review and Preservation Board and
to make other revisions,
An Ordinance amending Chapter 2, Article I Section 2-2.1(K) titled
"DECORUM" of the City of South Miami's Code of Ordinances.
An Ordinance extending the moratorium on the execution of new parking space
fee agreements and the payment of fees pursuant to such existing agreements by
businesses in the commercially zoned districts in the City.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person
decides to appeal any decision made by this Board. Agency or Commission with respect
to any matter considered at its meeting or hearing, he or she will need a record 01
the proceedings, and that far such purpose, affected person may need to ensure that a 7
verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based.
Professional Services Contract
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
THIS CONTRACT, entered into this L day of I? / L , 20 � 99 by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where
applicable; located at 6130 Sunset Drive, South Miami, FL., E-mail: salexander@southmiamifl.gov and
BECKER & POLIAKOFF with an office and principal place of business located at ALHAMBRA TOWERS,
121 ALHAMBRA PLAZA, 10r" FLOOR, CORAL GABLES, FLORIDA 33134 and E-mail address of
ofrancofteckerlawvers.com and Facsimile transmission number of 305-442-2232 (hereinafter called
the "CONSULTANT.')
WITNESSETH:
WHEREAS, the CITY needs FEDERAL LOBBYING SERVICES; and
WHEREAS, the CITY desires to retain CONSULTANT to provide the required goods and/or
services based on CONSULTANT's representations which reflect that CONSULTANT is qualified and
capable of providing said goods and/or services in a professional and timely manner and in accordance
with the CITY's goals and requirements; and
WHEREAS, CONSULTANT has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the parties agree as follows:
1) Engagement of Contractor: Based on the representations of CONSULTANT as set out in the
following documents the CITY hereby retains CONSULTANT to provide the goods and services set forth in
Scope of Services described in the attached Exhibit 1, including Attachment A, & B from the RFP (all of
which is hereinafter referred to as the Work").
2) Contract Documents: The Contract Documents shall include this Contract, the Scope of
Services described in the attached Exhibit 1, and the CITY's Insurance & Indemnification Requirements
which are attached as Exhibit 2, Contractor/Respondent's Bid Form attached as Exhibit 3,
Contractor/Respondent's Cost and Technical Proposal, attached as Exhibit 4 as well as the solicitation
documents and any attachments or exhibits that are made a part of any of these documents. This Contract,
the solicitation, the scope of services, and the City's Insurance & Indemnification Requirements shall take
precedent over the response to the CITY's solicitation, including the Contractor's Bid Form and Cost and
Technical Proposal.
3) Date of Commencement: CONSULTANT shall commence the performance of the Work under
this Contract on a date to be specified in a Notice to Proceed, or Purchase/Work Order, (hereinafter referred
to as the "Work Commencement Date"). Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on
behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who
shall be designated in a writing signed by the Manager. The Primary Contact Person for CONSULTANT
and his/her contact information is as follows: Name: OMAR FRANCO e-mail:
OFRANCO(cDBECKERLAWYERS.COM; Fax: 305-442-2232 Street Address: ALHAMBRA TOWERS.121
ALHAMBRA PLAZA, 10TH FLOOR, CORAAL GABLES, FL 33134.
5) Scope of Services: The goods and services to be provided are as set forth in Exhibit 1.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance under
the terms and provisions of this Contract (hereinafter referred to as the Contract Price) shall be as set forth
in CONSULTANT's response to the CITY's written solicitation if accepted in writing by the City Manager, or
as amended and signed by the City Manager.
7) Hours of Work: In the event that this Contract requires the performance of services, it is
presumed that the cost of performing the Work after regular working hours, and on Sunday and legal
holidays, is included in the Contract Price.
8) Time Provisions: The term of this Contract shall commence on the Work Commencement
Date and shall continue for Three (3) Years, unless earlier terminated according to the Contract
Documents. Notwithstanding the foregoing, this Contract may be extended by an additional Two (2) Year
period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract
is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the
contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed a total term of Five
(5) Consecutive Years, including any extensions thereto.
9) Termination: This Contract may be terminated without cause by the CITY. This provision
supersedes and takes precedence over any contrary provisions for termination contained in any of the other
Contract Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of
this Contract. Venue for all proceedings shall be in Miami -Dade County, Florida.
11) Duties and Responsibilities: CONSULTANT shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Contract or the goods and services to be performed hereunder
and shall commit no trespass on any private property in performing any of the work embraced by this
Contract. Each and every provision and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and
clauses were included herein.
12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized
in writing and in advance of the work by appropriate action by the City Manager and in accordance with the
Contract Documents.
13) Licenses and Certifications: CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the Work.
14) Insurance, Indemnification & Bonding: CONSULTANT shall comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents.
15) Jury Trial Waiver: The parties waive their right to jury trial.
16) Entire Agreement, Modification, and Non -waiver: The Contract Documents constitute the
entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract
Documents may not be modified or amended except in writing, signed by both parties hereto and if this
Contract is required to be approved by the City Commission, all amendments thereto must be approved in
the same manner and with the same formality as this Contract. The Contract Documents, in general, and
this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No
failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No
waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission.
17) Public Records: CONSULTANT and all of its subcontractors are required to comply with the
public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the
CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this
Project and shall: (a) Keep and maintain public records required by the public agency to perform the service;
(b) Upon request from the public agency's custodian of public records, provide the public agency with a
copy of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that
public records that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law for the duration of the Contract term and following completion of
the Contract if CONSULTANT does not transfer the records to the public agency; and (d) Upon completion
of the Contract, transfer, at no cost, to the public agency all public records in possession of CONSULTANT
or keep and maintain public records required by the public agency to perform the service. If CONSULTANT
transfers all public records to the public agency upon completion of the Contract, CONSULTANT shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If CONSULTANT keeps and maintains public records upon completion of the
Contract, CONSULTANT shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency, upon request from the public agency's
custodian of public records, in a format that is compatible with the information technology systems of the
public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
18) Background Screening. All personnel and volunteers that will provide any service with
vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related
activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level
II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the
scheduled start of any employee or volunteer. CONSULTANT shall prevent any and all of its personnel,
including volunteers, from engaging in any such related activities without having passed a background
screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach
of this Contract.
19) Drug Free Workplace. CONSULTANT shall comply with the Drug Free Workplace policy set
forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference.
20) Transfer and Assignment. None of the work or services under this Contract shall be
subcontracted or assigned without prior written consent from the CITY which may be denied without cause.
21) Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated
and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then
the City, upon written notice to CONSULTANT or its assignee of such occurrence, shall have the unqualified
right to terminate the contract without any penalty or expense.
22) Most Favored Public Entity. CONSULTANT represents that the prices charged to City in the
proposal do not exceed existing prices to other customers for the same or substantially similar items or
services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage
and any other material cost factors. If CONSULTANT's prices decline, or should respondent, at any time
during the term of a contract entered into with City, provide the same goods or services with the same
comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, CONSULTANT shall immediately extend the same prices to City.
23) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by
a method that provides written evidence of delivery, including e-mail and facsimile transmission. Return of
mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for
failure to claim the mail shall be deemed received on the date that the mail is returned to sender.
24) Indemnification. If any of the contract documents provide for indemnification, nothing
contained therein shall imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or
effect.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above
written, with full knowledge of its content and significance and intending to be legally bound by the terns
hereof.
Witnessed:
BY:
Stwamha cwtmi )5
ATTESTED: pp
By. 0&�Nke a Payne
City Clark
�J
Read and Approved as to Form, Language,
Legality and Execution Thereof:
BY '--�
City Attorney
CONSUL
ey.
�OIVTA FRANCO
OFFICE MANAGING PAf}FNER
CI SOUTH MIAMI
By:
even Alexander
City Manager
END OF SECTION
EXHIBIT No. I
SCOPE OF SERVICES
ATTACHMENT A
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
I. PURPOSE:
The purpose of this Solicitation is to seek Proposals of experienced and qualified
individuals and/or firms to advise, counsel, and represent the City of South Miami in
pursuing legislative initiatives, grant applications and awards at the federal government
level.
I1. BACKGROUND:
South Miami is a city in Miami -Dade County, Florida, United States. The population was
10,741 at the 2000 census and according to the U.S. Census Bureau for 2010 it was 11,657.
Population estimates for July 2017 was 12.281.
South Miami uses a City Manager form of government. The Commission sets the policies
and the City Manager acts as the chief executive. According to surveys by the
International City/County Management Association (ICMA), this form of government has
grown from 48% usage in 1996 to 55% usage in 2006. It is most popular in cities with
populations over 10,000, mainly in the Southeast and Pacific coast areas. Commissioners
are elected to four-year terms and the Mayor is elected to a two-year term. The Mayor
heads the meeting and previously made appointments, with approval by the Commission,
to various City Boards; however, this provision was modified on February 9, 2010 to give
all Commissioners the right to appoint with consent of the Commission Board. Elections
are held on the second Tuesday in February in even numbered years for the Mayor and
half of the Commissioners. The Commissioner receiving the most votes is also given the
title of Vice Mayor for the first two years of the term. The next election is scheduled for
February 2020.
South Miami City Government as of February 2019:
* Mayor. Philip Stoddard, Ph.D. (Election 2018)
* Vice Mayor: Walter Harris (Vice Mayor until 2020, Commissioner Group IV until
2022)
* Commissioner Group II: Josh Liebman (Election 2020)
* Commissioner Group I: Louis Gil (Election 2022)
* Commissioner Group III: Robert Welsh (Election 2020)
South Miami is served by the Miami Metrorail at the South Miami Station. The station is at
the intersection of US- I and Sunset Dr., and services the surrounding South Miami
neighborhood, including South Miami Hospital and the City of South Miami government
offices. Refer to Exhibit 1, Scope of Services, Attachment B, "City of South Miami
Street Map."
111. SCOPE:
The scope of work for this project shall include, but not be limited to, the following:
• The selected Respondent shall advise, counsel, and represent the City in pursuing
legislative initiatives, grant applications and awards at the federal level. The firm
34
shall assist the City in preparing its federal and administrative agendas and shall
strategize with the City as requested. The Respondent shall identify topics and
areas of need to legislators, pertinent legislative leaders, federal agencies,
committee chairs and administrative officials.
• Respondent shall coordinate meetings with congressional members and their staff
and agency personnel as appropriate.
• Respondent shall perform functions such as preparing letters, verbal and written
testimonies, arrange and schedule appointments, monitor legislative, executive,
and administrative activities, and communicate effectively with the City and its
elected and appointed officials and their staff, as well as those interest groups
identified by the City.
• Respondent should have a Washington D.C. office and considerable experience
with federal agencies that are comparable to the City's mission.
• Respondent should be able to demonstrate its knowledge and previous experience
working for and lobbying government officials, agencies and staff. The
Respondent's knowledge of the City's major initiatives, projects and priorities is
preferable and advantageous.
• Respondent shall monitor and advise the City on emerging legislation related to
the upcoming Congressional session that could affect the City and the region, in
either a positive or negative manner, and provide recommendations for a course
of action as may be needed.
• Respondent shall assist the City in identifying grants, funding trends, and other
programs that may assist the City and the region in achieving its goals and
priorities.
• Lastly, the Respondent should be very familiar with the various issues faced by
local governments and the potential solutions that can be achieved through federal
government support and participation.
IV. SUBMITTAL FORMAT AND QUALIFICATIONS:
In addition to the forms and documents described in the "Proposal Submittal Checklist
Form," Respondents shall submit proposals by the deadline in the following format
a. Proposal Cover Page: The Cover page shall include the following Contact
information: Legal Name of Respondent; Mailing Address; City, State, Zip Code;
Contact Person & Title; Email Address; Telephone Number; Fax Number.
b. Letter of Introduction:
Provide a brief introduction letter highlighting the overall experience and
qualifications of the Respondent with respect to the services requested under this
Solicitation.
c. Overall Experience/Qualifications of the Respondent/ Firm and its
Personnel:
35
Please include a complete resume of each person's experience and qualifications
who will provide services under this contract for the Respondent.
d. Experience Working with Local Government:
Provide information regarding the Respondent's specific experience working with
or on behalf of local government agencies, providing services similar to those
described herein, over the last five (5) years. Specifically, please identify all current
and/or previous municipal, county, or other local government agencies for which
the Respondent has provided lobbying services, representation or advice over the
last five (5) years and the contractual relationship between the Respondent and
each agency. South Florida experience will be of particular importance if available.
e. References:
Respondent must provide at least three (3) references of clients for which they
have performed work over the last five (5) years similar in scope and complexity
to the services requested in this Solicitation. Preferably, such references should
include local government agencies for which the Respondent has provided said
services within the last five (5) years.
V. TERM:
The term of this agreement shall be for a period of three (3) consecutive years,
commencing on the contract's initial effective date. Prior to, or upon completion, of that
initial term, the City shall have the option -to -renew the contract for one (1) additional
two (2) year period for a maximum total of five (5) consecutive years.
The Option -to -Renew is at the discretion of the City Manager and shall commence on
anniversary date of the initial three-year terms. This prerogative may be exercised only
when such continuation is clearly in the best interest of the City.
VI. PRICING:
Respondents shall submit their price proposal as an "All Inclusive Price" for each year
of the agreement and a total for the five (5) year term. Respondents must complete and
submit Exhibit 3, "Respondents Bid Proposal," and, Exhibit 4, "Respondents Cost and
Technical Proposal." Failure to do so, may render a Respondents proposal as non-
responsive.
END OF SECTION
001
EXHIBIT No. I
SCOPE OF SERVICES
ATTACHMENT B
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
"City of South Miami Street Map"
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Legend
City's Roads
State Roads
County Roads
Roads2010around
City of South Miami
0 0.1 0.2 0.3 0.4
Miles
Mileage totals
for each category:
City of South Miami
(CSM) roads = 46.80 miles;
(Miami -Dade) County
roads = 8.33 miles;
State (of Florida)
roads = 2.57 miles.
Made by City of South Miami
Engineenng & Construction,
3/1912010
GIs Data by Miami -Dade County,
3/2010
EXHIBIT 2
Insurance & Indemnification Requirements
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liabiliinsurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
39
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional
One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in these insurance and indemnification requirements, other than
the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage', or "personal and advertising injury' and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
40
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
41
RFP #CSM2019-05
Federal Lobbying Services
City o/ South Miami
March 27, 2019
Page 122
Exhibit 3
Becker
Respondents Bid Form
www.beckerlawyers.com Florida I New Jersey I New York I Washington, 0 C
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with
the City of South Miami in the form included in this Solicitation Package and to perform and furnish
all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of
Services, Attachments A & B) for the Proposed Price as set forth below, within the Contract Time
and in accordance with the other terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to
Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond,
if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of
the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of
the terms and conditions of the form of contract that is a part of the Solicitation package with
appropriate changes to conform to the information contained in this Bid Form. Respondent agrees
to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and
other documents required by the Solicitation, including the Contract if not already submitted, within
ten (10) calendar days after the date of the City's Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following
Addenda, if any (receipt of all which is hereby acknowledged.)
Addendum No. N I A Dated: N 1 A
b. Respondent has familiarized himself with the nature and extent of the Contract
Documents, the proposed work, site, locality, and all local conditions and laws and
regulations that in any manner may affect cost, progress, performance or furnishing of the
Work.
c. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted pursuant to any agreement or rules of any
group, association, organization, or corporation; Respondent has not directly or indirectly
induced or solicited any other Respondent to submit a false or sham Proposal; Respondent
has not solicited or induced any person, firm or corporation to refrain from responding; and
Respondent has not sought by collusion or otherwise to obtain for itself any advantage
over any other Respondent or over the CITY.
4. Respondent understands and agrees that if the Respondent is awarded the contract, any
estimate that is given for any work shall include all amounts that are needed to meet the scope of
services. If this Solicitation requires the completion of a Respondents Cost and Technical
Proposal, Exhibit 4 as may be set forth in an exhibit to this Solicitation, such proposal must
be attached to this Respondents Bid Form and will take the place of the Lump Sum Price,
otherwise, the Contract Price for the completed work is as follows:
"Refer to Exhibit 4, Respondents Cost and Technical Proposal"
A fee breakdown for each task included in the lump sum contract price, if applicable, must be
provided. Failure to provide this information may render the proposal non -responsive.
5. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
BECKER & POLIAKOFF
Address:
ALHAMBRA TOWERS, 121 ALHAMBRA PLAZA,10 TM FLOOR,
CORAL GABLES, FL 33134
Telephone:
305-260-1049
Facsimile:
306-442.2232
Contact Person
OMAR FRANCO
6. The terms used in this Proposal which are defined in the Contract shall have the same meaning
as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation
Package.
7. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby
certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal,
if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as
part of this Respondents Bid Form, and are made a part of this proposal, by reference.
8. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and I agree to be bound by those
terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the
appropriate information contained in the Solicitation Documents and this Proposal, or such
information that the City and I have agreed upon in the course of contract negotiations and which
have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify
under penalty of perjury that I am the lawful representative of the business entity referenced in this
Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that
entity and bind it to those contract terms and that all of the information and representations
contained herein are true and correct to the best of my knowledge, information and belief.
e/vi S-E
SUBMITTED THIS d%J * DAY OF MARCH, 2019.
PROPOSAL SUBMITTED BY:
BECKER & POLIAKOFF
Company
OMARFRANCO
Name o Authorized t mit Proposal
Signature
OFFICE MANAGING DIRECTOR
Title
305-260-1049
Telephone Number
305-442-2232
Fax Number
Odra" orNiu,UxlbW yens . com
Email Address
RFP #CSM2019-05
Federal Lobbying Services
City of South Miami
March 27, 2019
Page 123
Exhibit 4
= M
Respondents Cost and
Technical Proposal
www.beckerlawyers com Florida I New Jersey I New York I Washington, D C
RESPONDENTS COST AND TECHNICAL PROPOSAL
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
"RESPONDENTS SHALL COMPLETE AND SUBMIT THE "RESPONDENTS COST AND TECHNICAL
PROPOSAL IN ITS ENTIREITY, IN ACCORDANCE WITH EXHIBIT 1, SCOPE OF SERVICES,
ATTACHMENTS A & B. FAILURE TO DO SO, MAY RENDER A RESPONDENTS PROPOSAL AS NON-
RESPONSIVE"
All Inclusive Price:
Year I
$
30,
QoD
Year 2
$
Year 3
$
0
(Dc)()
Year 4
$
D00
Year 5
$
3c)
O-C)
5 - Year Total
$
l5_O,
000
1q St
SUBMITTED THIS Z DAY OF MARCH 2O19.
PROPOSAL SUBMITTED BY:
BECKER & POLIAKOFF
Company
OMARFRANC
Name 6 horized t mit Proposal
Signature
OFFICE MANAGING DIRECTOR
Title
305-260-1049
Telephone Number
305-442-2232
Fax Number
gvQy)w obeGYPirlwyo . com
Email Address
I�1'
South Miami
111E CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
SUBMITTAL DUE DATE: March 27, 2019 at 10 AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid) to "City" shall be a reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to
mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFP #CSM2019-05 "Federal Lobbying
Services." The purpose of this Solicitation is to contract for the services necessary for the completion of the
project in accordance with the Scope of Services, (Exhibit I, Attachments A & B,) and Respondent's Cost
and Technical Proposal, or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred
to as "the Project" or "Project').
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City
Clerk's office Monday through Friday from 9:00 a.m. to 5:00 p.m. or by accessing the following webpage:
http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package,
including all documents listed in the Solicitation.
The Proposal Package shall consist of one (1) original unbound proposal, five (5) additional copies, (three (3) ring
binders are not permitted), and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all
of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive,
South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and
shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container
in which the sealed proposal is delivered: "Federal Lobbying Services," RFP #CSM2019-05 the name of the
Respondent person or entity responding to the Solicitation.
Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the
required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office
of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M. local time (the "Closing Date") on
March 27, 2019.
A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City
Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 a.m. local time on said date will not
be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved
against the person submitting the proposal and in favor of the Clerk's receipt stamp. Hand delivery must be
made Monday through Friday from 9 A.M. to 5 P.M., unless a different time is provided above for the
Closing Date, to the office of City Clerk.
Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms,
conditions, affidavits and documents contained in this Solicitation Package. The City reserves the right to award the
Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to
the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any
irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project,
and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal
Price or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate
Respondent.
Nkenga A. Payne, CMC
City Clerk
City of South Miami
SCOPE OF SERVICES and SCHEDULE OF VALUES
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I.
END OF SECTION
SCHEDULE OF EVENTS
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
Time*
No
Event
Date*
(EST)
I
Advertisement/ Distribution of Solicitation & Cone of Silence
be ins
03/06/2019
10:00 AM
2
Pre-RFP Meeting: NONE SCHEDULED
NIA
NIA
3
Deadline to Submit Questions
03/20/2019
10:00 AM
4
Deadline to City Responses to Questions
03/22/2019
10:00 AM
5
Deadline to Submit RFP Response
03/27/2019
10:00 AM
6
Projected Announcement of selected Contractor/Cone of
Silence ends
04/ 16/2019
7:00 PM
END OF SECTION
INSTRUCTIONS for RESPONDENT
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
I. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive
price for the Project The City reserves the right to award the contract to the Respondent whose proposal is
found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami.
The City reserves the right, before recommending any award, to inspect the offices and organization or to take
any other action necessary to determine ability to perform in accordance with the specifications, terms and
conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact The awarded firm shall appoint a person to act as a primary contact with the City of South
Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person,
and shall be knowledgeable of the terms of the contract
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing signed under penalty of perjury, stating how the error was
made and delivers adequate documentation to the City to support the explanation and to show that
the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation.
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10
AM, March 20, 2019 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick southmiamifl.eov or via facsimile at (305) 669-2636.
I7
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications shall be without legal effect No plea by a Respondent of ignorance or
the need for additional information shall exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in
accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence
ordinance, Section 8A-7, has been duplicated at the end of these instructions.
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact shall only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying information.
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire decision -making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact shall only
be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited 'or unsolicited, is considered to be
a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist
14. Reservation of Right The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project The City,
however, reserves the right, in its sole discretion, to do any of the following.
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
5
i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its
employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee, contractor or sub -consultant, working
in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list pursuant to Chapter
287 following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to
provide.any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids, proposals,
or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink..
All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal
shall be delivered on or before the date and time, and at the place and in such manner as set forth in the
Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the
Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the
following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this Solicitation the following applies:
a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall
be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so
shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered
within ten (10) calendar days of the request The City shall not be responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on this
Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
X
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The
Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent Respondents shall furnish a
certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami -Dade County Code or City of South Miami Code. These documents shall be furnished to the City
as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for
this Project
20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2, prior
to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the
contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the
City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract A response to this Solicitation shall not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract In addition, the price,
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
materials, references, and past history of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended,
when requested shall be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's
favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover
its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court
costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for
this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent
7
26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the
contract.
27. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition,
if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds shall be with a surety company authorized to do business in the State of Florida.
28.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
28.2. Each Performance Bond shall continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
28.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project
28.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the
Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide
CITY with evidence of such recording.
28.6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
29. Proposal Guarantee. Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required. The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond.
30. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre -proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as
a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any
part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the
City of South Miami or the compensation of the Respondent The Respondent, following receipt of a survey of
the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided
subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of
any additional costs required by such conditions and the City shall have the right to reject the proposal and
award the contract to the second most responsive, responsible bidder with the lowest price or to reject all
bids.
31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
8
32. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Respondent's Bid Form found on EXHIBIT 3 and a Respondent's Cost and Technical
Proposal, EXHIBIT 4, if any, which is a part of this Solicitation Package.
33. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal
when it is in the best interest of the City.
34. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of
materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
35. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City
in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies,
fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is in default of any prior contract with the City may have their bid considered until the
default is cured to the satisfaction of the City Manager.
36. Bid Protest Procedure. See attached EXHIBIT 6.
37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as NIA.
38. Availability of Contract - Any Governmental or quasi -governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful bidder(s)lproposer(s) is/are in
agreement Each Governmental or quasi -governmental entity which uses this formal solicitation and resulting
bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase
orders, be invoiced there from and make its own payments, determine shipping terms and issue its own
exemption certificates as required by the successful bidders)/proposer(s).
39. Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful Bidder or their assignee of such occurrence, shall
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent shall
immediately extend the same prices to City.
41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and
confidential information, the Respondent shall provide a redacted copy of the document and an unredacted
copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable
statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly
listed" confidential document). The failure to properly list a confidential document or the failure to redact a
confidential document that is only partially confidential shall result in the waiver of any claim that the document
is confidential or that the unredacted document contains confidential information. If any person or entity
requests that the City produce or disclose any of said purported confidential information or documents, the
City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
9
a protective order, the City will produce the requested information or document. The City shall not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for
any damages and costs the City may incur due to the Respondent's claim that its document or information is
confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum.
42. Definitions. The following definitions shall govern the interpretation of this RFP:
"Certify", including all of its tenses, such as "certifies", "certifying" and "certified", shall mean the act of swearing
or affirming under penalty of perjury that the facts that are being "certified" are true and correct and it shall be
accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalty of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
43. Tie Bids. In the event of tie bids, Respondents shall be directed to submit sealed Best and Final Offers and
deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida
33143. The "Best and Final Offers" shall be enclosed in a sealed envelope or container and shall have the
following Information clearly printed or written on the exterior of the envelope or container in which the sealed
proposal is delivered: "Best and Final Offers". On the second line of the envelope insert the Project Name and
Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to
be legally bound to perform the contractual obligations if awarded the contract.
44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee
to re -score the Respondents submittals and, shall continue the re -scoring until the tie is broken, and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re -advertised.
END OF SECTION
10
CONE OF SILENCE ORDINANCE, SECTION 8A-7
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. 8A-7. Cone of Silence:
(A) Definitions.
(1) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("UP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the
"Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder;
(hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff' means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(1) Communications at a duly noticed pre -bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.01 13;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
11
(4) Written communication at any time with any City professional staff (not including
selection, evaluation or negotiation committee members), unless specifically prohibited by the
applicable competitive solicitation documents. This section shall not be construed to prevent
written communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of
silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or
Bidder's Representative. The City Clerk shall make copies available to any person upon
request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
12
PROPOSAL SUBMITTAL CHECKLIST FORM
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response shall include the following items:
Proposal Package shall consist of one (1) original unbound
X proposal, fine (5) additional copies, (three (3) ring binders are not
permitted) and one (1) digital (or comparable medium including
Flash Drive, DVD or CD) copy
X Indemnification and Insurance Documents EXHIBIT 2
X Respondents Bid Form. EXHIBIT 3
X Respondents Cost and Technical Proposal, EXHIBIT 4
X Signed Professional Services Contract EXHIBIT 5
X Respondents Qualification Statement
X List of Proposed Subcontractors and Principal Suppliers
X Non -Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
x Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
13
RESPONDENT QUALIFICATION STATEMENT
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
1. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name:
Owner Address:
14
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
15
3. Current workload
OwnerProject Name
4. The following information shall be attached to the proposal.
a) RESPONDENTS home office organization chart
b) RESPONDENTs proposed project organizational chart
c) Resumes of proposed key project personnel, including on -site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi -Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
16
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project
Name of Agenc�r.
Address:
Telephone No.:
Contact Person:
Type of Project:
17
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this
Solicitation to be used on this project if they are awarded the Contract.
Classification of Work
Administrative
Subcontractor Name
Address
Telephone, Fax &
Email
Other:
This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP.
END OF SECTION
HN
NON- COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
being first duly sworn, deposes and states that:
(1) He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or
agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has been submitted; or to
refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or
indirectly, sought by agreement or collusion, or communication, or conference with any Respondent,
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
Signature
Print Name and Title
Date
On this the day of , 24 , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
19
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
at,
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
by
for
This sworn statement is submitted to
[print name of the public entity]
[print individual's name and title]
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutesmeans
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
21
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
S. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this day of , 20
Personally known
OR Produced identification
(Type of identification)
Form PUR 7068 (Rev.06/ 11 /92)
Notary Public — State of
My commission expires
(Printed, typed or stamped commissioned
name of notary public)
22
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
RESPONDENrs Signature:
Print Name:
Date:
23
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the FEDERAL LOBBYING SERVICES RFP #CSM2019-05 Project as specified have
the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act
of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of
South Miami and NIA (Consultant, if any) against any and all liability, claims, damages, losses and expenses they
may incur due to the failure of (Sub -contractor's names):
to comply with such act or regulation.
CONTRACTOR
Witness
BY:
Name
Title
24
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
gip:/Iwww.dms.mAorida.com/business operations/state purchasing/vendor information/convicted suso
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct:
(1) 1 represent the Respondent whose name is
(2) 1 have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) 1 have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business —
operations/state_purchasing/vendor_information/convicted_suspended_di
scri m inato ry_complaints_vendor_lists
(4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit
Check if
Applicable
_ Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
_ Federal Excluded Parties List
_ Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
(Print name of Declarant)
(Signature of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the _ day of , 20 , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL
(Name of Notary Public: Print,
Stamp or type as commissioned.)
25
RELATED PARTY TRANSACTION VERIFICATION FORM
I , individually and on behalf of
("Firm") have Name of Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belies:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
26
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
(if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following.
(if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature:
Print Name & Title:
Date:
27
Sec. 8A-1. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) De funcions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(S) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
28
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of.
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited
No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
0) Prohibition on outside employment.
29
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section 1-11 of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
30
(b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord No. 6-99-1680, § 2, 3-2-99)
Editor's note Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ 8A-I and 8A-2 in their entirety and replaced
them with new §§
8A- I and 8A-2. Former §§ 8A- I and 8A-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A- 1), 1 (1 A-2) adopted Jan.11, 1969.
31
PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, shall not be required to pay any registration
fees. No person shall appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay
any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Executed this day of .20
Signature of Representative
Print Name and Title
Print name of entity being represented
END OF SECTION
�N
NOTICE OF AWARD
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
The City has considered the Proposal submitted by your firm for the FEDERAL LOBBYING SERVICES
RFP #CSM2019-OS Project in response to its advertisement for Request for Proposal and Instructions to
Respondents.
You are hereby notified that your Proposal has been accepted for the FEDERAL LOBBYING SERVICES
RFP #CSM2019-05 Project in the amount set forth in the Respondents Cost and Technical Proposal,
Exhibit 4.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, if required by this
solicitation, the required insurance documentation within ten (10) calendar days from the date of this notice, the
CITY shall have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the
award and retain the Proposal/Bid Bond/Security, if any has been given. Please be advised that if the contract price
exceeds $5,000.00 or if it is a multi -year contract requiring payment out of more than one year's appropriation, the
award and the contract must be approved by the City Commission before it is binding on the City.
BY:
Steven Alexander
City Manager
Dated this day of , 20
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
On this the day of .20
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
END OF SECTION
W
EXHIBIT No. I
SCOPE OF SERVICES
ATTACHMENT A
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
I. PURPOSE:
The purpose of this Solicitation is to seek Proposals of experienced and qualified
individuals and/or firms to advise, counsel, and represent the City of South Miami in
pursuing legislative initiatives, grant applications and awards at the federal government
level.
II. BACKGROUND:
South Miami is a city in Miami -Dade County, Florida, United States. The population was
10,741 at the 2000 census and according to the U.S. Census Bureau for 2010 it was 11,657.
Population estimates for July 2017 was 12.281.
South Miami uses a City Manager form of government. The Commission sets the policies
and the City Manager acts as the chief executive. According to surveys by the
International City/County Management Association (ICMA), this form of government has
grown from 48% usage in 1996 to 55% usage in 2006. It is most popular in cities with
populations over 10,000, mainly in the Southeast and Pacific coast areas. Commissioners
are elected to four-year terms and the Mayor is elected to a two-year term. The Mayor
heads the meeting and previously made appointments, with approval by the Commission,
to various City Boards; however, this provision was modified on February 9, 2010 to give
all Commissioners the right to appoint with consent of the Commission Board. Elections
are held on the second Tuesday in February in even numbered years for the Mayor and
half of the Commissioners. The Commissioner receiving the most votes is also given the
title of Vice Mayor for the first two years of the term. The next election is scheduled for
February 2020.
South Miami City Government as of February 2019:
* Mayor. Philip Stoddard, Ph.D. (Election 2018)
* Vice Mayor: Walter Harris (Vice Mayor until 2020, Commissioner Group IV until
2022)
* Commissioner Group 11: Josh Liebman (Election 2020)
* Commissioner Group I: Louis Gil (Election 2022)
* Commissioner Group III: Robert Welsh (Election 2020)
South Miami is served by the Miami Metrorail at the South Miami Station. The station is at
the intersection of US- I and Sunset Dr., and services the surrounding South Miami
neighborhood, including South Miami Hospital and the City of South Miami government
offices. Refer to Exhibit i, Scope of Services, Attachment B, "City of South Miami
Street Map."
II1. SCOPE:
The scope of work for this project shall include, but not be limited to, the following:
• The selected Respondent shall advise, counsel, and represent the City in pursuing
legislative initiatives, grant applications and awards at the federal level. The firm
34
shall assist the City in preparing its federal and administrative agendas and shall
strategize with the City as requested. The Respondent shall identify topics and
areas of need to legislators, pertinent legislative leaders, federal agencies,
committee chairs and administrative officials.
• Respondent shall coordinate meetings with congressional members and their staff
and agency personnel as appropriate.
• Respondent shall perform functions such as preparing letters, verbal and written
testimonies, arrange and schedule appointments, monitor legislative, executive,
and administrative activities, and communicate effectively with the City and its
elected and appointed officials and their staff, as well as those interest groups
identified by the City.
• Respondent should have a Washington D.C. office and considerable experience
with federal agencies that are comparable to the City's mission.
• Respondent should be able to demonstrate its knowledge and previous experience
working for and lobbying government officials, agencies and staff. The
Respondent's knowledge of the City's major initiatives, projects and priorities is
preferable and advantageous.
• Respondent shall monitor and advise the City on emerging legislation related to
the upcoming Congressional session that could affect the City and the region, in
either a positive or negative manner, and provide recommendations for a course
of action as may be needed.
• Respondent shall assist the City in identifying grants, funding trends, and other
programs that may assist the City and the region in achieving its goals and
priorities.
• Lastly, the Respondent should be very familiar with the various issues faced by
local governments and the potential solutions that can be achieved through federal
government support and participation.
IV. SUBMITTAL FORMAT AND QUALIFICATIONS:
In addition to the forms and documents described in the "Proposal Submittal Checklist
Form," Respondents shall submit proposals by the deadline in the following format:
a. Proposal Cover Page: The Cover page shall include the following Contact
information: Legal Name of Respondent; Mailing Address; City, State, Zip Code;
Contact Person & Title; Email Address; Telephone Number; Fax Number.
b. Letter of Introduction:
Provide a brief introduction letter highlighting the overall experience and
qualifications of the Respondent with respect to the services requested under this
Solicitation.
c. Overall Experience/Qualifications of the Respondent/ Firm and its
Personnel:
35
Please include a complete resume of each person's experience and qualifications
who will provide services under this contract for the Respondent.
d. Experience Working with Local Government:
Provide information regarding the Respondent's specific experience working with
or on behalf of local government agencies, providing services similar to those
described herein, over the last five (5) years. Specifically, please identify all current
and/or previous municipal, county, or other local government agencies for which
the Respondent has provided lobbying services, representation or advice over the
last five (5) years and the contractual relationship between the Respondent and
each agency. South Florida experience will be of particular importance if available.
e. References:
Respondent must provide at least three (3) references of clients for which they
have performed work over the last five (5) years similar in scope and complexity
to the services requested in this Solicitation. Preferably, such references should
include local government agencies for which the Respondent has provided said
services within the last five (5) years.
V. TERM:
The term of this agreement shall be for a period of three (3) consecutive years,
commencing on the contract's initial effective date. Prior to, or upon completion, of that
initial term, the City shall have the option -to -renew the contract for one (1) additional
two (2) year period for a maximum total of five (5) consecutive years.
The Option -to -Renew is at the discretion of the City Manager and shall commence on
anniversary date of the initial three-year terms. This prerogative may be exercised only
when such continuation is clearly in the best interest of the City.
VI. PRICING:
Respondents shall submit their price proposal as an "All Inclusive Price" for each year
of the agreement and a total for the five (5) year term. Respondents must complete and
submit Exhibit 3, "Respondents Bid Proposal," and, Exhibit 4, "Respondents Cost and
Technical Proposal." Failure to do so, may render a Respondents proposal as non-
responsive.
END OF SECTION
36
EXHIBIT No. I
SCOPE OF SERVICES
ATTACHMENT B
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
"City of South Miami Street Map"
37
I=I
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B
Legend
City's Roads
State Roads
777unRoads
Roads2010around
City of South Miami
0 0.1 0.2 0.3 0.4
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Miles
Mileage totals
for each category:
City of South Miami
(CSM) roads = 46.80 miles,
(Miami -Dade) County
roads = 8.33 miles,
State (of Florida)
roads = 2.57 miles.
Made by City of South Miami
Engineenng & Constiiction,
3/19/2010
GIs Data by Miami -Dade County,
312010
EXHIBIT 2
Insurance & Indemnification Requirements
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to' Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers"
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally, The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
39
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional
One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in these insurance and indemnification requirements, other than
the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of `bodily injury", `property
damage', or "personal and advertising injury' and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
Ell]
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E: If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractorlsubcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract
END OF SECTION
41
EXHIBIT 3
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A
& B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association, organization,
or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to
submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation
to refrain from responding, and Respondent has not sought by collusion or otherwise to obtain for itself
any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that if the Respondent is awarded the contract, any estimate that is
given for any work shall include all amounts that are needed to meet the scope of services. If this Solicitation
requires the completion of a Respondents Cost and Technical Proposal, Exhibit 4 as may be set forth
in an exhibit to this Solicitation, such proposal must be attached to this Respondents Bid Form
and will take the place of the Lump Sum Price, otherwise, the Contract Price for the
completed work is as follows:
"Refer to Exhibit 4, Respondents Cost and Technical Proposal"
A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided.
Failure to provide this information may render the proposal non -responsive.
42
5. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
6. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned
to them in the Contract Documents, unless specifically defined in this Solicitation Package.
7. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies
that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit
is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents
Bid Form, and are made a part of this proposal, by reference.
8. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct to the best of my knowledge,
information and belief.
SUBMITTED THIS DAY OF 20,
PROPOSAL SUBMITTED BY:
Company
Name of Person Authorized to Submit Proposal
Signature
Title
Telephone Number
Fax Number
Email Address
END OF SECTION
EXHIBIT 4
RESPONDENTS COST AND TECHNICAL PROPOSAL
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
"RESPONDENTS SHALL COMPLETE AND SUBMIT THE "RESPONDENTS COST AND
TECHNICAL PROPOSAL IN ITS ENTIREITY, IN ACCORDANCE WITH EXHIBIT I,
SCOPE OF SERVICES, ATTACHMENTS A & B. FAILURE TO DO SO, MAY RENDER A
RESPONDENTS PROPOSAL AS NON -RESPONSIVE"
43
All Inclusive Price:
Year 1
$
Year 2
$
Year 3
$
Year 4
$
Year S
$
S — Year Total
$
SUBMITTED THIS DAY OF 20
PROPOSAL SUBMITTED BY:
Company
Name of Person Authorized to Submit Proposal
Signature
Title
Telephone Number
Fax Number
Email Address
END OF SECTION
44
EXHIBIT 5
Professional Services Contract
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
THIS CONTRACT, entered into this _ day of 20_, by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL , E-mail: salexanderta7southmiamifl.gov
and with an office and principal place of business located at
and F_mnil adriracc of and Farcimilp
transmission number of
(hereinafter called the "CONSULTANT.")
WITNESSETH:
WHEREAS, the CITY needs FEDERAL LOBBYING SERVICES; and
WHEREAS, the CITY desires to retain CONSULTANT to provide the required goods and/or
services based on CONSULTANT's representations which reflect that CONSULTANT is qualified and
capable of providing said goods and/or services in a professional and timely manner and in accordance
with the CITY s goals and requirements; and
WHEREAS, CONSULTANT has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of CONSULTANT as set out
in the following documents the CITY hereby retains CONSULTANT to provide the goods and services
set forth in Scope of Services described in the attached Exhibit I, including Attachment A, & B from the
RFP (all of which is hereinafter referred to as the Work").
2) Contract Documents: The Contract Documents shall include this Contract, the Scope of
Services described in the attached Exhibit I, and the CITY's Insurance & Indemnification Requirements
which are attached as Exhibit 2, Contractor/Respondents Bid Form attached as Exhibit 3,
Contractor/Respondent's Cost and Technical Proposal, attached as Exhibit 4 as well as the solicitation
documents and any attachments or exhibits that are made a part of any of these documents. This
Contract, the solicitation, the scope of services, and the City's Insurance & Indemnification Requirements
shall take precedent over the response to the CITY s solicitation, including the Contractor's Bid Form
and Cost and Technical Proposal.
3) Date of Commencement: CONSULTANT shall commence the performance of the Work
under this Contract on a date to be specified in a Notice to Proceed, or Purchase/Work Order,
(hereinafter referred to as the "Work Commencement Date"). Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this Contract
on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee,
who shall be designated in a writing signed by the Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: e-mail:
; Fax Street Address:
5) Scope of Services: The goods and services to be provided are as set forth in Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANTS performance
under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) shall be
as set forth in CONSULTANT's response to the CITY's written solicitation if accepted in writing by the
City Manager, or as amended and signed by the City Manager.
45
7) Hours of Woric In the event that this Contract requires the performance of services, it is
presumed that the cost of performing the Work after regular working hours, and on Sunday and legal
holidays, is included in the Contract Price.
8) Time Provisions: The term of this Contract shall commence on the Work Commencement
Date and shall continue for Three (3) Years, unless earlier terminated according to the Contract
Documents. Notwithstanding the foregoing, this Contract may be extended by an additional Two 2
Year period if the extension is in writing and signed by the City Manager. An extension of the term of
this Contract is at the CITY s sole and absolute discretion. In any event, and notwithstanding any other
provision to the contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed
a total term of Five (S) Consecutive Years, including any extensions thereto.
9) Termination: This Contract may be terminated without cause by the CITY. This provision
supersedes and takes precedence over any contrary provisions for termination contained in any of the
other Contract Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement
of this Contract Venue for all proceedings shall be in Miami -Dade County, Florida.
1 1) Duties and Responsibilities: CONSULTANT shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Contract or the goods and services to be performed hereunder
and shall commit no trespass on any private property in performing any of the work embraced by this
Contract Each and every provision and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and
clauses were included herein.
12) Change Orders: No additional Work or extras shall be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents.
13) Licenses and Certifications: CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the Work.
14) Insurance, Indemnification & Bonding: CONSULTANT shall comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents.
I S) Jury Trial Waiver: The parties waive their right to jury trial.
16) Entire Agreement, Modification, and Non -waiver. The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Contract is required to be approved by the City Commission, all amendments thereto must be
approved in the same manner and with the same formality as this Contract The Contract Documents, in
general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of
the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate
as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission.
17) Public Records: CONSULTANT and all of its subcontractors are required to comply with
the public records law (s.1 19.0701) while providing goods and/or services on behalf of the CITY and the
CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this
Project and shall: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c)
Ensure that public records that are exempt or confidential and exempt from public records disclosure
46
requirements are not disclosed except as authorized by law for the duration of the Contract term and
following completion of the Contract if CONSULTANT does not transfer the records to the public
agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of CONSULTANT or keep and maintain public records required by the public
agency to perform the service. If CONSULTANT transfers all public records to the public agency upon
completion of the Contract, CONSULTANT shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and
maintains public records upon completion of the Contract, CONSULTANT shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format that is compatible
with the information technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South
Miami, FL .33143.
18) Background Screening. All personnel and volunteers that will provide any service with
vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such
related activity or who may have access to secure or sensitive areas of the City, must be in compliance
with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior
to the scheduled start of any employee or volunteer. CONSULTANT shall prevent any and all of its
personnel, including volunteers, from engaging in any such related activities without having passed a
background screening to the satisfaction of the City. A violation of this requirement shall constitute a
substantial breach of this Contract.
19) Drug Free Workplace. CONSULTANT shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by
reference.
20) Transfer and Assignment. None of the work or services under this Contract shall be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
2 1 ) Non -Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
contract, then the City, upon written notice to CONSULTANT or its assignee of such occurrence, shall
have the unqualified right to terminate the contract without any penalty or expense.
22) Most Favored Public Entity. CONSULTANT represents that the prices charged to
City in the proposal do not exceed existing prices to other customers for the same or substantially
similar items or services for comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or should
respondent, at any time during the term of a contract entered into with City, provide the same goods
or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT shall immediately extend the
same prices to City.
23) Notices. All notices given or required under this Contract shall be deemed sufficient if sent
by a method that provides written evidence of delivery, including e-mail and facsimile transmission.
Return of mail, sent to the address contained herein for the parties or their contact persons, as not
deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned
to sender.
24) Indemnification. If any of the contract documents provide for indemnification, nothing
contained therein shall imply that the City has waived its sovereign immunity as provided by Florida
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Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no
force or effect.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date
first above written, with full knowledge of its content and significance and intending to be legally bound by
the terms hereof.
CONSULTANT:
Witnessed:
By:
ATTESTED:
By:
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof -
By:
City Attorney
By:
[name of signatory]
CITY OF SOUTH MIAMI
By:
END OF SECTION
Steven Alexander
City Manager
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EXHIBIT b
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL
PROCEDURE)
FEDERAL LOBBYING SERVICES
RFP #CSM2019-05
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved
in connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is
considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection
with the recommended award of a contract and who wishes to protest the award, shall file a written
notice of intent to file a protest with the City Clerk's office within three calendar days after the City
Commission meeting at which the recommendation is considered for action. A notice of intent to file a
protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when
stamped with the City Clerk's receipt stamp containing the date and time of receipt.
(b) Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter")
and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice
of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required
filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and
filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must
appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also
appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a
receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk
may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received
until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in
cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the
check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt. The
Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it
shall describe and attach all pertinent documents and evidence relevant and material to the protest and it
shall be accompanied by any required filing. The basis for review of the protest shall be the documents
and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation,
or other evidence not specifically described in and attached to the Protest Letter at the time of its filing
shall be permitted or considered in support of the protest.
(c) Computation of time. No time will be added to the above time limits for service by mail. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in
which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
(d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria
or any formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose
offer may not be the lowest bid price.
(e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney,
shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City
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Manager may then, submit a recommendation to the City Commission for approval or disapproval of the
protest, resolve the protest without submission to the City Commission, or reject all proposals.
(f) Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter
filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation
or with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
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