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Res No 167-20-15607RESOLUTION NO. 167-20-15607 A Resolution authorizing the City Manager to enter into a multi -year agreement with My PR Guru, LLC for public relations consulting services. WHEREAS, the City issued a Request for Proposals for Public Relations Consulting Services; and WHEREAS, five submittals were received including from Diaz Consulting, INK Marketing, Market Media, Quest Corporation of America, and My PR Guru; and WHEREAS, a selection committee, comprised of Chairperson Samantha Fraga-Lopez, Assistant City Manager; Yvette Valdez, Special Events Coordinator; and, Marcus Lightfoot, Senior Planning and Zoning Administrator reviewed each proposal on November 4, 2020; and WHEREAS, the committee scored and ranked the respondents and, is recommending the highest ranked respondent, My PR Guru for the award; and WHEREAS, My PR Guru scored 290 out of a possible 300 and the next ranked respondent came in at 260; and WHEREAS, My PR Guru will be responsible for the City Newsletter, which is published on the City's website and disseminated via e-mail as well as for the City's Social Media Services; and WHEREAS, in comparison to the other respondents, My PR Guru has extensive experience, particularly working directly with municipalities. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to enter into a multi -year agreement with My PR Guru, LLC for Public Relations Consulting Services. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. 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, the holding shall Page 1 of 2 Res. No. 167-20-15607 not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 1711 day of November, 2020. ATTEST: APPROV CITY CL RK MAYOR READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITYAND EXECUTION THEREOF CI ATTORNEY COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Item No:10. City Commission Agenda Item Report Meeting Date: November 17, 2020 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a multi -year agreement with My PR Guru, LLC for public relations consulting services. 3/5 (City Manager) Suggested Action: Attachments: Update d_Memo_PubIic_ReIations 11420.docx Updated Reso_Public_Relations_Consultant.docx CORRECTED Bid Tabulation Pub Relations.pdf PR GURU Bidding Doc.pdf FINAL Rankings Public Relations 11.4.20.pdf FINAL RFP Public Relations Consultant ServicesCArev92520.pdf Sun Biz M PR Guru.pdf RFP HR2020-22.pdf Demand Star RFP HE2020-22.xlsx Miami Herald Ad.pdf MDBR Ad.pdf 1 CITY OF SOUTH MIAMI South miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager DATE: November 17, 2020 SUBJECT: A Resolution authorizing the City Manager to enter into a multi- year agreement with My PR Guru, LLC for public relations consulting services. BACKGROUND: The City issued a Request for Proposals for "Public Relations Consulting Services:' Five submittals were received: I. Diaz Consulting 2. INK Marketing 3. Market Media 4. Quest Corporation of America 5. My PR Guru A selection committee, comprised of Chairperson Samantha Fraga-Lopez, Assistant City Manager; Yvette Valdez, Special Events Coordinator; and, Marcus Lightfoot, Senior Planning and Zoning Administrator reviewed each proposal on November 4, 2020. The committee scored and ranked the respondents and, is recommending the highest ranked respondent, My PR Guru for the award. The combined Final Rankings are below: Evaluator DIAZ INK MARKET QUEST PR GURU CONSULTING MARKETING MEDIA Samantha Fraga- 71 71 83 85 95 Lopez Yvette Valdez 52 70 80 95 98 Marcus Lightfoot 67 77 84 80 97 TOTAL 190 218 247 260 290 RANK 5 1 4 3 2 1 My PR Guru will be responsible for the City Newsletter, which is published on the City's website and disseminated via e-mail as well as for the City's Social Media Services (Facebook, Instagram, Twitter). 2 CITY OF SOUTH MIAMI Southl�'Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM In comparison to the other respondents, My PR Guru has extensive experience, particularly working directly with municipalities and specializing in municipal government communications and outreach for 20 years. My PR Guru has worked with West Palm Beach, Miami Kales, and Pompano Beach, among others. FUNDING: The expenditure shall be charged to the City Manager's Contractual Services Account 001-1310-513-3450 in an amount not to exceed $18,000 a year. The Contractual Services Account is budgeted a total of $220,000, $25,000 of which was allocated for a Public Relations consultant. ATTACHMENTS: Resolution Bid Tabulation Sheet Proposal, My PR GURU Final Selection Committee Score Sheets RFP, Public Relations Consultant Sun Biz Registration Daily Business Review Advertisement Demand Star Results 3 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #HR2020.22-0-2020/SK Bid Name PUBLIC RELATIONS CONSULTANT SERVICES Bid Due Date 10/21/2020 10:00:00 AM Bid Opening closed CORRECTED BID TABULATION OCTOBER 22, 2020 SEE ATTACHED RESPONDENTS COST & TECHNICAL PROPOSALS 9 Corrected Bid Tabulation; RFP HR2020-22 October 22, 2020 PUBLIC RELATIONS CONSULTANT RESPONDENTS COST & TECHNICAL PROPOSAL BIDDER MARKET MEDIA PR GURU INK MARKETING QUEST CORP DIAZ CONSULTING YEAR 1 $14,400.00 $18,000.00 $23,000.00 $22,680.00 $25,000.00 YEAR 2 $15,840.00 $18,000.00 $23,000.00 $22,680.00 $25,500.00 YEAR 3 $17,425.00 $18,000.00 $23,000.00 $23,940.00 $26,010.00 YEAR 4 $19,167.00 $18,000.00 $23,000.00 $23,940.00 $26,530.20 YEAR 5 $21,084.00 $18,000.00 $23,000.00 $23,940.00 $27,060.80 S-YEAR TOTAL $87,916.00 $90,000.00 $115,000.00 $117,180.00 $130,101.00 re ared by:/' cur Division Si nature EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondents Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Service; Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4). one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A" "Scope of Semicex" YEAR I: $ YEAR 2: $ YEAR 3: $ naac YEAR 4: YEAR 5: $ TOTAL: s SUBMITTED THIS mrN DAY OF OCTOBER 20 so . PROPOSAL SUBMITTED BY WE COMMUNICATE MCCMREL &1K;o iwelp�om Audwtred to Submit PrepoMl 4..1.E ire i ACCWNi DIRECTOR Telephone Number Fax Number xitxsEzaWEcouuuNlrAreus.cau Email Address END OF SECTION WE COMMUNICATE S EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondents Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement A contract will be awarded for a one (I) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." YEAR 1: $ $18,000 YEAR 2: $ $18,000 YEAR 3: $ $18,000 YEAR 4: $ $18.000 YEAR 5: $ $18.000 TOTAL: $ 590.000 SUBMITTED THIS 21 DAY OF October 2020 PROPOSAL SUBMITTED BY: My PR Guru, LLC 561-676.4949 Com any Telephone Number P Elliot Cohen nia Name of P n o ledt6submit Proposal Fax Number eLliot(d�fy�R�o, �m mm Signature Email Address Owner Title END OF SECTION 47 of 58 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement. A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." YEAR I: $ $23,000 YEAR 2: $ $23,000 YEAR 3: $ $23,000 YEAR 4: $ $23,000 YEAR 5: TOTAL: SUBMITTED THIS 21 DAY OF PROPOSAL SUBMITTED BY: Company Kimberly T. Miller IL OM= of Porcnn Authorized to Submit Proposal /�w,c6e e�i i , Signatufc President and Founder Title $ $23,000 $ $1 15,000 October 2020 305-631-2283 Telephone Number Fax Number kmillerO.inklinkmarketine.com Email Address END OF SECTION NF _ VAP,KETIN'_ - 607D NW I6?TH STREET, _- - HIALEAH. Fi '33-1E - "3C5 r. i 228E •-0/1LLEINK -INK VAR<E'ING <:OIJ I PAGE25 10 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." YEAR 1: $ 22,680 YEAR 2: $ 22.680 YEAR 3: $ 23,940 YEAR 4: $ 23,940 YEAR 5: $ 23,940 TOTAL: $117,180 SUBMITTED THIS / J DAY OF 0C A bt r- 2020. PROPOSAL SUBMITTED BY: Wuen Capae0al of Mence. Inc Company Wane Hackney Na Person Auth red to Submit Proposal Sig ature Ms W[ V.. N.Wenl Title 813-239.7725 Telephone Number 813-026-2952 Fax Number Wene.He WGQCMne= Email Address END OF SECTION 47 of 58 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020.22 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement. A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." YEAR I: $ J 251 Go C) YEAR2: $ 291 500 YEAR3: $ 2141 011D YEAR 4: $ 2 U 1530. 20 YEAR S: $ � 2-11 Ole 0 , 90 TOTAL: $ 1.30I 101 , o SUBMITTED THIS I V5 DAY OF 0[�W?f 20_1Q. Title ` r—)-RUt)_Iol0 Telephone Number Fax Numbeir , Ur un (-_ 1)IIa 0h9Alhnag1w torn Email Address END OF SECTION 47 of 58 12 My PR Guru 4 ,t i My Gov Guru t �jy •,r , v ITY OF SOUTH MIAMI REQUEST FOR - PROPOSALS FOR PUBLIC RELATIONS CONSULTANT 'I SERVICES if i� � u - a RFP# HR2020-22 _A OCTOBER 21, 2020 -_ - SUBMITTED BY: MY PR GURU, LLC / MY GOV GURU 11419 W. PALMETTO PARK ROAD #971402 BOCA RATON, FLORIDA 33497 TEL: 561-676-4949 CONTACT: ELLIOT COHEN PROPOSAL SUBMITTAL CHECKLIST FORM PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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 must include the following items: The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to hams:/lne%wark,d=Andstar.cam/ The City, at its X discretion, may request hard copies of proposals received from a X specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X X Respondents Bid Proposal, EXHIBIT 3 X X Respondents Cost & Technical Proposal. EXHIBIT 4 X X Supplemental Instructions for Respondents, submit under x EXHIBIT 4A X Signed Professional Services Agreement EXHIBIT 6 x X Respondents Qualification Statement x last of Proposed Subcontractors and Principal Suppliers x X Non -Collusion Affidavit X X Public Entity Crimes and Conflicts of Interest x X Drug Free Workplace x X Acknowledgement of Conformance with OSHA Standards x X Affidavit Concerning Federal & State Vendor Listings X X Related Party Transaction Verification Form X x Presentation Team Declaration/Affidavit of Representation X Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 58 14 EXHIBIT 2 INSURANCE & INDEMNIFICATION REQUIREMENTS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must 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 setforth 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 Firr n's Insurance Generally. The FIRM must 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 must further ensure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive Gerierall 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 must 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 41 of 58 15 (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. (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 must 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 APPLICABLIE: A. In the event that this contract involves the construction of a structure, FIRM must 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 must 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 must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below 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 Is 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 must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must 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 must 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 must include the declaration page and all required endorsements. In addition, the FIRM must 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: 42 of 58 16 "The City of South Miami is an additional insured. The insurer must 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: "This policy must 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 must be delivered to the City by certified mail, with proof of delivery to the City." 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 must 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 becomes 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 must 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 may 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. FIRM 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 FIRM or anyone acting through or on behalf of FIRM. B. FIRM must 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 invescigative 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 FIRM, 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 FIRM's obligations under this AGREEMENT. C. FIRM must 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 FIRM, 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 FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, 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 FIRM. CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM. its contractor/subcontractor or any of their agents, representatives. employees, or assigns, or anyone acting through or on behalf of them. E. FIRM 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 must apply and this 43 of 58 17 subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professionars 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 cosm 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 44 of 58 ID AC40 d CERTIFICATE OF LIABILITY INSURANCE � � 5120DIYYYY) DF►TE(02/2/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hiscox Inc. CNTACT NAME: PHONE . (888) 202-3007 I. NO: 'ADDRESS. contact@hiscox.com 520 Madison Avenue 32nd Floor New York, NY 10022 INsu S AFFORDING COVERAGE Nac p INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B : INSc : My PR Guru. LLC 11419 Palmetto Park Road #971402 Baca Raton FL 33497 RER D : INSURER INSURER E INSURER F : ~%1RIEswNIIIIIA01=10- Ki_-Vi,K3N NL1entsCK: ..v. 5-1..-.v..� �..... .. —• - • — • ----•--- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS POLICY NUMBER MM/D M I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F1 OCCUR I i I I EACH OCCURRENCE $ -DAMAGE TO REIMD PREMISES UFA wanMMIS MEO EXP (Any one son) S PERSONAL& ADV INJURY 3 GENL AGGREGATE LIMIT APPLIES PER- POLICY PRO LOC JECT OTHER' AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NOWO WNED AUTOS ONLY AUTOS ONLY � I GENERAL AGGREGATE S PRODUCTS- COMP/OP AGG s is (Es ay COMBINED S LE LlfdlT $ BODILY INJURY (Per person) 3 BODILY INJURY (Par accident) $ RTYDAMAGE PPROPE, $ I UMBRELLA LIAB i OCCUR EXCESS UAB CLAIMS -MADE N ! A I EACH OCCURRENCE $ ! AGGREGATE 3 I Fell OTH_ STATUTE ER s DED ': RETENTION s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIM EMBER EXCLUDED? (Mandatory in NH) If describe under DESyea CRIPTtON OF OPERATIONS bay E L EACH ACCIDENT S E L DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT S A Professional Liability UDC-1935177-EO-20 I ; 03/21/2020 03/21/2021 Each Claim: Aggregate: $ 500.000 $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) CERTIFICATE HOLDER cANUtL.LA 11 IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reservea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 19 EXHIBIT 3 RESPONDENTS BID FORM PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 THIS PROPOSAL IS SUBMITTED TO: Shari Karnali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 SUBMITTED THIS 21 DAY OF PROPOSAL SUBMITTED BY: My PR Guru, LLC Company Elliot Cohen Name of Person Authorized to Submit Proposal October 2020 . 561-676-4949 Telephone Number e11iot2MvPR,uru.com E-mail Address 1. If this Proposal, including Exhibit 3 and Exhibit 4, 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 (Scope of Services, Attachment A), and Exhibit 3 for the Proposed Price as set forth below or in Exhibit 4, 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/E-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 E-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 #1 September 29. 2020 Addendum No. Addendum #2 Dated: October 14.2020 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. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d. 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 45 of 58 20 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 the Contract Price is the amount chat is needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result In a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place. Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, EXHIBIT 4 as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this E-bid Form and will take the place of the Lump Sum Price, S. Insert the following Information for future communication with you concerning this Proposal: RESPONDENT: My PR Guru LLC Address: 11419 W. Palmeto Park Road N 971402 Telephone. 561-676-4949 Facsimile: ^/a Contact Person Elliot Cohen 6. The terms used in this Proposal which arc defined in the Contract 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 die Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Respondent's Cost & Technical Proposal, EXHIBIT4, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this E-bid Form, and are made a part of this proposal, by reference. 8. By submitting this proposal. I, on my own behalf and 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. 9. 1 hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this E-bid Form, that I have authority to E-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 By: Signature Elliot Cohen [print name] Owner [print title] END OF SECTION 46 of 58 21 " (R South Miami it IF CITY OF PEEAV NT ncING ADDENDUM No. #1 ProjectName: PUBLIC RELATIONS CONSULTANT RFP NO. HR2020-22 Date: September 29, 2020 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT A IS HEREBY AMENDED AS FOLLOWS: SCOPE OF WORK: The Consultant shall also be responsible for and not limited to social media services, (City Facebook, Twitter, etc.). This Amend menttothe Scope of Servicesshall be a partofthe RequestforProposal byway of this reference. All other responsibilities and duties addressed in the Scope of Services shall remain unchanged. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 22 Sout e iami THE CITY UIPLEASANT LIVING ADDENDUM No. #2 Project Name: PUBLIC RELATIONS CONSULTANT RFP NO. HR2020-22 Date: October 14, 2020 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modif ed herein shall remain infullforce and effect as originally setforth. It shall be the sole responsibility of the bidder to secure Addendums that maybe issued fora specific solicitation. QUESTION #1: Does the City of South Miami have an incumbent communications/public relations firm they are working with? RESPONSE: Yes, Kress Communications, LLC however the agreement expired September 30, 2020. QUESTION #2: What is the monthly budget? Does the monthly fee also include design requests, social media ad -buys, or any other outside advertising costs? RESPONSE: Annual budget is $25,000 inclusive of all requirements. QUESTION #3: Does the scope also include media relations/earned media as a deliverable for the newsletter or otherwise? RESPONSE: TheCitydoes not understand the question. This isan internal newsletterand ismadeavailable onthe City's website for viewing and via e-mail delivery, on a subscription basis. QUESTION #4: What are the expectations of "editorial production?' RESPONSE: Editorial production is defined as; drafting of articles and composition of newsletters to be posted on the City website. 23 QUESTION #5: Will the vendor be responsible for graphic production on the City of South Miami website, or justthe email communications campaign, or both? RESPONSE: The awarded vendor will be responsible for graphic production of the newsletter to be published on the City website and distributed via e-mailcampaign. QUESTION #6: Does the City already have an email distribution service in place (ex- Constant Contact)? RESPONSE: Yes, the email platform currently in use to deliverthe newsletter is Constant Contact but, the City is open to other platforms providing the platform can interface with the City's website developed by CivicPlus. QUESTION #7: Would the vendor be responsible for compiling/creating new email lists or does the City already have updated email lists for their newsletters? RESPONSE: Refer to the Response to Question #6. QUESTION #8: Is the vendorresponsi bleforidentifying and compiling the content in the newsletters ordoes the City provide the information to be included? RESPONSE: The awarded vendorwil I be responsible for identifying and compiling the content othe newsletters. From time to time, City staff will provide information to be included for an article. QUESTION #9: Specifically, which social media platforms will the social media services include? RESPONSE: Social media platforms included are Facebook and Instagram. QUESTION #10: Will the firm be responsible for monitoring all social media engagement (replying to comments and messages) or will a City staff member handle that? RESPONSE: The firm with approval from City staff. QUESTION #11: What email platform does the City currently use to deliver newsletters (i.e. Constant Contact/Mail Chimp, Etc.)? RESPONSE: Refer to the Response to Question #6. 24 QUESTION #12: Does the City currently have a social media policy in place? RESPONSE: The City has a Social Media policy for employees and can be found in the City of South Miami "Personnel Manual" and is posted on the City's website. Below is a link to the "Personnel Manual." The Social Media policy is located in Pages 37 —39: http•//www southmiamifl Qov/CocumentCenterIViewl421112020-Employee-Policies-and-Procedures- Manual IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 25 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondents Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement. A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." YEAR I: $ $18,000 YEAR 2: $ $18.000 YEAR 3: $ $18,000 YEAR 4: $ $18.000 YEAR 5: $ $18,000 TOTAL: $ S901000 SUBMITTED THIS 21 DAY OF October 2020 PROPOSAL SUBMITTED BY: My PR Guru, LLC Company Elliot Cohen Name of Pg on Ay¢io a td'Sul;pnit Proposal Signature Title 561-676-4949 Telephone Number n/a fax Number Email Address END OF SECTION 47 of 58 26 EXHIBIT 4A RESPONDENTS RESPONSE TO SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 48 of S8 27 Vy PR Guru My Gov Guru CITY OF SOUTH M IAM I REQUEST FOR PROPOSALS FOR PUBLIC RELATIONS CONSULTANT SERVICES RFP# HR2020-22 OCTOBER 21, 2020 SUBMITTED BY: MY PR GURU, LLC / MY GOV GURU 11419 W. PALMETTO PARK ROAD #971402 BOCA BATON, FLORIDA 33497 TEL: 561-676-4949 CONTACT: ELLIOT COHEN 28 O C• COVER LETTER & EXECUTIVE SUMMARY • THE MY PR GURU APPROACH: PROACTIVE CITIZEN OUTREACH • OURPHILOSOPHY • MY PR GURU, LLC HAS THE EXPERIENCE TO TELL YOUR STORIES • UNMATCHED GOVERNMENT COMMUNICATIONS EXPERIENCE • OUR WORK- MUNICIPAL ELECTRONIC NEWSLETTERS e Town of Lake Park a Village of Royal Palm Beach o Town of Lake Clarke Shores o CenturyVillage e VillageofGolf • SAMPLE "CITY NEWS UPDATE ISSUE" • NOT OUR FIRST RODEO._ • DETAILED WORK PLAN/PROJECT APPROACH • EXECUTIVE AND PROFESSIONAL PERSONNEL 08 ' D: FIRM OVERVIEW O}( E: PERSONNEL & REFERENCES �,J AWARDS AND CERTIFICATIONS • RESUME OF PRINCIPAL ELLIOT COHEN 13 F•OTHER RELEVANTEXPERIENCE • CASE STUDIES&WORK EXAMPLES a Case Study: The Success of Proactive Content Creation: Municipal Electronic Newsletter • Case Study: Social Media Record of Success o Special Municipal Campaigns & Messaging 29 C: COVER LETTER & EXECUTIVE SUMMARY To Whom It May Concern It is our pleasure to submit this proposal to the City of South Miami for Public Relations Consulting Services. My PR Guru, LLC and its government communications work under My Gov Guru specializes in municipal government communications and outreach Our long list of local government clients is proof -positive of our proven track record of successful municipal outreach. We have assisted cities in all three counties of South Florida. As recently as this month, we once again proved our leadership in the field: Following concentrated municipal communications campaigns, three of our municipal clients placed in the Too 25 of all409 Florida cities regarding citizen response rates to the U.S. Census. This trifecta of success not only secured additional funding for these cities, but proves we are the leader in local government communications. We currently research, write, design, and distribute regular email communications for several South Florida cities as well as private communities that are the size of small cities. We grab the readers attention with customized moving video and graphics in each newsletter. That's right! Every email includes local images or eye -grabbing graphics. We are "perts In municipastorytelling, We know the biggest challenge can be finding the stories you want to tell. That's our area of expertise! We will follow your meetings, scouryour agendas, and work wlith your elected officials and staff to find the positive stories you want your residents to hear. We understand government messaging is a different animal than regular public relations and marketing. Ordinary PR and marketing firms don't get it. We specialize in government storytelling We know there is a difference between selling widgets to customers and communicating with constituents. We also create original content forsocial media channels as well, including images, videos, tweets and posts. We have provided communications services for the public sector in Miami -Dade, Broward, Palm Beach, and Charlotte counties. Our proof of performance is in our results. Messaging isn't worth much unless your can show people are reading it We track open rates for all communications. Our open rates are consistently far above industryer avages. Our clients also benefit by the fact that we service multiple cities. Because we are constantly preparing communications for various clients, we have the ability to offer additional services to our clients at no additional charge. Just this week, for example, we prepared a campaign for one client promoting the start of early voting. We were able to offer it to all our clients at no additional charge. We respect the fact that we are an extension of your stewardship of public dollars. We honor that responsi bility by understanding that municipal communications - at its core - is about serving the public. We are also committed to serving South Miami in accordance with the terms of the Response to the Solicitation being submitted. While outside the scope of the current RFP, we also want to mention that we offer a myriad of other government communications services. These include the production of customized city magazines, information packets, budget summaries, annual reports, printed versions of electronic newsletters, and videos. We offer emergency communications and crisis management services, as well as specialized campaigns involving such issues as promoting home rule, local sales tax initiatives, and more. We have also drafted State of the City messages and created productions to add to the messaging. Finally, we want to mention the'elephant in the room: If the past year has demonstrated anything it is that success does not require proximity. Do not let our Palm Beach County location deter you. We are able to be in South Miami in lessthan an hour (1 know because my son attends the University of Miami and we travel through South Miami each visit). Regardless, technology has made distance almost irrelevant We look forward to sharing further details of our services and are grateful for your consideration. Respectfully, ElliotCohen Principal/Owner 30 -q- C: COVER LETTER & EXECUTIVE SUMMARY ��My PR Guru has consistently demonstrated unmatched municipal communications successes that have immeasurably improved our ability to reach our residents and �� ensure they remain informed. No other firm knows more about local government communications Dan Clark, Town Manager Town of Lake Clarke Shores THE MY PR GURU APPROACH: PROACTIVE CITIZEN OUTREACH My PR Guru, LLC is led by owner Elliot Cohen. The agency focuses on developing email and electronic communications designed to inform residents, increase awareness of positive government actions and projects, and ensure critical crisis information reaches the maximum number of residents as quickly as possible. OUR PHILOSOPHY Governments must tell their own story. Our approach into position the City of South Miami as a primary news source speaking directly to its residents. We want the community to hear what the city is doing from the city. If the City of South Miami does not successfully tell its story, it is ceding that ground to a vocal five percent of critics. Our email campaigns are designed to directly target constituents and the general public. Municipal government communication Is unique and complicated. If you simply want to promote events on your community calendar, any generic can do that. My PR Guru, LLC provides a more strategic and deeper level of understanding and experience. We have been working in South Florida municipal communications for 20 years. Municipal government communications is not PR and marketing. The true purpose behind communications is to build public trust, provide critical information, and make sure residents are informed. It is about ensuringycur residents 1) understand the overall direction you are taking their city, 2) receive important information about their community, and 3) have important emergency information readily available when needed. If you need to keep your residents informed with issue -driven communications that can significantly affect the future of the city's growth, economy, or environment, it takes a different kind of firm. We bring to the table over 20 years of government communications experience. My PR Guru, LLC understands how important it is to ensure your citizens are well-informed. Resident education is critical to the success of any government, but especially local government where citizens can see up close how their officials are leading, how their taxes are being spent, and how services are provided. MY PR GURU, LLC HAS THE EXPERIENCE TOTELL YOUR STORIES The City of South Miami, like most municipalities, provides quality services to the public and uses its ad valorem and other revenues to enhance the lives of its residents. Every day there are positive stories to tell about the work being done by the City. My PR Guru, LLC knows how to find and tell those stories. We've done Itfor some of the largest local government entities In South Florida. 31 s C: COVER LETTER & EXECUTIVE SUMMARY UNMATCHED GOVERNMENT COMMUNICATIONS EXPERIENCE Here is a partial list of public and quasi -public experience: MIAMIJ LLAKES AI WFST PM RFACH .. 11upGrowing Beautifully pompano '� ` -`' HOMELESS: �® C beach. Mandel Libras COALITIONS T�y�{�1f 1T1 Florida% asarmest welcome of West Palm Beach 1 l/llta Gorda HUMAN RIGHTS GAvE DEFENSE CENTER --- CENTURY VILLAGE Dedicated to Protecting Human Rights EAST c..... .....n (96 Elliot Cohen is among the best at finding those hidden good news government stories and telling them in such away that they paint a positive picture of howgovernment serves its constituents. Ed Mitchell, City Administrator (former) 91) City of West Palm Beach But wait! There's more! We don'tjust work with governments: • Banyan Cay Resort & Golf, West Palm Beach • Lynn University, Boca Raton, Florida • The Greene School, West Palm Beach, Florida • Eagle Arts Academy, Wellington, Florida • The Tromberg Law Group, Boca Raton, Florida • Akerman Law, West Palm Beach, Florida • Shalhoub Law Group, West Palm Beach, Florida • The Silver Companies, Boca Raton, Florida • Avatar Airlines, West Palm Beach, Florida • Mandel JCC, Palm Beach Gardens, Florida • Cooper's Hawk Restaurants, Chicago, Illinois • Backpacks.com, Pompano Beach, Florida • Cornerstone Solutions, West Palm Beach, Florida • Health First Health Plans, Rockledge, Florida • Health First Medical Group, Rockledge, Florida • First Flight Medical Transport, Melbourne, Florida • Pro Health & Fitness Centers, Melbourne Florida • Northstar Memorial Group, Houston, Texas • Cape Canaveral Hospital, Cape Canaveral, Florida • Viera Hospital, Viera, Florida • Palm Bay Hospital, Palm Bay, Florida • Holmes Regional Medical Center, Melbourne, Florida G` Elliot's ability to position the message for the greatest benefit is amazing. The electronic newsletter he creates for us has become an essential tool for informing our residents. His professionalism is above reproach and I can always count on a creative 919 touch to stories. Christine Thrower -Skinner, Village Manager Village of Golf, Florida 32 C: COVER LETTER & EXECUTIVE SUMMARY OUR WORK -MUNICIPAL ELECTRONIC NEWSLETTERS My PR Guru, LLC currently produces and distributes regular email communications for several South Florida municipalities. WE BELIEVE THE BEST WAYTO EVALUATE AN ELECTRONIC COMMUNICATION IS TO VIEW IT ELECTRONICALLY. Samples of our current work may be seen by clicking the links below (for those viewing a hard copy of this RFP, you may enter the address to the right of the link: �r T6 Buzz ySyy.Ywlll tN Z.T .r. .J 1 n Town of Lake Park: Village of Royal Palm Beach: Town of Lake Clarke Shores: Century Village: Village of Golf: CLICKHERE orenter: CLICKHERE orenter: CLICKHERE orenter. CLICKHERE orenter: CLICKHERE orenter. SAMPLE "CITY NEWS UPDATE ISSUE" http://b i tly/SouthM is m i RFP1 http://bitly/South M iami RFP2 httpV/b it.ly/Sou thM iam iRFP3 http://bit.ly/SouthM iamiRFP4 http://bitty/SouthM iami R FP5 Per the Scope of Services, My PR Guru, LLC has created a sample newsletter for the City of South Miami. This sample is a small illustration of the customized video and graphics that we produce for our electronic newsletter clients. This sample is provided as an example of our design work. Please forgive any factual errors as we were unable to communicate with city officials to confirm information. In order to fully demonstrate our moving video and other elements, we once again provide a link to the actual newsletter: South�Miami CLICKHERE orenter. http://bitly/SouthMiamiRFP6 ro awcmr[ ro tM[ nns dncut [[wu[*r[n S- 33 C: COVER LETTER & EXECUTIVE SUMMARY NOT OUR FIRST RODEO... My PR Guru, LLC owner Elliot Cohen has been a leader in public sector, local government communications for two decades. He has been making news or covering news in South Florida since 1995. For 20 years, Mr. Cohen has worked in the public sector with local governments to create and implement comprehensive communication plans intended to inform residents and stakeholders. He has been on the front lines of high stakes public relations, marketing, campaign politics, and crisis communications for some of the nation's largest organizations. Mr. Cohen is a proven and award -winning strategist who has successfully represented organizations in both the private and public sectors. He has extensive experience in several sectors, including local government, law enforcement, and healthcare. He served as Director of Media Relations for the 11th largest law enforcement agency in the United States. Mr. Cohen led media relations and crisis communications for one of the largest health care and health insurance companies in the state of Florida. He was Director of Communications for the City of West Palm Beach. Elliot has also served as the head of public affairs for the District Attorney General's Office in Memphis, Tennessee. DETAILED WORK PLAN/PROJECT APPROACH My PR Guru, LLC endeavors to be a direct extension of the city's messaging. We anticipate working closely with s taff (and when directed, working with elected officials) to ensure all our efforts reinforce t ie city's mission and priorities. We will monitoryour meetings. We will get to know your staff. At the initiation of the client/firm relationship, My PR Guru, LLC typically suggests that the client define the issues, priorities, reporting and responsibilities of all participants. The agency prefers an initial, in -person meeting with the entire client team. This helps to build staff relationships upon which we will depend to get timely information. We would then suggest a regularly scheduled conference cal I with designated staff members to remain current on issues, opportunities, and threats. We understand staff is focused on doing the work of the city. It is our responsibility to cull out positive stories that may otherwise be missed. We will monitor all relevant public meetings for content, as well as review agenda packets and other supporting documents. We will monitor news coverage to determine if any additional issues require attention. Finally, we will draft the initial email newsletter and submit it for review and revision a week prior to distribution. Following the receipt of feedback, we will revise the email and resubmit for final approval. Upon final approval, it will be scheduled for distribution. Similar content will be developed for use on the city's social media platforms. EXECUTIVE AND PROFESSIONAL PERSONNEL My PR Guru, LLC owner Elliot Cohen will be the primary point of contact for the City of South Miami. He will serve as account representative and lend his experience and expertise to the researching, writing and design of the newsletter. His commitmentwill represent one -hundred percent of the services provided to the city. 34 -7- D: FIRM OVERVIEW MY PR GURU. LLC My PR Guru, LLC is a Florida Limited Liability Company S-Corp. Its principal/owner is Elliot Cohen. Its primary location that will be serving the city is: 11419 W. Palmetto Park Road, #971402, Boca Raton, Florida 33497. The phone number is: 561-676-4949. a. Name of Firm submitting responding to the Solicitation: MyPRGuru,LLC b. Name and title of individual responsible for the submittal: Elliot Cohen, Principal/Owner c. Mailing address: 11419 W. Palmetto Park Road, #971402, Boca Raton, Florida 33497 E-mail address: elliot@MyPRguru.com d. Telephone and facsimile numbers: Tel:561-676-4949. Fax: n/a E: PERSONNEL AND REFERENCES My PR Guru, LLC Principal/Owner Elliot Cohen will be the primary individual who will provide services to the City regarding the day-to-day relationship with the City. A summary of his experience follows, as well as his resume. Elliot Cohen has several industry certifications and awards for his creative public relations campaigns as well as for crisis management AWARDS & CERTIFICATIONS • Advanced Crisis Communications - Federal Emergency Management Agency (FEMA) • Advanced Applications in Public Affairs - Florida Governor's Hurricane Conference • Public Information Media Training - International Association of Police Chiefs • Basic Public Information - Florida Division of Emergency Management • Mark of Excellence Award - Writing - Florida Society for Healthcare PR & Marketing • Mark of Excellence Award - Community Outreach - Fla Society for Health PR & Marketing • Mark of Excellence Award - Crisis Communication - Fla Society for Health PR & Marketing • Judge'sAward- FloridaPublicRelationsAssociation • Public Information Award- Florida Public Relations Association 35 -g- ELLIOT COHEN ............................................. 12286 Riverfalls Court, Boca Raton, FL 33428 1 ICJ 561-676-4949 1 elliot@myprguru.com Q www.myprguru.com ® www.linkedin.com/in/elliotcohen PROFESSIONAL SUMMARY Award -winning marketing, earned media, PR, and crisis management strategist with nearly 20 years of private and public sector experience; Principal & Founder of My PR Guru, LLC & My Gov Guru, Florida consulting firm specializing in government communications, crisis management, message development and media relations. Proven corporate internal & external communications expert; Management level experience in creating, implementing and measuring successful media and marketing plans leading to increased ROL brand awareness and enhanced reputation; Executive level media and spokesman coaching; Sector experience includes health care, legal, public safety, government/politics, education; Former N journalist and proven on -camera spokesman. Plan development includes detailed situation analysis; development of strategic, sector and opportunity -driven goals/objectives; development of detailed public relations, communication, external affairs and marketing tactics in support of approved strategies. Expert -level skill in preparing and implementing strategic public relations and communication plans. Highly experienced creator of public affairs and communication planning materials in support of corporate goals/objectives. WORK HISTORY MY PR GURU LLC & MY GOV GURU. Boca Raton, Florida Principal, Founder I November 2016 - Present One of Florida's most experienced government and crisis management firms. Providing nearly 20 years public relations, government communications and issue management experience. Specialize in executive media coaching and leveraging earned media to achieve client's reputational and financial goals. Industry lecturer on earned media and crisis management at conferences and corporate events. Plan development includes detailed situation analysis; development of strategic, sector and opportunity -driven goals/objectives; development of detailed public relations, communication, external affairs and marketing tactics in support of approved strategies. Create and implement countless public relations campaigns. Orchestrate high stakes damage control campaigns and crisis management plans on a national scale. 36 ELLIOT COHEN INDEPENDENT COMMUNICATIONS CONSULTANT, Boca Raton, Florida • Crisis Management, Government Affairs, Community Outreach I May 2005 - November 2076 Provided outside counsel to public governments and private sector clients regarding reputation management, crisis communications, media relations, public relations, and government outreach. AQUA MARKETING & COMMUNICATIONS, West Palm Beach, Florida o Vice President of Campaign Communications I November 2016 -- February 2020 Provided strategic and campaign expertise for one of Florida's largest and most awarded marketing and communications firms. Worked with clients in both public and private sector. MAYOR'S OFFICE CITY OF WEST PALM BEACH, West Palm Beach, Florida o Director of Communications j May 2012 - August 2016 Oversaw communications on multiple platforms (social media, electronic and print) to promote, enhance and protect the City's brand reputation. Responsible for the City's integrated communications products and services in all City departments. Created and implemented strategic efforts to mitigate damage caused by negative publicity. Chief counsel to Mayor and city leadership on all communications issues. Supervised operations and staff of city television station and video production department. HEALTH FIRST, INC, Rockledne, Florida Media Relations & Communications Specialist I August 2008 - February 2012 Led media relations and crisis communications for one of Florida's largest health care/health insurance systems. Responsible for earned media, issue management, press release/public comment writing, communications and public relations planning for broad range of corporate entities including four hospitals, health insurance company, physician group, and more. Created marketing materials for internal support & external audiences. Implemented campaigns with measurable positive ROL Crisis experience includes hospital gunman, hurricanes, corporate layoffs, medical malpractice and more. Successful use of social media to support marketing goals. CEO level media coaching, speech/message points/OpEd preparation. BROWARD COUNTY SHERIFF'S OFFICE, Fort_ Lauderdale. Florida • Director of Media Relations I September 2005 - May 2008 The Broward County Sheriff's Office is the 11 th largest public safety agency in the United States. Responsible for all media relations, strategic communications, issue management, crisis mitigation for the Broward Sheriff's Office. Supervised team of media relations employees. Responsible for project planning, event management, communication materials, media engagement. Prepare speeches, OpEd's, talking/message points, press releases. Successfully protected and reinforced agency reputation and branding as media spokesman during natural disasters, police corruption scandals, international celebrity media frenzies and more. 37 ELL107 COHEN CITY OF WEST PALM BEACH, West Palm Beach. Florida Chief Public Affairs Officer I December 2004 - September 2005 Directed overall communication, public relations and media efforts for the city government. Engaged key audiences through public relations/communication tactics. Led communication/media strategies for all Mayoral initiatives. Managed city communications team. Responsible for all PR/communication materials. On -camera city government representative. ON -AIR BROADCAST JOURNALISM EXPERIENCE On -air reporter covering politics, breaking news, natural disasters and more. • WPBF-TV, West Palm Beach, Florida • WREG-TV, Memphis, Tennessee • WPLG-TV, Miami, Florida • Various radio networks & stations Miami, Florida & New York City EDUCATION August 2002 - January 2005 March 1999 -August 2002 February 1997 -March 1999 June 1993 - February 1997 BACHELOR OF SCIENCE (B.S.), INDUSTRIAL AND LABOR RELATIONS I Cornell University, 1993 PROFESSIONAL TRAINING, CERTIFICATIONS & ASSOCIATIONS • ADVANCED CRISIS COMMUNICATION - Federal Emergency Management Agency (FEMA) • ADVANCED APPLICATION IN PUBLIC AFFAIRS - Florida Governor's Hurricane Conference • BASIC PUBLIC INFORMATION - Florida Division of Emergency Management • PUBLIC INFORMATION MEDIA TRAINING - International Association of Chiefs of Police • CERTIFIED SBA - City of West Palm Beach, Florida & School District of Palm Beach County • NIMS ICS (INCIDENT COMMAND SYSTEM) 300 / 400 • PALM BEACH COUNTY CHAMBER OF COMMERCE - Member • PALM BEACH COUNTY LEAGUE OF CITIES -Member • CITY COUNTY COMMUNICATORS & MARKETING ASSOCIATION - Member • FLORIDA MUNICIPAL COMMUNICATIONS ASSOCIATION - Founding Member m E: PERSONNEL AND REFERENCES REFERENCES *All services provided in-house with the exception of printing which is done by a third-partyvendor Town of Lake Clarke Shores, Florida Town Manager Dan Clark 1701 Barbados Road Lake Clarke Shores, Florida 33406 561-964-1114 My PR Guru, LLC provides full service municipal communications services and content generation, including electronic newsletters, social media content, writing, designing, printing, and distribution of town magazine, creation of annual reports, video production, emergency communications, crisis and issue management, media coaching, media relations, and creation of marketing collateral pieces.* Village of Golf Village Manager Christine Thrower -Skinner 21 Country Road Village of Golf, Florida 33436 561-732-0236 My PR Guru, LLC provides full service municipal communications services and content generation, including electronic newsletters, writing, designing, and printing of village publications, creation of annual reports, video production, emergency communications, crisis and issue management, media coaching, media relations, and creation of marketing collateral pieces.* Century Village East - Master Management Executive Director Val Smikle 3501 West Drive Deerfield Beach, Florida 33442 954-421-5566 My PR Guru, LLC provides full service communications services and content generation, including electronic newsletters, website creation, writing, printing, and distribution of community newspaper, creation of annual reports, video production, emergency communications, crisis and issue management, media coaching, media relations, and creation of marketing collateral pieces.* Town of Lake Park Town Manager John D'Agostino 535 Park Avenue Lake Park, Florida 33403 561-881-3300 My PR Guru, LLC provides content generation, including electronic newsletters, emergency communications, crisis and issue management, media coaching, media relations, and creation of marketing collateral pieces." Village of Royal Palm Beach Village Manager Ray Liggins 1050 Royal Palm Beach Boulevard Royal Palm Beach, Florida 33411 561-790-5174 My PR Guru, LLC provides full service municipal communications services and content generation, including electronic newsletters, writing, designing, and printing of village magazine, creation of annual reports, video production, emergency communications, crisis and issue management, media coaching, media relations, and creation of marketing collateral pieces.' 39 -12- F: OTHER RELEVANT EXPERIENCE CASE STUDIES & WORK EXAMPLES The following case studies and work examples are provided demonstrating the firm's successful track record in current and previous municipal communications projects. Effective Monthly Resident Outreach: Promoting the Positive Case Study: The Success of Proactive Content Creation: Municipal Electronic Newsletter GOAL: The leadership in the City of West Palm Beach wanted to greatly improve and enhance the city's ability to directly communicate with its constituents, residents, and key stakeholders. The goal was to raise awareness of numerous positive developments within the city that were not given any attention by third party media. The goal was also to exert more control over messaging and public perception. In response, the INSIDER Newsletter was created. The project created a platform that served as a primary source for city news. The newsletter was more than a typical recitation of city events. In order for the project to be successful, the newsletter needed to be viewed by the public as a source of legitimate newsworthy stories about the city that would not be found elsewhere. RESULTS: The INSIDER Newsletter proved to be a powerful tool in shaping the news about the city. Recipients received news first from the city, allowing for strategic messaging to directly reach the public. It was a significant step forward in implementing a strategy of positioning the city as a primary source of city news The INSIDER Newsletter succeeded at becoming a legitimate source of must -read city news. Open rates for the newsletter exceeded industry standards, and subscriber numbers steadily increased until the number of subscribers equaled approximately 50% of the total city population. The INSIDER Newsletter was so accepted that it was promoted and retweeted by members of the public. Finally, the popularity helped increase the impact of other communication platforms. City -produced television news stories were frequently included in the newsletter, thus increasing viewership of the television news side of the city's communications strategy. 13 40 F: OTHER RELEVANT EXPERIENCE SOCIAL MEDIA RECORD OF SUCCESS Case Study: Outreach: Innovation to Old School ':, E' T- B FOHLCWERS LIKES /- 4,825 981 43.71K 491 0 Under Elliot Cohen's leadership, the City of West Palm Beach's social media following increased by 600%. Original content creation posted on social media channels positioned the platforms as primary sources of information. Previews of exclusive upcoming stories in the city newsletter, original video content, and live broadcasts all successfully drove new followers to the channels. Twitttee.C�Town Hell @westpalmbch Innovative use of multiple platforms included the creation of Twitter Town Halls, and using live Periscope broadcasts of city events, press conferences and emergency messages. Technology allows the public to access government like never before. Elected officials and staff communicated directly to the public rather than relying on news media to carry their message. This represented a quantum shift, allowing principles to talk directly to people. 14 41 Taking AwaY HOmO RUIe �^LIII Impact Y0U! Taking Away Home Rule Will t YOUI DO YOU WAM LAWMAKERS NEAR IPtlgd�� - �'JISNEJo POLICE DECIDING THE FATE OF J LAKE CLARKE SHORES?' s, J / TTTIII H C I 1'g � Us FIGHT TO SAYE THE LAKE CLARKE X •L� n �Li� 11 SNORES POLICE DEPARTMENT Visit NEQHER DO WE! ��___ `�� fou�VC::a LJIIHI51 •-•.�.� •�•� �•.••... _�._ ... _.. r•.� I.. ,IeAbnn wnrnee[r'LLnuaTldtd.t6.lr,.m. ..�..�alwn Wa A•S<M(e�Wnl6tl.a1r3t':m' -.'-.. .. y �I�10.iltl�nw TO'AT OI I_:: — e Clarke Shores SEWER � SEWE CONVRSa IONFA 9alivz SeSslon Quick Facts -- The Town Of Like Elarke Shares is continuing Us arJTlse [a pramcs i pan Wgop+. a.arer eavlronmenLOrd es... r J i c utt [LS Ye ne Las grawrit by mpdnq lvrwald ena ' Jj n+ ny ail+gr NS pylbey e5, etic 111+nL lhtt seppc to sewer 1 Ibry resldenls. mnversren IJr aat mc; 1 [ l5 echo ap —,11 1- The TRSen has already demdnstretetl SP own, "C"tcommitment b mc'�r sPantlln .��� r j i n nls vcataa mlllfon tlolhuetlgneNnp over ' tl�nrl ((a F. csmri;a lT.6 _ ,age. Ito-. �• c�,:e. a'.vro[a. nr To aa(c. Im �F%r' t: the sewn has acMevetl sl nl ilancn�ees�n[d5c[; io«rF PrJ9ressantllz"winskln 9 tte th tepnc m,=enn:nl Ca: of nlovc.••va cam'erslonlnlhe re,,ontgltp LJmplftethe areas TOWN MAKING ITS OWN FINANCIAL C OMMITMENT nn.rcd hr nunr p5l :gq�is nnrom[u'.elr •ievm already spnnl over$goo.ODD •nisi In prtPaN""` ... ... m+:t. towers In <pmmer In Install „� ,el roT:; to aac "c ae (Itl moos. r va ns ommaed 5Io0.005 •c - 't enpnemin:g ceWrit,lees lm tOw".1S !(:mot Nct.nn'rvdn:S to 5:19iI.'d cl plan. aSedwel md5lcr ,t mauuermn m[Lnven,ieelcm;el •5eekin j ,she 1.1i[ 11'.1'�al"'i „111 [ntl 111%a 1 9 J60g•000In 51dre lUntlS In (an(inUp / ta:iC'.CC,n :hl'«ni Ctt�.n rilln I pr0[CSS. '1 u0:a.'.�a lCa]ac6 •Town ena 1 - — demalt., 1, n mlt tc marcnin ._...• 51ev1 nl curm9 mra�and 5, PdpYn; F: OTHER RELEVANT EXPERIENCE CALL TO ACTION: U.S. CENSUS PARTICIPATION Ir ftn fti + EVERYONE COUNTS ,�aA.,�.f.� cENsuszo2o f 1 � -me z,:azot: canes: oay,.:�o ' weergaura6eyoom mmpi:M me $13,000,000 C..n5u50P Or IM(a!2 i14 MVVn10( - onl (ay2�al fVPMII, WxPahtoula °(C'vC lfeMIyO1M _ ISfO,Y11Ptl � 1 i1M m:M�vJySlyJ:.tn P�noil, OnLu= or GIIorM. Cy h.s . Q O For mPlalnlmualgn. 1 M1120MaY�suSf.Cy. THI5IS WHY- 0 I5501MPORTA" COMPLETE FULL -SERVICE MUNICIPAL PUBLICATION SERVICES EEO 43 F: OTHER RELEVANT EXPERIENCE My PR Guru, LLC is your tum-key publishing house producing eye-catching, high quality publications highlighting municipal success stories. We research, write, design, print, and distribute for our clients. Among the publications: • Full-size glossy magazines highlighting municipal programs • Annual Reports • Water Quality Reports • Budget -in -Brief summaries • Phone Directories tHS tOw�Cf004t •NNU�St�iEf% , 4 �� ,._,o umm�fsoumrv:.2m9 N ebyZ 17 44 EXHIBIT 6 PROFESSIONAL SERVICE AGREEMENT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 THIS AGREEMENT made and entered into this % % day ofl vim , 20 2oby and between the City of South Miami, a municipal corporation of the State of Florida (hereinafter referred to as Owner) by and through it is City Manager (hereinafter referred to as City) and /hVMegu: C4 LL G authorized to do business in the State of Florida (hereinafter referred to as the "CONSULTANT'). In consideration of the premises and the mutual covenants contained in this Agreement, the City of South Miami, through its City Manager, and the CONSULTANT agree to the following terms and conditions: 1.0General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this Agreement. This Agreement does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in Notice to Proceed (hereinafter referred to as the "WORK"). nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2The City agrees that it will furnish to the CONSULTANT all necessary and available documents in the possession or control of the City pertaining to the WORK to be performed under this Agreement promptly and upon request of the CONSULTANT after the issuance of the Notice to Proceed. 1.3The Solicitation documents for PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-XX are attached hereto as Exhibit 3. 2.0This Agreement and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the City's PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 3.0 Scope of Services The scope of services is as set forth in the solicitation documents or as set forth In the attached as Exhibit I, Attachment A which are identical to RFP Exhibit 1, Attachments A. 4.0 Time for Completion 4.1 The services to be rendered by the CONSULTANT for any WORK must be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement and must be completed within the time based on reasonable determination, stated in the said Notice to Proceed or as otherwise agreed to in writing and signed by the parties to this Agreement 4.2A reasonable extension of time will be granted in the event there is a delay on the part of the City in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of its duties impossible. S.0 Basis of Compensation: The fees for services of the CONSULTANT will be determined by one of the following methods or a combination thereof, as mutually agreed upon by the City and the CONSULTANT. S.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the City and the CONSULTANT and if such an agreement is reached, it must be in writing, signed by the CONSULTANT and attached hereto as Exhibit -KI 5.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an 50 of 58 agreement as to a fixed sum, the City agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the hourly rates that will include all wages, benefits, overhead and profit and it must be in writing, signed by the CONSULTANT and attached hereto as Exhibit 6.0 Payment and Partial Payments, The City will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in Exhibit _ schedule of payment or, if no schedule of payment is attached to this Agreement then payment will be made, 30 days following the receipt of CONSULTANT's invoice, as the work progresses but only for the work actually performed. 7.0 Right of Decisions. All services must be performed by the CONSULTANT to the satisfaction of the City Manager, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value. The City Managers decisions upon all claims, questions, and disputes will be final, conclusive and binding upon the parties. 8.0 Ownership of Documents. All reports, documents, plans, information and data developed by the CONSULTANT for the purpose of this Agreement will become the property of the City without restriction or limitation. 9.0 Audic Rights. The City reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are paid on a time or cost basis. 10.0 Subletting. The CONSULTANT may not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The City may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all the City's requirements to the City's sole satisfaction. The CONSULTANT may not subcontract this Agreement or any of the services to be provided by it without prior written consent of the City. Any assignment or subcontracting in violation hereof will be void and unenforceable. I I.OUnauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. This applies to any sub -CONSULTANT used by the CONSULTANT as well. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right, the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.OWarranU. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that it has not paid or agreed to pay any company or person ocher than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City will have the right to annul this contract without liability. 13.OTermination. It is expressly understood and agreed that the City may terminate this 51 of 58 Agreement for any reason, or no reason, and without penalty, by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, City may terminate this Agreement by written notice to CONSULTANT, and in either event the City's sole obligation to the CONSULTANT will be payment for the work previously authorized and performed in accordance with the provisions of this Agreement. Payment will be determined based on the work performed by the CONSULTANT up to the time of termination. Upon termination, the City will be entitled to a refund of any monies paid for any work that was not performed. 14.OTerm. The initial Contract will commence on the date set forth in the Notice to Proceed and will continue for a period of one 1) year with an opportunity for the City to extend the Contract, at the City Manager's discretion, for four (4) oon_e-_year Option to Renew. (renewal period,) for a term not to exceed five (S) consecutive years, at the same terms, conditions and prices. This Agreement will remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the City. 1 S.ODe ult. In the event either parry fails to comply with the provisions of this Agreement, the aggrieved parry may declare the other party in default and notify the defaulting party in writing. If City is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT will not be entitled to any consequential or delay damages. In the event partial payment has been made for such professional services not completed, the CONSULTANT must return such sums to the City within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party will bear its own costs and legal fees. 1 b.0lnsurance and Indemnification. The CONSULTANT agrees to comply with City's Insurance and Indemnification requirements that are set forth in Exhibit 2 which is identical to RFP Exhibit 2 17.0AUeement Not Exclusive. Nothing in this Agreement is intended to prevent the City from employing other CONSULTANTS to perform the same or similar services. 18.00odes, Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, statutes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. 19.0Taxes. CONSULTANT is responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.ODrug Free Workplace. CONSULTANT must comply with City's Drug Free Workplace policy which is made a part of this Agreement by reference. 21.01ndependent Contractor. CONSULTANT is an independent entity under this Agreement, and nothing contained herein will be construed to create a partnership, joint venture, or agency relationship between the parties. 22.ODuties and Responsibilities. CONSULTANT agrees to provide its services during the term of this Agreement in accordance with all applicable laws, rules, regulations, of the federal, state, and City, which may be applicable to the service being provided. 23.01-icenses and Certifications. CONSULTANT must secure all necessary business and professional licenses at its sole expense prior to executing the Agreement 24.0Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by the City Manager and in accordance with the Contract Documents and approved by the City Attorney as to form and legality. However, the City Manager's authority to approve a change in the work may not exceed $5,000 in total, taking into consideration all the prior changes, if any. 52 of 58 2S.OEntire Agreement. Modification, and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, whether written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. If this Agreement is required to be approved by the City Commission, then upon approval by resolution of the City Commission, the City Commission will be deemed to be a party hereto. This Agreement is binding upon and inures to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this Agreement will be valid or binding unless it complies with this paragraph. This Agreement, in general, and this paragraph may not be modified or amended by acts or omissions of the parties. If this Agreement was required by ordinance or the City Charter to be approved by the City Commission, no amendment to this Agreement will be valid unless approved by the City Commission. 26.OLury Tria . City and CONSULTANT knowingly, irrevocably, voluntarily and intentionally waive any right either may have to atrial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this Agreement or the performance of the Work thereunder. 27.OValidity of Executed Copies. This Agreement may be executed in several counterparts, each of which will be construed as an original. 28.ORules of Interpretation: Throughout this agreement the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.OSeverability. If any term or provision of this Agreement or the application thereof to any person or circumstance are, to any extent, deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable, will not be affected thereby and each and every other term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 30.00umulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this Agreement and the rights and remedies available to the City hereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this Agreement. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it will not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, will be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and will be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default may impair any such right or power nor may it be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 3 LONon-Waiver. City and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party will operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied 53 of 58 by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this Agreement as to any breach or default will not act as a waiver of any subsequent breach or default. 32.ONo Discrimination and Equal Employment: No action may be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT must comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of justice pertaining to employment eligibility and employment practices. By signing this Agreement, the CONSULTANT hereby certifies under penalty of perjury, to the City, that CONSULTANT follows all applicable regulations and laws governing employment practices. 33.OGoverning Laws. This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. 34.0Effective Date. This Agreement will not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter or City Ordinance, and the effective date will be the date of its execution by the last party so executing it. 35.OThird Party Beneficiga. It is specifically understood and agreed that no other person or entity may be a third party beneficiary hereunder, and that none of provisions of this Agreement are for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto will have any rights hereunder. 36.OFurther Assurances. The parties hereto agree to execute all other and further documents as might be reasonably necessary to ratify, confirm, and effectuate the intent and purposes of this Agreement. 37.0Time of Essence. Time is of the essence of this Agreement. 38.Olnterpretation. This Agreement may not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.OForce Majeure. Neither party hereto may be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party must notify the other of any such occurrence. 40.OSubcontracdng: If allowed by this Agreement, the CONSULTANT will be as fully responsible to the City for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors' and subconsultants' Agreements, if allowed by this Agreement, must be approved by the City. The CONSULTANT must require each subcontractor, who is approved by the City, to agree in the subcontract to observe and be bound by all obligations and conditions of this Agreement to which CONSULTANT is bound. 54 of 58 41.OPublic 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, must incorporate this paragraph in all of its subcontracts for this Project and must (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order 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 access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the public agency would provide the records and 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 the CONSULTANT does not transfer the records to the public agency; (d) Upon completion of the contract, meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONSULTANT or keep and maintain public records required by the public agency to perform the service. If the CONSULTANT transfers all public records to the public agency upon completion of the contract, the CONSULTANT will, upon Termination of the contract, destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT must 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 THE CONSULTANT 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@southmiamifi.gov; 6130 Sunset Drive, South Miami, FL .33143. 42.ONotices. Whenever notice is required or permitted herein, it must be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and will be deemed delivered on the date shown on the e- mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To City: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: skamali@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepeOa southmiamifi.gov 55 of 58 02 800a-aatsn,Fkmda-3 z E-mail. eUiotPMyMua.com- Fa3E: nla 43.0 CotRorate Authority: The CONSULTANT and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder, and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this Agreement is accepted and subject to the terms and conditions set forth herein. CONSULTANT By: y ale Elliot Cohen (Print Name Above) ATTESTED: City of South Miami � By: !� V� By: Nkilnga A. P} `ne, CMC Shari Karnali City Clerk v City Manager Read and Approved as to Form, Language, Legality and Execution thereof: By: �� ✓ Thomas F. Pepe City Attorney END OF SECTION S6 of 58 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 I. Scope of Work The City of South Miami (City) is seeking proposals from an experienced and capable Public Relations Consultant (Consultant) for the purpose of entering into an agreement with an individual or firm for services that include editorial and graphic production, and distribution related to an Email Communications Campaign. The Consultant will be responsible for creating bi-weekly City News and Updates; a total of 24 issues per year, to be posted on the City's website and distributed via e-mail communication to those who subscribe. The Consultant will be responsible for proposing content to the City Managers Office for the bi-weekly newsletter. Content may include, but is not limited to City projects, County news affecting City residents, upcoming City events, and health and safety advisories. City staff will approve or disprove drafts of the newsletter content provided by the Consultant in a timely manner and will continue to expect updated drafts/revisions until final approval is given. Expected distribution date on a bi-weekly basis, every other Thursday. II. Sample Samples of the current City News & Updates can be found by visiting: https://www.southmiamifl.gov/95/CITY-NEWS-UPDATES. The samples are provided as a reference only and may be altered based on Consultant's recommendation and City staffs approval. III. Vendors Qualifications. Experience & References All Vendors submitting a proposal must have at least 3 years prior experience in Public Relations or related field. The vendor must also submit sample document(s) of previous work designed and/or printed. W. Contract Period: A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total term of five (5) consecutive years. V. Proposal: Respondents shall submit a sample "City News Update Issue." The Issue may be written and formatted in any way the Consultant deems appropriate. 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 39 of 58 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. END OF SECTION 40 of 58 EXHIBIT 2 INSURANCE & INDEMNIFICATION REQUIREMENTS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must 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 must 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 must further ensure 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 must 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 41 of 58 (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. (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 must 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, FIRM must 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 must 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 must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below 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 Is 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 must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must 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 must 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 must include the declaration page and all required endorsements. In addition, the FIRM must 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: 42 of 58 "The City of South Miami is an additional insured. The insurer must 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: "This policy must 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 must 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 must 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 becomes 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 must 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 may 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. FIRM 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 FIRM or anyone acting through or on behalf of FIRM. B. FIRM must 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 FIRM, 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 FIRM's obligations under this AGREEMENT. C. FIRM must 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 FIRM, 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 FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, 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 FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM 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 must apply and this 43 of 58 subparagraph must 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 44 of 58 YCASoutiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 SUBMITTAL DUE DATE: October 21, 2020 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "Owner) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Qualifications", "RFP" or "E-Bidding"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid) to "City' will 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 responses to this RFP #HR2020-22, PUBLIC RELATIONS CONSULTANT SERVICES project 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 1, Attachment A 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 by accessing the following webpage: http://www.southmiami0.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 City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https:/Inetwork.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on October 21, 2020 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, October 21, 2020. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/4/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +I-786-635-1003 Meeting ID: 3056636339. 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 the one who provided the lowest Proposal Price and, 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 I of 58 DemandStar Registration and User Account Sign -in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https:llnetworl<.demandstar.com/ which on April 3, 2020 brings up the following message. DemandStar is committed to helping all government agencies source qualified suppliers for COVID-19 emergency response. Governments If you area government agency who needs Ebidding capability to receive supplier responses online, please fill out this form and we will get back to you immediately. Ebidding is offered at no charge to governments. Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar network, please click here to create your account and get notified of bidding opportunities. 11, Y DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. POTION SCOPE OF SERVICES and SCHEDULE OF VALUES PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, ATTACHMENT A. 3of58 SCHEDULE OF EVENTS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 No Event Date* Time* (EST) I Advertisement/ Distribution of Solicitation & Cone of Silence be ins 9/25/2020 1:00 PM 2 Deadline to Submit Questions 10/13/2020 10:00 AM 3 Deadline to City Responses to Questions 10/16/2020 10:00 AM DEADLINE TO SUBMIT RFP RESPONSE: 4 The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to .https://networ demandstar.com/ 10/21/2020 10:00 AM E-BID OPENING VIA VIDEO CONFERENCING S VIA THE ZOOM PLATFORM at https://zoom.us/m/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +l-786-635-1003 Meeting ID: 3056636339. 10/21/2020 10:30 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 11/17/2020 7:00 PM END OF SECTION 4 of 58 INSTRUCTIONS for RESPONDENT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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 must 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 must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must 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 will 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 penalties 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 will 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 will govern and take precedence over the conflicting provision(s) in the Solicitation. 5of58 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by October 13, 2020 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick _ southmiamifl.Eov or via facsimile at (305) 669-2636. 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, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation's 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 will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will 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 will 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 will 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 will 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, E-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 may 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. 6 of 58 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. 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 following a conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-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 E-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 must 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 must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must 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 must 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) ProposaVE-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 will 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) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent's risk, and errors will 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 after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 58 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 will 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 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 will 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 will 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 must 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 will 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 must 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 must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for this Project. 20. Respondent must 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 will 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 will 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 E-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 will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: All Respondents must 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, 8 of 58 as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/E-bid Bond, if required for this project, will 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 will 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/E-bid Bond, if required for this project, will be applied to the payment of those costs and any balance will be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/E-bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the ProposaVE-bid Bond Form included herein. A company or personal check will 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 must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must 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 must 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 must guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project 28.4. Each Bond must 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 must ensure that the Bond(s) referenced above must be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 28.6. The surety company must 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, must 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 will, at the City's option, forfeit the Proposal/E-bid Bond/Security that accompanied the Proposal, and the Proposal/E-bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/E-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 ProposaVE-bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. ProposaVE-bid Bond/Security deposited In the form of a cashier's check drawn on a local bank in good standing must comply with the same requirements as a ProposaVE-bid Bond. 30. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will 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 9 of 58 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, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFP, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E-bidder with the lowest price, or in the case of an RFP, with the next best qualifications, or to reject all E-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 will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's E-bid Form and a Respondent's Cost and Technical Proposal if they are included with this Solicitation Package. 33. Cancellation of E-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 may 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 E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will 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'J. An E-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 E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. E-Bid Protest Procedure. See attached EXHIBIT 9. 37. Evaluation Criteria. If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBITS. 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 E-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 E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi -governmental entity which uses this formal solicitation and resulting E-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 E-bidder(s)/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 E-Bidder or their assignee of such occurrence, will 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 must 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 must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to 10 of 58 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 must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must 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 must 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 must copy and paste the applicable statutory provision (this listing requirement will 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 will 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 a protective order, the City will produce the requested information or document. The City will 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 must 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 will govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFP). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hail, 6130 Sunset Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or container and must 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, will 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. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. I I of 58 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. END OF SECTION 12of58 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 NOTE: SUBMIT UNDER EXHIBIT 4A I. Format and Content of RFP Response Firms responding to the Solicitation must disclose their qualifications to perform the project as described in Exhibit 1, Scope of Services, Attachments A for City in the format set forth below. Failure to provide requested information may result in your Response to the Solicitation being deemed non -responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR PROPOSALS FOR PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to prepare City's project described in Exhibit 1, Scope of Services, Attachment A, and your firm's understanding of the work to be done and include a commitment to perform the work in accordance with the terms of the Response to the Solicitation being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. Response to the Solicitation: This section should summarize the key points of your submittal. Limit to one (1) to five (S) pages. Response to the Solicitation must include the following. 1. Respondent's qualifications to perform the services detailed in Exhibit 1, "Scope of Services, A." 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in this engagement and their experience with similar engagements, including the percentage of project time projected to be spent by each person. 4. In addition to submission of the "Respondents Qualification Statement" found in the RFP, Respondents experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of 13 of 58 this type. Experience shown should be of the lead project personnel who will be assigned to the City's project and will routinely be interfacing with the City. D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the Solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City regarding the day-to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this engagement that are provided by your firm, through subcontractors or sub consultants. F. Other Relevant Experience Provide a description of your proposed primary individuals' relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFP. Please limit your response in the section to five (S) pages. END OF SECTION 14 of 58 CONE OF SILENCE ORDINANCE, SECTION 8A-7 PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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 CUP"), request for qualification ("UP"), 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; 15of58 (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; (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 16 of 58 PROPOSAL SUBMITTAL CHECKLIST FORM PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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 must include the following items: The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its X discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Proposal, EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Supplemental Instructions for Respondents, submit under EXHIBIT 4A X Signed Professional Services Agreement EXHIBIT 6 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 Parry 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 17 of 58 RESPONDENT QUALIFICATION STATEMENT PUBLIC RELATIONS CONSULTANT SERVICES RF P #H R2020-22 The response to this questionnaire will be utilized as part of the CITrS overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Date: Original Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Date: Original Contract Price: c) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Date: Original Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Date: Original Contract Price: 18 of 58 e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Date: Original Contract Price: 3. Current workload + The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel. S. 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 against the Respondent in the last five (5) years 19 of 58 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: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 20 of 58 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondent must 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. —his list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 21 of 58 NON -COLLUSION AFFIDAVIT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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/ShelThey 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 ACKNOWLEDGEMENT On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individuals) 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 22 of 58 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Notary Public, State of Florida (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. 23 of 58 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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. I. This sworn statement is submitted to by for [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 Statutes, means 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 24 of 58 market value under an arm's length agreement, will 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 convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutesmeans 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 1, 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 IDENTIFIED 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) 25 of 58 DRUG FREE WORKPLACE PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug -free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will 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 must: 1) 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 will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's 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 Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer 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) 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENTs Signature: Print Name: Date: 26 of 58 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 TO THE CITY OF SOUTH MIAMI We, . (Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANT for the PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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 N/A (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. 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 will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's 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 E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or polo 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) 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR Witness BY: Name Title 27 of 58 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020.22 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 appears 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: http,//www.dms.m4orida-com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as the "Declarant") state, that the following facts 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_pu rchasing/vendor_informati on/convicted_suspended—di scriminatory_complai nts_ven dor_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. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. (Print name of Declarant) By: (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 28 of 58 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) 29 of 58 RELATED PARTY TRANSACTION VERIFICATION FORM PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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 1 hereby certify, under penalties of perjury that to the best of my knowledge, information and belief. (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-I, 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) must 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) must 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) must 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. 30 of 58 (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 make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:IPurchasing\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) must 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 bf 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) must 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 penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: Print Name & Title: Date: 31 of 58 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) Definitions. 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. (5) 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. 32 of 58 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 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. f3) 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. f4) 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 Ming 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. Q) Compulsory disclosure by employees of f 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 con f tdential 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 treasonably 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. 33 of 58 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. (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 I -I I 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 34 of 58 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 (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFR 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. 35 of 58 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 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, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must 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, must not be required to pay any registration fees. No person may 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 penalties 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 may 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, will not be required to pay any registration fees. The Affidavit of Representation must 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 36 of 58 NOTICE OF AWARD PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 The City has considered the Proposal submitted by your firm for the PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal, after Phase III, "Competitive Negotiations of the Evaluation Process has been completed," has been accepted for the PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 in the amount of $ , broken down as follows: 5-Year Lump Sum Proposal: 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, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will 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. 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. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: Shari Karnali 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 37 of 58 NOTICE TO PROCEED PUBLIC PROFESSIONAL SERVICES CONTRACT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 TO: DATE: PROJECT DESCRIPTION: PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 in accordance with Plans and specifications, if any, as may be prepared in whole or in part by CONSULTANT, referenced in the Supplementary Conditions and Contract Documents. You are hereby notified to commence Work in accordance with the Contract dated , on or before You are to complete the work within NIA. The date of completion of all Work is therefore 20 City of South Miami BY: (print name) City Manager, or designee ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this day of , 20. BY: TITLE: END OF SECTION 38of58 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 I. Scope of Work The City of South Miami (City) is seeking proposals from an experienced and capable Public Relations Consultant (Consultant) for the purpose of entering into an agreement with an individual or firm for services that include editorial and graphic production, and distribution related to an Email Communications Campaign. The Consultant will be responsible for creating bi-weekly City News and Updates; a total of 24 issues per year, to be posted on the City's website and distributed via e-mail communication to those who subscribe. The Consultant will be responsible for proposing content to the City Manager's Office for the bi-weekly newsletter. Content may include, but is not limited to City projects, County news affecting City residents, upcoming City events, and health and safety advisories. City staff will approve or disprove drafts of the newsletter content provided by the Consultant in a timely manner and will continue to expect updated drafts/revisions until final approval is given. Expected distribution date on a bi-weekly basis, every other Thursday. IL Sample Samples of the current City News & Updates can be found by visiting: https://www.southmiamifl.gov/9S/CITY-NEWS-UPDATES. The samples are provided as a reference only and may be altered based on Consultant's recommendation and City staffs approval. III. Vendor's Qualifications, Experience & References All Vendors submitting a proposal must have at least 3 years prior experience in Public Relations or related field. The vendor must also submit sample document(s) of previous work designed and/or printed. IV. Contract Period: A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total term of five (5) consecutive years. V. Proposal: Respondents shall submit a sample "City News Update Issue." The Issue may be written and formatted in any way the Consultant deems appropriate. 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 39 of 58 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. END OF SECTION 40 of 58 EXHIBIT 2 INSURANCE & INDEMNIFICATION REQUIREMENTS PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Insurance A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must 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 must 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 lies) must include: Employers' Liability at the statutory coverage amount The FIRM must further ensure 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 must 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 41 of 58 (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. (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 must 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, FIRM must 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 must 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 must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below 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 Is 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 must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must 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 must 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 must include the declaration page and all required endorsements. In addition, the FIRM must 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: 42 of 58 "The City of South Miami is an additional insured. The insurer must 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: "This policy must 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 must be delivered to the City by certified mail, with proof of delivery to the City." 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 must 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 becomes 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 must 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 may 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. FIRM 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 FIRM or anyone acting through or on behalf of FIRM. B. FIRM must 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 FIRM, 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 FIRM's obligations under this AGREEMENT. C. FIRM must 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 FIRM, 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 FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, 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 FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM 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 must apply and this 43 of 58 subparagraph must 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 44 of 58 EXHIBIT 3 RESPONDENTS BID FORM PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 SUBMITTED THIS DAY OF PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal E-mail Address 20 I. If this Proposal, including Exhibit 3 and Exhibit 4, 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 (Scope of Services, Attachment A), and Exhibit 3 for the Proposed Price as set forth below or in Exhibit 4, 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/E-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 E-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. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d. 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 45 of 58 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 the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, EXHIBIT 4 as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this E-bid Form and will take the place of the Lump Sum Price.- S. 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 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 Respondent's Cost & Technical Proposal, EXHIBIT4, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this E-bid Form, and are made a part of this proposal, by reference. 8. By submitting this proposal, I, on my own behalf and 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. 9. 1 hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this E-bid Form, that I have authority to E-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. By: Signature [print name] [print title] END OF SECTION 46 of 58 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement. A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." SUBMITTED THIS PROPOSAL SUBMITTED BY: YEAR I: $ YEAR 2: $ YEAR 3: $ YEAR 4: $ YEAR 5: $ TOTAL: $ DAY OF Company Name of Person Authorized to Submit Proposal Signature Title 20 Telephone Number Fax Number Email Address END OF SECTION 47 of 58 EXHIBIT 4A RESPONDENTS RESPONSE TO SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 48 of 58 EXHIBIT 5 EVALUATION SELECTION PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Scoring and Ranking Phase I - Competitive Selection -Ranking: maximum 100 points per committee member. Proposals will be evaluated by an Evaluation Selection Committee which will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge. Respondents deemed as best suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked consultant. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The Technical Criteria used for determining qualifications for ranking include: I. Qualifications, competency and technical expertise of the firm and personnel to perform the services in accordance with the Scope of Services: Maximum Points: 25 2. Format, professional appearance and layout of the Respondent provided "Sample City News Update Issue" as described in the Scope of Services: Maximum Points: 30 3. Pricing. How does the proposed bid price compare a) to other proposals and b) to previous contract bid(s), current market trends and/or studies: Maximum Points: 20 4. Samples of work and related past and/or current experience: Maximum Points: 20 S. References/Good-standing with previous clients: Maximum Points: 10 Phase 11- Oral Presentations Upon completion of the criteria evaluation indicated above by the Evaluation Selection Committee, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation and/or interviews with the Respondent (s) which the Evaluation Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters; based on the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re -rate, and re -rank the Proposals remaining in consideration based upon the written documents, combined with the oral presentation. END OF SECTION 49 of 58 EXHIBIT 6 PROFESSIONAL SERVICE AGREEMENT PUBLIC RELATIONS CONSULTANT SERVICES RFP #H R2020-22 THIS AGREEMENT made and entered into this day of , 20 by and between the City of South Miami, a municipal corporation of the State of Florida (hereinafter referred to as Owner) by and through it is City Manager (hereinafter referred to as City) and authorized to do business in the State of Florida (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this Agreement, the City of South Miami, through its City Manager, and the CONSULTANT agree to the following terms and conditions: 1.0 General Provisions I.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this Agreement. This Agreement does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2The City agrees that it will furnish to the CONSULTANT all necessary and available documents in the possession or control of the City pertaining to the WORK to be performed under this Agreement promptly and upon request of the CONSULTANT after the issuance of the Notice to Proceed. 1.3 The Solicitation documents for PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-XX are attached hereto as Exhibit 3. 2.0 This Agreement and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the City's PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-XX. 3.0 Scope of Services The scope of services is as set forth in the solicitation documents or as set forth in the attached as Exhibit I, Attachment A which are identical to RFP Exhibit I, Attachments A. 4.0 Time for Completion 4.1 The services to be rendered by the CONSULTANT for any WORK must be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement and must be completed within the time based on reasonable determination, stated in the said Notice to Proceed or as otherwise agreed to in writing and signed by the parties to this Agreement. 4.2 A reasonable extension of time will be granted in the event there is a delay on the part of the City in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of its duties impossible. 5.0 Basis of Compensation: The fees for services of the CONSULTANT will be determined by one of the following methods or a combination thereof, as mutually agreed upon by the City and the CONSULTANT. S. I A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the City and the CONSULTANT and if such an agreement is reached, it must be in writing, signed by the CONSULTANT and attached hereto as Exhibit 5.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an 50 of 58 agreement as to a fixed sum, the City agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the hourly rates that will include all wages, benefits, overhead and profit and it must be in writing, signed by the CONSULTANT and attached hereto as Exhibit . 6.0 Payment and Partial Payments. The City will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in Exhibit schedule of payment or, if no schedule of payment is attached to this Agreement then payment will be made, 30 days following the receipt of CONSULTANT's invoice, as the work progresses but only for the work actually performed. 7.0 Right of Decisions. All services must be performed by the CONSULTANT to the satisfaction of the City Manager, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value. The City Manager's decisions upon all claims, questions, and disputes will be final, conclusive and binding upon the parties. 8.0 Ownership of Documents. All reports, documents, plans, information and data developed by the CONSULTANT for the purpose of this Agreement will become the property of the City without restriction or limitation. 9.0 Audit Rights. The City reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are paid on a time or cost basis. 10.0 Subletting. The CONSULTANT may not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The City may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all the City's requirements to the City's sole satisfaction. The CONSULTANT may not subcontract this Agreement or any of the services to be provided by it without prior written consent of the City. Any assignment or subcontracting in violation hereof will be void and unenforceable. I.OUnauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. This applies to any sub -CONSULTANT used by the CONSULTANT as well. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right, the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.OWarranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City will have the right to annul this contract without liability. 13.OTermination. It is expressly understood and agreed that the City may terminate this 51 of 58 Agreement for any reason, or no reason, and without penalty, by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, City may terminate this Agreement by written notice to CONSULTANT, and in either event the City's sole obligation to the CONSULTANT will be payment for the work previously authorized and performed in accordance with the provisions of this Agreement. Payment will be determined based on the work performed by the CONSULTANT up to the time of termination. Upon termination, the City will be entitled to a refund of any monies paid for any work that was not performed. 14.OTerm. The initial Contract will commence on the date set forth in the Notice to Proceed and will continue for a period of one ( 1)�with an opportunity for the City to extend the Contract, at the City Manager's discretion, for fo�4)�Year Option to Renew, (renewal period,) for a term not to exceed five (5) consecutive years, at the same terms, conditions and prices. This Agreement will remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the City. S.ODefault. In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If City is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT will not be entitled to any consequential or delay damages. In the event partial payment has been made for such professional services not completed, the CONSULTANT must return such sums to the City within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party will bear its own costs and legal fees. 16.01nsurance and Indemnification. The CONSULTANT agrees to comply with City's Insurance and Indemnification requirements that are set forth in Exhibit 2 which is identical to RFP Exhibit 2 17.OAgreement Not Exclusive. Nothing in this Agreement is intended to prevent the City from employing other CONSULTANTS to perform the same or similar services. 18.0Codes, Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, statutes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. 19.OTaxes. CONSULTANT is responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.ODrug Free Workplace. CONSULTANT must comply with City's Drug Free Workplace policy which is made a part of this Agreement by reference. 21.01ndependent Contractor. CONSULTANT is an independent entity under this Agreement, and nothing contained herein will be construed to create a partnership, joint venture, or agency relationship between the parties. 22.ODuties and Responsibilities. CONSULTANT agrees to provide its services during the term of this Agreement in accordance with all applicable laws, rules, regulations, of the federal, state, and City, which may be applicable to the service being provided. 23.01-icenses and Certifications. CONSULTANT must secure all necessary business and professional licenses at its sole expense prior to executing the Agreement. 24.00hange Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by the City Manager and in accordance with the Contract Documents and approved by the City Attorney as to form and legality. However, the City Manager's authority to approve a change in the work may not exceed $5,000 in total, taking into consideration all the prior changes, if any. 52 of 58 25.OEntire Agreement Modification. and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, whether written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. If this Agreement is required to be approved by the City Commission, then upon approval by resolution of the City Commission, the City Commission will be deemed to be a party hereto. This Agreement is binding upon and inures to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this Agreement will be valid or binding unless it complies with this paragraph. This Agreement, in general, and this paragraph may not be modified or amended by acts or omissions of the parties. If this Agreement was required by ordinance or the City Charter to be approved by the City Commission, no amendment to this Agreement will be valid unless approved by the City Commission. 26.OLury Trial. City and CONSULTANT knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this Agreement or the performance of the Work thereunder. 27.OValidity of Executed Copies. This Agreement may be executed in several counterparts, each of which will be construed as an original. 28.011ules of Interpretation: Throughout this agreement the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.OSeverability. If any term or provision of this Agreement or the application thereof to any person or circumstance are, to any extent, deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable, will not be affected thereby and each and every other term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 30.00umulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this Agreement and the rights and remedies available to the City hereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this Agreement. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it will not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any parry hereto, or existing at law or in equity, will be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and will be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default may impair any such right or power nor may it be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 31.ONon-Waiver. City and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either parry will operate as a waiver of any right, power, or privilege under this Agreement No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied 53 of 58 by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this Agreement as to any breach or default will not act as a waiver of any subsequent breach or default. 32.ONo Discrimination and Equal Employment: No action may be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT must comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement, the CONSULTANT hereby certifies under penalty of perjury, to the City, that CONSULTANT follows all applicable regulations and laws governing employment practices. 33.OGoverning Laws. This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. 34.0Effective Date. This Agreement will not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter or City Ordinance, and the effective date will be the date of its execution by the last party so executing it. 35.OThird Party Beneficiary. It is specifically understood and agreed that no other person or entity may be a third party beneficiary hereunder, and that none of provisions of this Agreement are for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto will have any rights hereunder. 36.OFurther Assurances. The parties hereto agree to execute all other and further documents as might be reasonably necessary to ratify, confirm, and effectuate the intent and purposes of this Agreement. 37.OTime of Essence. Time is of the essence of this Agreement. 38.0Interpretation. This Agreement may not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.OForce Majeure. Neither party hereto may be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party must notify the other of any such occurrence. 40.0Subcontracting: If allowed by this Agreement, the CONSULTANT will be as fully responsible to the City for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors' and subconsultants' Agreements, if allowed by this Agreement, must be approved by the City. The CONSULTANT must require each subcontractor, who is approved by the City, to agree in the subcontract to observe and be bound by all obligations and conditions of this Agreement to which CONSULTANT is bound. 54 of 58 41.OPublic 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, must incorporate this paragraph in all of its subcontracts for this Project and must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order 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 access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the public agency would provide the records and 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 the CONSULTANT does not transfer the records to the public agency; (d) Upon completion of the contract, meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONSULTANT or keep and maintain public records required by the public agency to perform the service. If the CONSULTANT transfers all public records to the public agency upon completion of the contract, the CONSULTANT will, upon Termination of the contract, destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT must 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 THE CONSULTANT 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. 42.ONotices. Whenever notice is required or permitted herein, it must be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and will be deemed delivered on the date shown on the e- mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To City: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: skamali@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpeepelG)southmiamifl.gov 55 of 58 To CONSULTANT: E-mail: Fax: 43.0 Corporate Authority: The CONSULTANT and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder; and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this Agreement is accepted and subject to the terms and conditions set forth herein. ATTESTED: By: Nkenga A. Payne, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: Thomas F. Pepe City Attorney CONSULTANT By: (Print Name Above) City of South Miami By: Shari Kamali City Manager END OF SECTION 56 of 58 EXHIBIT 7 City of South Miami E-bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 The following procedures will be used for resolution of protested solicitations and awards. The word "E- 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 E-bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any E-bid specifications or any E-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 E-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 E-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 an E-E-bidder whose offer may not be the lowest E-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 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. 57 of 58 (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 58 of 58 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL PUBLIC RELATIONS CONSULTANT SERVICES RFP #HR2020-22 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services, Attachment A, with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Respondents shall submit a "Lump Sum" proposal for each year of the five-year agreement A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options -to -renew, for a total of five (5) consecutive years. All work shall be in accordance with Attachment "A." "Scope of Services." YEAR I: $ $18,000 YEAR 2: $18,000 YEAR 3: $ $18,000 YEAR 4: $ $18,000 YEAR 5: $ $18,000 TOTAL: $ $90,000 SUBMITTED THIS 21 DAY OF October 2020 . PROPOSAL SUBMITTED BY: My PR Guru, LLC 561-676-4949 Company Telephone Number Elliot Cohen n/a Name of Pppo_n' o e 6'Su mit Proposal Fax Number ellioIPgun� com SigSignatureEmail My�Address Owner Tide END OF SECTION 47 of 58 11/4/2020 Detail by Entity Name pgpannieni of Stale / Divis nn of Gornarations / Search Records / Search y r*1y Nance I Detail by Entity Name Florida Limited Liability Company MY PR GURU, LLC Filing Information Document Number L16000200957 FEUEEN Number 814326343 Date Filed 10/31/2016 State FL Status ACTIVE Principal Address 11419 W. Palmetto Park Road, #971402 BOCA RATON, FL 33497 Changed: 01/10/2018 Mailing Address 11419 W. Palmetto Park Road, #971402 BOCA RATON, FL 33497 Changed: 01 /10/2018 gggistered Agent Name & Address COHEN, ELLIOT 11419 W. Palmetto Park Rd. #971402 BOCA RATON, FL 33497 Address Changed: 06/17/2017 Authorized Persons) Detail Name & Address Title AMBR COHEN, ELLIOT 11419 W. Palmetto Park Rd. #971402 BOCA RATON, FL 33497 Annual Reports Report Year Filed Date search.sunbiz.org/Inquiry/CorporationSeardVSearchResultDotail?inquirytype=EntityNameBdirectionType=lnitial&searchNameOrder-MYPRGURU L1.. 133 „t 1114/2020 Detail by Entity Name 2018 01 /10/2018 2019 01/23/2019 2020 03/17/2020 ftcumen# Images =17/2020— ANNUAL, REPORT View image in PDF format QUr 019 —ANNUAL REPORT View image in PDF fcrmat 0,1LfAi2OjS — ANNUAL REPORT View image in PDF format C, fjj7/2A17 — ANNUAL REPORT View image in PDF format j iQ1/2016 — F71gddo Limited LiabUlty View image in PDF format 134 search.stmbi¢.org/Inquiry/CorporationSearch/SearchResuitDetaii?inquirytype=EntityName&directionType=Initial&searchNameOrder=MYPRGURU L1... ,,z. 2020 FLORIDA LIMITED L.IASILITY COMPANY ANNUAL. REPORT DOCUMENT# L16000200957 Entity Name: MY PR GURU, LLC Current Principal Place of Business: 11419 W. PALMETTO PARK ROAD, #971402 BOCA RATON, FL 33497 Current Mailing Address: 11419 W. PALMETTO PARK ROAD, #971402 BOCA RATON, FL 33497 US FEI Number: 81-4326343 Name and Address of Current Registered Agent: COHEN, ELLIOT 11419 W. PALMETTO PARK RD. #971402 BOCA RATON, FL 33497 US FILED Mar 17, 2020 Secretary of State 9112608976CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail: Title AMBR Name COHEN, ELLIOT Address 11419 W. PALMETTO PARK RD. #971402 City -State -Zip: BOCA RATON FL 33497 I hereby cer* that the information Micated on this report or supplemental report is true and accurate and that my electronic signature shan have the some tega/ effect as it made under oath; that I am a managbrg member or manager of the lknfted nabinty company or the receiver or trustee empowerod to execute this report as required by Chapter 605. Florida Statutes; and that my name appows above, or on an attachment with aU other /&a empowered. SIGNATURE: ELLIOT COHEN PRINCIPAL 03/17/2020 Electronic Signature of Signing Authorized Person(s) Detail Date 135 0� ALM Discover. Connect. Compete. Please Remit To: CITY OF SOUTH MIAMI ALM Media, LLC n �, PO Box 936174 Atlanta, GA 31193-;174 CPtY CLERK'S OFFICE ECEIVE OCT 13 2020 Y CLERK'S OFFICE Daily Business Review Miami Dade Customer No: 9005479 Attention To: NKENGA "NIKKI" PAYNE Invoice #: 111114903950929 NKENGAA. PAYNE Invoice Dale: 09/29/2020 6130 SUNSET OR Due Date: Due Upon Receipt SOUTH MIAMI, FL 33143 AMOUNTDUE: stle.7a Amount RemiUad PLEASE RETURN THIS SECTION WITH PAYMENT Daily Business Review Miami Dade Invoice Date: 0912912020 Customer#: 9005479 MRIIFAE iesolotI Descdpuan Amount 1000049,0395-0929 PlacementlPosition: Bids/Heamgs/Meebngs/Ordinances/Bid Notices & RFPs S116.73 Run Dates: 09/29/2020 Ad Size: 2 x 6.67 Inches Subtotal 5716.73 CITY OF SOUTH MIAMI - RFP #HR2020.22 Total Due S116.73 Visit our online payment portal at http:llalmpaymentcenter.com to pay via credit card For Ellllnp questions, please email: ALMcollemlonlitalm.com. afto AjOr ALM Discover. Connect. Compete. 136 MIAMI DAILY BUSINESS REVIEW Published Daiy accept Saturday Sunday am Legal Hol days Miami, Momi-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authonty personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review Mile 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 CITY OF SOUTH MIAMI - RFP aHR2020-22 in the )00 X Court, was published in said newspaper In the Issues of 09/292020 Adam fuller says that the said Miami Daily Business Review is a newspaper 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 mid Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he or she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swomlb and subscribetl before me this 29 dt 1 SEP BER, AD. 2020 ( FAL) GUILLERMO GARCIA personalty known to me sour Ov 'try i y. 3 J p 1a27 r <O RtO CITY OF SOUTH MIAMI PUBLIC RELATIONS CONSULTANT SERVICES RFP SHR2020-22 SUBMITTAL DUE DATE: OCTOBER 21, 2020 AT 10 AM SOLICITATION COVER LETTER The City is hereby requesting sealed responses to RFP IHR2020-22, PUBLIC RELATIONS CONSULTANT SERVICES project. 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, (E)ORBIT L Attachment A 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 by accessing the following webPage: hftpJ/www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to hutp _network-demandster.comi See directions for registering and signing sW Into your DemandStar user account on the next page following the Solicitation Cover Letter. Proposals must be received electronically through DemandiSter, no later than 10:00 A.M. local time (the 'Closing Dete') on October 21, 2020 and any Proposal received by the City through DernandStar after 10:00 am. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. —E-BID OPENING VIA VIDEO CONFEFIENGNG:- -, -- The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, October 21, 2020. The City Clerk will conduct the E-Sid Opening through video conferencing using the Zoom PlaUorm Members of the public my view the meeting via Zoom at https Izoom.usll/dO5B83sm or listen to the meeting on a dedicated phone One by dialing r1-786-635-IW3 Meeting ID: 3056636339. Nkenga A. Payne, CMC City Clerk City of South Miami 929 20-26/0000491KI951,11 137 Member Name CITY OF SOUTH MIAMI Bid Number RFP HR2020-22 Bid Name PUBLIC RELATIONS CONSULTANT 3 Document(s) found for this bid 14 Planholder(s) found 408 NOTIFIED Supplier Name Addressl City State Zip Phone Attributes ASGK Public Strategies LLC dba Kivvit 222 W Merchandise Mart Plaza Chicago IL 60654 Corcoran and Associates Inc/ dba Corcoran Partners 19401 Shumard Oak Drive Land 0 Lakes FL 34638 8135270172 De Leon Business Consulting Group LLC 4405 W 12th Lane #1 D Hialeah IFL 33012 Finn Partners 301 E 57th St New York NY 10022 12127151600 Ink Link Marketing LLC 6073 NW 167th Street Hialeah FL 33015 3056312283 Woman Owned Jacober Creative 690 Lincoln Road, Suite 201 Miami Beach FL 33139 3066723932 Kress Communications, LLC 689 NE 61 St. Miami FL 33137 3057632429 My PR Guru, LLC 11419 W. Palmetto Park Road #191402 Boca Raton IFL 33497 5616764949 O'Connell & Goldberg 1955 Harrison Street Hollywood FL 33020 19549649098 Public Communicators Group 17301 Biscayne Blvd NORTH MIAMI BEACH FL 33160 Small Business Quest Corporation of America 17720 Camelot Court Land 0 Lakes FL 00000 Small Business, Woman Owned Relebrand 800 Douglas Road Coral Gables IFL 33134 The Brand Advocates, Inc. 1951 NW 7th Avenue Miami IFL 33136 Tierra South Florida, Inc. 2765 Vista Parkway West Palm Bea FL 133411 15616878539 138 18SE NEIGHBORS SUND" MOVEMBER 12020 MIAMIHERALO.COM GROSS GROCERS Roaches, mold: South Florida grocers fail inspection BY DAWD I. NML daruh0ml4mumaM.mm Two national chains, roaches, flies and mold make appearances on this geographically diverse edition of Gross Grocers. In a rarity, this look at inspections of food sellers and handlers hits for the South Florida cycle — rep- resentation from Miami - Dade, Broward, Palm Beach and Monroe coun- ties. Now the rules: Unlike Florida Department of Business and Professional Regulation inspections of restaurants, failing doesn't mean a store gets closed until it passes. But parts of the store can be put under a Stop Use order until the problem gets properly addressed. A place gets enough Slop Use orders, it might not have enough parts of the store it can use to make opening worth- while. What follows comes from Florida Department of Agriculture inspection of groceries, supermarkets, minimarts, convenience stores, food storage, food distribution and food pro- testing facilities. If want a place inspected or Want to report a problem, don't email us. Go to the Depart- ment of Agriculture web - site and file a complaint. We don't decide who gets inspected or how strictly they get inspected. We report without passion or prejudice, but with a loaf of humor. In alphabetical order: De Leon Seafood, 201 20th St., Marathon: We onvlDI E. aezlNmumme,aNaom Moldy peppers. know things can be a little more raw and outdoorsy in the Keys, but even in Flip - Flop Land, one must ob- serve some indoor living cleanliness rules. Such as having a way to wash, rinse and sanitize cookware. "Warewash sink was found outside, but not attached." And there needs to be a hatudwash sink in the area where the ready -to -eat stone crabs are processed. "Ceiling located above the cooker for ready -to -eat stone cabs was found open, not sealed properly, to prevent cross contam- ination or protect food." So, who knows what kind of ceiling sauce dripped on the stone crabs? Fumro Supermarket, 13660 SW 56th St., West Miami -Dade: Maybe it's called "Futuro" because that's when the owners Plan to get the permit they didn't have. They also didn't have a handwash sink in the food service area "where the hot box food items are served/ packaged and the pork rinds/pork shoulders are served/packaged for cus- tomers." They did have a hand - washing sink that "shoots water at the person wash- ing hands from the base where the faucet attaches to the sink basin." Seems like that would deter use. Futuro's got until Dec. 3 to deal with that. More immediately, they need to address the employee washing, rinsing, but not sanitizing utensils and dishes. Also, the bread pudding, flan and arroz con leche bore no indication who made them or from whence they came. Bastard. An ice machine had "black, mold -like grime encrusted on the interior housing and icemaking portion." Papa Com's House, 15595 SW 177th Ave., South Miami -Dade: "No toilet installed in a fixed building is available on the premises. Only a portable restroom is available at the location." Having mystery food — no manufacturer informa- tion on custard, fruit in syrup and pasta salad — got all of that tossed. Papa didn't stop being a rolling stone long enough to get a septic permit from the Department of Health. Stop Use orders already sidelined all open food handling areas, food equip- ment and processing areas. The inspection says Pa- pa's folks moved some equipment outside to the taco food truck, which would be covered by the Florida Department of Business and Professional Regulation inspectors, and promised to work from there. CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance wish City of South Mlaml Code, Chapter 286.011, Fla. Slat the City'a Home Rule Powers, and the City Manager's dedarallon of a stale of emergency due to the Conmavbus, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, November 17, 2020 at 7:00 p.m. to consider the following public hearing kemle): The City Manager Is authorized to enter Into a mullFyear agreement with My PR Guru, LLC for public relations consulting services. A Resolution authorizing the City Manager to enter Into a three-year agreement with an option to renew for a maximum of five consecutive years, with High Sources, Inc far janitorial services at multiple City facilities. A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at 5907 SW 80 Street and as legally described herein. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article I, Section. 2.2.1 to change the time for submitting add -on items to the Agenda and providing for attending Commission meetings remotely. An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(A) (B), (C) and Of to provide for virtual meetings, election day meeting conflicts, attendance mutely, authority of the person chairing the meeting to make motions and vote on all motions and clarifying that board members are nomination and not recommended for membership. Governor DeSanBs's Executive Order (E.O.) Number 20-69 suspended that portion of Section 166.041 (4), Fla. Slat., that required a quorum to be physically present to adopt revolutions and enact ordinances. If E.O. No. 2059 la extended. City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the public may join the moving via Zoom at (hfps://wom.u5fj/305663E338) and participate. If E.O. No. 20Eg Is not extended, three members of the City Commissioner will be physically present in the City Commission Chambers' and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from other locations. It you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available Including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which Is set forth in the meeting notice posted at City Hall and at hftp://www.southmiamifl.gov/580/Public-Meetngs-Ndices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at be meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is I. be based. AOA To request a modification to a policy, practice or procedure or to reddest an auxiliary aide or service in order to pancipate In a City program. activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mall of 6130 Sunset Drive. South Miami. Florida or email at npayne, southmlamlll.fi v. Nkenga A. Payne, CMC City Clerk rn....m.,,. e.,.a.,d.,w mans. 1.s .w.nwwe."web.. .11 m�sr.b.n.i-A,r.v.,ar wn.,..m.,.a WO vn.�. m a e waw.m,..mwo. ••• 139 017E MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami -Dade Cwray, Florida 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 Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida: that the allached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARINGS - NOV. 17. 2020 In the XXXX Court, was published in said newspaper in the Issues of 11/0612020 Alfient further says that the mid Miami Deily Business Review is a newspaper published at Miami. In said Miami -Dade County, Florida and that the said 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 afhant further says that he or she has neither paid nor premised any person, fmn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the mid newspaper. q"/"L LL?7- Syram\J and subscribed before me this 6 day of NOVEkWR. A.D. 2020 (SEAL) GUILLERMO GARCIA personally known to me i y ncww+„•nn 192•a P •DLO R1„ CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance with City of South Miami Code, Chapter 286.011, Fla. Slat, the City's Home Rule Powers. and the City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, November_�7 2020 at 1M P.m.. to consider the following Public hearing item(s): The City Manager is authorized to enter Into a multi -year agreement with My PR Guru, LLC for public relations consulting services. A Resolution authorizing the City Manager to enter into a three-year agreement with an option to renew for a maximum of five consecutive years, with High Sources, Inc. for janitorial services at multiple City facilities. Aresolution relating to a Waiver of Plat request to allow a subdivision of property located at 5907 SW 80 Street and as legally described herein. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article i, Section. 2-2-1 to change the time for submitting add -on items to the Agenda and providing for attending Commission meetings remotely. An Ordinance amending the City of South Miami land Development Code, Section 20.6.1(A) ft (q and (D) to provide for virtual meetings, election day meeting conflicts, attendance remotely, authority, of the person chairing the meeting to make motions and vote on all motions and clarifying that board members are nomination and not recommended for membership. Governor DeSantis's Executive Order IF 0.) Number 20-69 suspended that portion of Section 166.041(4), Fla. Stat., that required a quorum to be aq CHRISTI1bi LYNN RAVIX physically present to adopt resolutions and enact ordinances. If E.O. No. :f• .., CommissionAGG217771 20-69 is extended, City staff and all Commission members will participate by video confer them through the Zoom platform ps:/Iz and members of the res NoYember 19, 2022 public may join the meeting via Zoom at (htlpsllzoom.usfj/30.66636338) -'•,,°j'"°:: Borded Thu Troy Fain tr-turanro 890395.7919 and participate. If EO. No. 20-69 is not extended, three members of the City Commissioner will be physically present in the City Commission Chamberst and they will be broadcast on the Zoom platform along with all lbl Souh m lanl i other members of the Commission, City Staff and the public who may attend remotely from other locations. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other Options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hail and at http://wynv.southmiamifl. gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305.663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board. Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayneithsouthmiar l.gov. Nkenga A. Payne. CMC City Clerk 1 The minimum standards for adopting a resoknion or enacting an ordinance are set forth in 166.041(4) "' A majority of the members of the goyeming body shelf constitute a quorum. An affirmative vote of a majority, of a quorum present is necessary to enact any ordinance Or adopt any resolution. "' 11/6 20-5910MO497445M