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Ord No 03-22-2424ORDINANCE NO. 03-22-2424 An Ordinance granting a franchise agreement to Insite Martin Outdoor, LLC dba Insite Street Media for Bus Bench Advertising and Services. WHEREAS, The City's current agreement for Bus Bench Advertising and Services expires April 26, 2022; and WHEREAS, the City issued RFP #FN2022-0 1 on December 9, 2021, for Bus Bench Advertising and Services and the solicitation closed on January 19, 2022, and, the City received three (3) submittals from the following Respondents: 1. Insite Martin Outdoor, LLC dba Insite Street Media (Incumbent) 2. Creative Outdoor Advertising of America 3. Fuel Media Holdings ; and WHEREAS, in accordance with the Evaluation Selection Criteria published in the solicitation, a Selection Committee comprised of Chairperson Samantha Fraga-Lopez, Assistant City Manager; John Reese, Superintendent, Public Works; and Alfredo Riverol, Chief Financial Officer met virtually via Zoom on January 31, 2022, to review, score and rank each proposal; and WHEREAS, the Selection Criteria was comprised of a weighted criteria with a maximum total score of 100 for each Respondent and each Evaluation Selection Committee member ranked each Respondent based on the total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added, totaled and divided by the number of Raters resulting in the Average Rank Score; and WHEREAS, the Respondent with the lowest Average Rank Score is the highest ranked Respondent and therefore the Respondent with the lowest Average Rank Score will be recommended for the award and the results of the Average Rank Score are listed below: Re5pond~nt Ranking Order Respondent A. Riverol J. Reese S. Fraga-Lopez AVG RANK dba INSITE STREET I I I 1.00 MEDIA CREATIVE 2 2 3 2.33 OUTDOOR FUEL MEDIA 3 3 2 2.67 HOLDINGS ; and WHEREAS, the Respondent with the Lowest Average Ranked Score is dba Insite Street Media with a score of 1.00 and is recommended for the award; and Page 1 of3 B£d. No. 03-22-2424 WHEREAS, dba Insite Street Media, the incumbent, has extensive experience with transit and street furniture assets, (shelters, benches, and transit buses (in over 70 different communities and municipalities along the east coast of the United States. Locally, Insite Street Media services Cutler Bay, Doral Miami-Dade County, Miami Springs, North Miami, North Miami Beach as well as municipalities in Broward County; and WHEREAS, over the course of the first six-months of the contract, Insite Street Media will replace the existing commercial benches with a style and color scheme of the City's choosing and, new trash receptables will be installed that can be color matched to the new bus benches; and WHEREAS, Insite Street Media will pay the City a per bus bench fee, based on 35 benches that includes installation, maintenance and the disposal of trash from the installed trash receptacles and the per bus bench fee paid to the City is listed below: CO'NTRACT YI;AR PER BUS MONTHLY FEE ANNUAL BENCH FEE (35) BENCHES AMOUNT YEAR 1 $32.50 $1.137.50 $13.650.00 YEAR 2 $32.50 $1.137.50 $13.650.00 YEAR 3 '$32.50 $1.137.50 $13.650.00 YEAR 4 $33.00 $1.155.00 $13.860.00 YEARS $33.00 $1.155.00 $13.860.00 ; and WHEREAS, the franchise agreement is for five (5) years with one (1) five (5) year renewal, at the discretion of the City Manager, for a total of ten (10) years with the per bus bench fee negotiated for the renewal period; and WHEREAS the City Commission desires to grant a franchise to Insite Martin Outdoor, LLC dba Insite Street Media. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the intent of this Ordinance. Section 2. The City Manager is authorized to enter into a Franchise agreement with Insite Martin Outdoor, LLC dba Insite Street Media, a copy of which is attached. Section 2. The franchise agreement shall be for a term of five (5) years with one (1) five (5) year renewal, at the discretion of the City Manager. Section 3. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into this Ordinance. Page 2 of3 Ord. No. 03-22-2424 Section 4. Severability . I f any se ction clause, sentence, or phra se of thi s Ord in a nce is for any rea so n held in va lid or uncon s titutional by a court of competent juris diction , the h old in g will not affect the validity of the remaining portion s of this Ordinance. Section 5. Effective Date. Thi s Ord in ance wi ll become effective immediatel y up on enactment. PASSED AND ENACTE D thi s E day of March , 2022 . ATTEST: C ITY LERK 1 ST Reading: 2115/22 2nd Reading: 311122 APPROVED: xt;"tj7 ~ /MAY ~ j/ COMM IS S IO N VOTE: 5-0 Mayor Philips: Yea Commissioner Harri s: Yea Commiss ioner G il: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 3 of 3 Agenda Item No:8. City Commission Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Steven Kulick Submitting Department: Public Works & Engineering Item Type: Ordinance Agenda Section: Subject: An Ordinance granting a franchise agreement to Insite Martin Outdoor, LLC dba Insite Street Media for Bus Bench Advertising and Services. 4/5 (City Manager) Suggested Action: Attachments: Memo Bus Bench Advertising.docx Bus_Bench_Adertising_Franchise_Ord. 02-15-2022_.docx FINAL RFP BUS BENCH SERVICES 12.9.21 CArev.pdf CORRECTED Bid Tabulation RFPFN2022-01 1.21.22.pdf Insite Street Media Bidding Document.PDF BUS BENCH OPTIONS.pdf RESIDENTIAL OPTIONS.pdf TRASH RECEPTICLES.pdf Average Ranking_Score Sheets RFP FN2022-01.pdf DEMAND STAR RFP FN2022-01 1.19.22.pdf ALM Media, LLC - I0000567979-1213.pdf Sun Biz Insite Martin Outdoor.pdf BUS_BENCH_SERVICES_12.9.21 Franshise 2-15-22.pdf MDBR Ad.pdf MH Ad.pdf 1 MH Ad.pdf MDBR Ad.pdf 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager DATE:February 15, 2022 SUBJECT:An Ordinance granting a franchise agreement to Insite Martin Outdoor, LLC dba Insite Street Media for Bus Bench Advertising and Services. BACKGROUND:The City’s current agreement for Bus Bench Advertising and Services expires April 26, 2022. Therefore, the City issued RFP #FN2022-01 on December 9, 2021for Bus Bench Advertising and Services. The solicitation closed on January 19, 2022 and the City received three (3) submittals from the following Respondents: 1. Insite Martin Outdoor, LLC dba Insite Street Media (Incumbent) 2. Creative Outdoor Advertising of America 3. Fuel Media Holdings In accordance with the Evaluation Selection Criteria published in the solicitation, a Selection Committee comprised of Chairperson Samantha Fraga-Lopez, Assistant City Manager; John Reese, Superintendent, Public Works; and Alfredo Riverol, Chief Financial Officer met virtually via Zoom on January 31, 2022 to review, score and rank each proposal. The Selection Criteria was comprised of a weighted criteria with a maximum total score of 100 for each Respondent. Each Evaluation Selection Committee member ranked each Respondent based on the total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award.The results of the Average Rank Score are listed below: Respondent Ranking Order Respondent A. Riverol J. Reese S. Fraga-Lopez AVG RANK dba INSITE STREET MEDIA 1 1 1 1.00 CREATIVE OUTDOOR 2 2 3 2.33 FUEL MEDIA HOLDINGS 3 3 2 2.67 3 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Respondent with the Lowest Average Ranked Score is Insite Street Media with a score of 1.00 and is recommended for the award. Insite Street Media, the incumbent, has extensive experience with transit and street furniture assets, (shelters, benches, and transit buses (in over 70 different communities and municipalities along the east coast of the United States. Locally, Insite Street Media services Cutler Bay, Doral Miami-Dade County, Miami Springs, North Miami, North Miami Beach as well as municipalities in Broward County. There are currently fifty-nine (59) Miami-Dade County Transit stops in the City. Thirty-five (35) transit stops currently include benches with advertising which is the basis for the franchise flat fee paid to the City by Insite Street Media. The remaining transit stops include benches without advertising, usually located in residential areas. Excluded from this program are the City of South Miami bus shelters. The flat fee, calculated as a per bench fee, paid to the City includes the installation and maintenance of bus benches and trash receptacles and the disposal of trash, at a minimum, three (3) times per week. The per advertising fee is listed below: CONTRACT YEAR PER BUS BENCH FEE MONTHLY FEE (35) BENCHES ANNUAL AMOUNT YEAR 1 $32.50 $1,137.50 $13,650.00 YEAR 2 $32.50 $1,137.50 $13,650.00 YEAR 3 $32.50 $1,137.50 $13,650.00 YEAR 4 $33.00 $1,155.00 $13,860.00 YEAR 5 $33.00 $1,155.00 $13,860.00 Insite Street Media will work closely with the Public Works Division to ensure the placement and installation of bus benches at each respective site follows current ADA requirements and Florida of Transportation “ADA Standards for Transportation Facilities.” Over the course of the first six-months of the contract, Insite Street Media will replace the existing commercial benches with a style and color scheme of the City’s choosing. In addition, new trash receptables will be installed that can be color matched to the new bus benches. The franchise agreement is for five (5) years with one (1) five (5) renewal, at the discretion of the City Manager, for a total of ten (10) years. The per bus bench fee will be negotiated for the renewal period. FUNDING:N/A Revenue Generating Contract 4 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ATTACHMENTS:Ordinance RFP #FN2022-01 Bid Tabulation Proposal, Insite Street Media Bus Bench Style and Color Options Proposed Trash Receptacles Final Selection Committee Scores and Average Ranking Order Demand Star Results DBR Advertisement Sun Biz Registration 5 THE CITY OF PLEASANT LI V ING CITY OF SOUTH MIAMI BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 SUBMITTAL DUE DATE: January 19, 2022 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 Proposal”, “RFP” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to E-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 t o mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #FN2022-01, BUS BENCH ADVERTISING AND SERVICES. The purpose of this Solicitation is to contract for the services in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and 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.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Let ter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the “Closing Date”) on January 19, 2022 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, January 19, 2022. 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/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING The Procurement Division will conduct a Mandatory Pre-Bid Meeting through video conferencing using the Zoom platform at 10:00 AM on January 6, 2022. Members of the public may attend and view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1 -786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and 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 1 of 65 9 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://network.demandstar.com/ which on April 3, 2020 brings up the following message. 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. 2 of 65 10 SCOPE OF SERVICES and SCHEDULE OF VALUES BUS BENCH ADVERTISING AND SERVICES RFP #FN2022-01 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, ATTACHMENTS A, B & C. 3 of 65 11 SCHEDULE OF EVENTS BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 TENTATIVE SCHEDULE No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 12/9/2021 12:00 PM 2 Mandatory Pre-Bid RFP Meeting through video conferencing using the Zoom platform Members of the public may attend and view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 1/6/2022 10:00 AM 3 Deadline to Submit Questions 1/11/2022 10:00 AM 4 Deadline to City Responses to Questions 1/14/2022 10:00 AM 5 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ 1/19/2022 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 1/19/2022 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 2/15/2022 7:00 PM END OF SECTION 4 of 65 12 INSTRUCTIONS for RESPONDENT BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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. THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”. 1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. 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 with in 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 b ad 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. 5 of 65 13 8. Any questions concerning the Solicitation or any required need for cl arification must be made in writing, by 10:00 AM January 11, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov 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”) 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 u nsolicited, 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 65 14 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 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 sub-contractor/sub- consultant, 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 - contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consider ation 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 fort h 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) Proposal/E-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 discrep ancy 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 65 15 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 f or 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 Solicita tion 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: A Respondent who submits a proposal in respon ds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of 8 of 65 16 South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness , willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/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 solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the paymen t of those amounts awarded by the court and any balance due the City 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/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check 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 sub-contractor/sub-consultant 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/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum i s a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents 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. 9 of 65 17 No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the propo sal 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 RFQ, 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 RFQ, 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 compl etion 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, if any, and a Respondent’s Cost and Technical Proposal if it is 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 in its hiring of employees or sub-contractor/sub-consultants 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”). 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 7. 37. EVALUATION CRITERIA: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHBIT 5. 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. 10 of 65 18 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, fina ncial 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 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 su ch 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 RFQ). 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 S outh Miami City Hall, 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. 11 of 65 19 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. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the perform ance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier there of, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. END OF SECTION 12 of 65 20 CONE OF SILENCE ORDINANCE, SECTION 8A-7 BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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 ("RFP"), request for qualification ("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the “Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the “Bidder’s Representative”) and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) “City’s professional staff” means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the af fected 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 286.0113; 13 of 65 21 (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 14 of 65 22 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 1. Format and Content of RFP Response Firms responding to the Solicitation shall disclose their qualifications to serve as the City’s Bus Bench Advertising and Services provider 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 PROPOSAL For “BUS BENCH ADVERTISING AND SERVICES” RFP #FN2022 - 01. 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 serve as the City Bus Bench Advertising and Services provider, 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 TEN (10) pages. Includes the Cover Letter and Executive Summary. Response to the Solicitation must include the following. 1. Respondent’s qualifications to perform the services detailed in Exhibit 1, “Scope of Services, Attachments A, B & C.” 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 and in Exhibit 1, “Scope of Services,” Respondent’s experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of 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. 15 of 65 23 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 with regard to 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 subconsultants. F. Other Relevant Experience Provide a description of your proposed primary individuals’ relevant experience over the last three years with other cities and counties 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 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 SEVEN (7) pages. END OF SECTION 16 of 65 24 PROPOSAL SUBMITTAL CHECKLIST FORM BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X 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 discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X SUPPLEMENTAL INSTRUCTIONS found prior to the PROPOSAL SUBMITTAL CHECKLIST FORM. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Signed Franchise Contract Documents EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 65 25 RESPONDENT QUALIFICATION STATEMENT BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years b) In the past 10 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Price: Actual Final Contract Price: 18 of 65 26 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. 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, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 65 27 END OF SECTION Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 20 of 65 28 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This 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 65 29 NON-COLLUSION AFFIDAVIT BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Pr oposal 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: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) 22 of 65 30 ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 23 of 65 31 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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 C ategory 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. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Iden tification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I 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. I 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 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I 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 65 32 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. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal pow er 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 con victed of a public entity crime subsequent to July 1, 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 1, 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 ven dor 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 1 (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 _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 25 of 65 33 DRUG FREE WORKPLACE BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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 paragraph (1) above. 4) In the statement specified in paragraph (1) above, 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. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 26 of 65 34 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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 agre e to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of 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 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 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 and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 27 of 65 35 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_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) I represent the Respondent whose name is ______________________________. (2) I 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) I have reviewed the Florida Department of Management Services websit e at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I 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 the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List 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. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 28 of 65 36 RELATED PARTY TRANSACTION VERIFICATION FORM BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I 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-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) 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) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I 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 29 of 65 37 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:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) 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 of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ______________________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) 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/sh e 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) I and the Firm agree that we are obligated to supplement this Verification Form and info rm 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: ________________________ 30 of 65 38 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 va lue 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 31 of 65 39 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 b ut for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that 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 w ay in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b )(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 32 of 65 40 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) 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 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done an d 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 cit y 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. 33 of 65 41 (I) 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, certif icate, 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 seekin g 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 limite d 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, profess ional 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, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 34 of 65 42 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 65 43 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 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 65 44 NOTICE OF AWARD BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 The City has considered the Proposal submitted by your firm for the BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 in response to the City’s advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the BUS BENCH ADVERTISING AND SERVICES RFP #FN202 - 01 and the negotiated price is attached as Exhibit A to this Notice of Award. 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 Kamali 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 65 45 EXHIBIT 1 SCOPE OF SERVICES Attachment A BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 – 01 I. GENERAL REQUIREMENTS The City of South Miami is requesting sealed proposals from qualified firms to provide a bus bench service to the City. There are currently 59 bus stops operated by Miami-Dade County Transit located within the City’s boundaries. There are currently 35 bus bench locations with advertising provided by a contractor. Please refer to Exhibit 1, Attachment B, “Current Bus Bench Locations.” The awarded contractor is required to replace all existing bus benches with the bench design/style in accordance with the contractor’s proposal. It is the City’s intention to award a five (5) year franchise agreement with one (1) five (5) year Option to Renew. The Option to Renew is solely at the discretion of the City Manager. II. RESPONSIBILITIES OF THE PARTIES Contractor Responsibilities: Respondents’ proposal shall provide the following: 1. Respondents shall provide pictures, dimensions, and specifications indicating the bus benches they propose to install in the City, including a residential area model without advertising and a commercial area model with advertising, if applicable. Installation and maintenance of trash receptacles shall be required at every bus bench location. The benches and receptacles shall be made of long-lasting vandal and graffiti resistant materials and shall be aesthetically pleasing. Benches shall be designed to discourage reclining or sleeping on the benches (e.g. include slats or dividers). Benches shall be located at all Miami-Dade County Transit stops within City of South Miami boundaries and shall be located only at Miami-Dade County Transit stops. Benches shall be located in the public rights-of-way as close and convenient as practical to the transit stop. A dimensioned site plan of each planned installation shall be submitted and approved by the City prior to commencement and inspected by the City upon completion. Respondents are advised to review the existing bench locations, Exhibit 1, Scope of Services, Attachment B, and take the typical site restraints into consideration when submitting their proposal. Any adjustments necessary to ensure that bus benches and trash receptacles are provided at all locations will be the Respondents responsibility. Respondents are encouraged to include different options for the benches, and may propose more than one bench style and/or benches made of various materials or recycled materials. 2. Locations of all bus benches shall be in conformance with ADA requirements and only located at ACTIVE Miami-Dade County Transit bus stop locations. All bus bench locations and installations proposed by the Respondent must 38 of 65 46 be approved by the City. Refer to Exhibit 1, Scope of Services, Attachment C, “Existing Transit Stop Locations.” 3. Respondents shall provide the franchise proposed to be paid to the City for placement of bus benches in the City in Exhibit 4, “Respondents Cost and Technical Proposal.” This fee shall be a flat rate paid to the City based on the number of benches allowed to be used for advertising. 4. Respondents shall provide a detailed proposal of your company’s plan for providing inspections, maintenance, repair, and replacement of bus benches and trash receptacles, and maintenance of surrounding areas, including the proposed maintenance frequency schedule, and reporting procedures to keep the City informed of these activities. Respondents shall be responsible for ensuring the trash receptacles are emptied, at a minimum, three (3) times per week. At bus bench locations with infrequent usage the City may allow, by written agreement, for the receptacles to be emptied less frequently. The area surrounding each bench must kept free of litter, weeds, and overgrown grass at all times for a radius of 20 feet from the center of each bench. Respondents shall pick up litter and debris from every bus bench location on a daily basis, and shall mow or trim all areas within a 20 ft. radius of the center each bus bench with sufficient frequency to insure that the area is free of weeds and overgrown grass at all times. Respondents must clean inside any hedges within that radius. The Company shall install, maintain, keep in good repair and free of graffiti, at all times, any and all bus benches and receptacles that are placed in the City of South Miami, at the Company's expense with no expense or cost to the City. Vandalized or otherwise damaged benches and receptacles must be replaced or repaired within 72 hours of receipt of written notice. Monthly reports on the benches, including their conditions and repair time if needed, shall be submitted to the City. 5. Respondents shall specify the proposed time period for implementing and completing the installation of the bus benches upon a Notice to Proceed. 6. Non-advertising benches shall be provided by the Respondent at no charge to the City. Logos or artwork identifying or promoting the City on benches without advertising may be suggested by the Respondent in their proposal. 7. Respondent shall bear all costs for the design, construction, installation and all permit fees for the bus benches. At all times Respondent shall maintain the benches in a safe condition and shall make periodic inspections to ascertain that all benches are safe and in good condition. Trash receptacles shall be placed at each bus bench location. The Company agrees to indemnify and hold the City harmless and defend the City from and against any and all liability, damage and claims, and for any injury or damage to persons or property caused by said benches or by any cause connected with said benches directly or indirectly. The Company hereby covenants to secure personal injury and property damage liability insurance on its benches located within the City of South Miami. The insurance policies, as written, shall by their terms, protect the City as well as the Company from any liability. The City shall be included as an additional insured. Copies of such insurance policies shall be furnished to the City. 39 of 65 47 City Responsibilities: 1. The City reserves the right to request removal and/or relocation of a bench if the continued maintenance of a bench at the location concerned will obstruct traffic or create a hazard to public safety, welfare or convenience, or if the abutting property owner or tenant on the adjacent property can justify an objection in writing directly to the City concerning the continued maintenance of the bus bench at that location. 2. All sign, design or writing must comply with all City municipal ordinances. No sign, design or writing shall be placed on the benches without approval of the City, which approval shall not be unreasonably withheld. 3. No advertisement or sign on any bench placed as a result of this agreement shall display the words, “STOP", "LOOK", “DANGER" or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. No advertising shall be placed on any bus bench that the City considers immoral, obscene or lascivious. In addition, political signs representing City of South Miami municipal candidacy election seat shall not be placed as advertisement on any of the city designated bus benches. 4. No more than one bench shall be placed at any location without prior written approval by the City. 5. No advertising shall be placed on a bench that the City designates as a non- advertising bench. In general, it is the City’s intention to not allow advertising in residential areas. However, the City reserves the right, at its sole discretion, to designate benches in commercial areas as non-advertising. 6. The total number of benches and the number of benches permitted to contain advertising, shall be subject to negotiation and final approval by the City. 7. Please refer to Exhibit 1, Scope of Services, Attachment B, “Current Bus Bench Locations” for a listing of the current bus bench locations in the City. 8. Included with this solicitation as “Exhibit 1, Scope of Services, Attachment C” is Miami-Dade County’s list of transit-stop locations. An updated list shall be obtained thereafter on a yearly basis at minimum by the Respondent and provided to the City. Installation of benches at any new locations shall be subject to review by the City prior to commencement. 9. Benches and receptacles located on sidewalks shall not obstruct the sidewalks and shall be placed in a manner to meet minimum ADA requirements. 10. Subsequent to the termination of this contract and any extensions thereto, Respondent shall have removed all of its benches and related materials no later than 60 days after receiving written notice from the City to do so. Upon the Respondent’s failure to effectuate such removal, the City may consider the materials abandoned and use or dispose of them as it sees fit. 40 of 65 48 11. All benches are required to be inspected by the City’s Public Works Department upon completion. All bus stops are required to have a bus bench or shelter, the design and specifications of which shall be approved by the City, unless the existing space does not allow for one or the City waives the requirement to have a bus bench or shelter at that location. Nothing contained herein shall imply that the Company is required to install and/or maintain a shelter. 12. The City will permit and maintain free access to each site designated for a bus bench. III. PAYMENTS TO THE CITY Respondent shall pay the City on an annual basis for the total number of advertising bus benches provided by the Respondent. In addition to the annual fee, a per bus bench fee shall also be provided by Respondent to calculate the annual fee. The initial payment shall be due upon the initial contract execution and every contract anniversary date thereafter. The per bus bench and annual fee required to be paid by the Respondent to the City shall be provided in Exhibit 4, “Respondents Cost & Technical Proposal.” IV. EXISTING TRANSIT STOP LOCATIONS Please refer to “Exhibit #1, Scope of Services, Attachment C “Existing Transit Stop Locations” for a listing of Miami-Dade County’s transit-stop locations located in the City of South Miami. An updated list shall be obtained thereafter on a yearly basis, at minimum, by the Respondent and provided to the City. Installation of benches at any new locations shall be subject to review by the City prior to commencement. END OF SECTION 41 of 65 49 EXHIBIT 1 SCOPE OF SERVICES Attachment B BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 “CURRENT BUS BENCH LOCATIONS” NOTE: ALL CURRENT BUS BENCH LOCATIONS LISTED ARE “WITH” ADVERTISING 42 of 65 50 REF ID DESCRIPTION STATUS LAT/LONG CITY STATE ZIP SM-01 17021 Bird Rd (40th St) 30 ft W/O 65th Ave SS Active: In service 25.73334865882283,-80.30112011656763 South Miami FL 33155 SM-03 17023 Bird Rd (40th St) 45 ft E/O 64th Ave SS Active: In service 25.73343476267899,-80.2984490380287 South Miami FL 33155 SM-04 17024 Bird Rd (40th St) 35 ft W/O 62nd Ct SS Active: In service 25.73354503483987,-80.29596075711248 South Miami FL 33155 SM-05 17025 Bird Rd (40th St) 30 ft E/O 60th Ct SS Active: In service 25.733686876276707,-80.292022974205 South Miami FL 33155 SM-06 17026 Bird Rd (40th St) 200 ft W/O Red Rd (57th Ave) SS Active: In service 25.733853417007612,-80.28785632638932 South Miami FL 33155 SM-07 17027 Ludlam Rd (67th Ave) 160 ft N/O Sunset (72nd St) ES Active: In service 25.704343647562464,-80.30135708465576 South Miami FL 33143 SM-13 17028 Ludlam Rd (67th Ave) 110 ft N/O 55th St ES Active: In service 25.719893360547843,-80.3022812245369 South Miami FL 33155 SM-14 17029 Ludlam Rd (67th Ave) W/S, 55 ft N/O SW 80th St Active: In service 25.69676737128034,-80.30105172023775 South Miami FL 33143 SM-17 17030 Red Rd (57th Ave) 30 ft N/O 80th St WS Active: In service 25.697210,-80.285210 South Miami FL 33143 SM-18A 17031 SW 57th Ave 15 ft N/O 68th St WS Active: In service 25.708191377653566,-80.28565516071319 South Miami FL 33143 SM-19 17032 Red Rd (57th Ave) 80 ft N/O Kendall Dr WS Active: In service 25.689966492557797,-80.28496495585443 South Miami FL 33143 SM-20 17033 Red Rd (57th Ave) 15 ft N/O 66th St WS Active: In service 25.710055632687915,-80.28570326504706 South Miami FL 33143 43 of 65 51 SM-21 17034 Red Rd (57th Ave) W/S, 50 ft S/O SW 74th Terrace Active: In service 25.701845465196296,-80.28539848346713 South Miami FL 33143 SM-22 17035 Red Rd (57th Ave) W/S, 20 ft N/O SW 77th Terrace Active: In service 25.69950643287658,-80.28529061226845 South Miami FL 33143 SM-23 17036 Sunset (72nd St) 15 ft W/O 64th Ct SS Active: In service 25.703792995235318,-80.29806169080734 South Miami FL 33143 SM-25 17037 Sunset (72nd St) 55 ft E/O 68th Ct SS Active: In service 25.703470245413698,-80.30430804662706 South Miami FL 33143 SM-29 17038 Sunset (72nd St) 180 ft W/O 62nd Ave NS Active: In service 25.704232503751435,-80.29445900859832 South Miami FL 33143 SM-33 17039 Sunset (72nd St) 40 ft E/O 65th Ave NS Active: In service 25.703994936475496,-80.29917343511579 South Miami FL 33143 SM-34 17040 SW 62nd Ave 40 ft N/O 67th St WS Active: In service 25.70847812528713,-80.29372069940564 South Miami FL 33143 SM-35 17041 SW 62nd Ave 60 ft S/O Sunset (72nd St) WS Active: In service 25.70376716320547,-80.29346034970285 South Miami FL 33143 SM-36 17042 SW 62nd Ave 120 ft S/O 73rd St ES Active: In service 25.702431208413785,-80.29322221593856 South Miami FL 33143 SM-38 17043 SW 62nd Ave 150 ft S/O 64 St WS Active: In service 25.710531916926755,-80.29380938773159 South Miami FL 33143 SM-40 17044 SW 62nd Ave 20 ft N/O 70th St ES Active: In service 25.706109838771646,-80.29338909573556 South Miami FL 33143 SM-41 17045 SW 62nd Ave 115 ft S/O 70th St WS Active: In service 25.705425166466572,-80.29354886260035 South Miami FL 33143 SM-44 17046 SW 80th St 90 ft E/O Ludlam Rd (67th Ave) SS Active: In service 25.696336037591962,-80.30068425760271 South Miami FL 33143 44 of 65 52 SM-46 17048 US 1 30 ft N/O 70th St WS Active: In service 25.70622425330824,-80.2875306699753 South Miami FL 33143 SM-47 17049 US 1 45 ft N/O 80th St WS Active: In service 25.696699398039655,-80.29912833862306 South Miami FL 33143 SM-49 17050 Ludlam Rd (67th Ave) 75 ft S/O 76th Terr WS Active: In service 25.69924625338871,-80.30131131167411 South Miami FL 33143 SM-50 17051 Ludlam Rd (67th Ave) 170 ft N/O Sunset (72nd) WS Active: In service 25.70467395804511,-80.30154886260033 South Miami FL 33143 SM-51 17052 Ludlam Rd (67th Ave) 15 ft S/O SW 65th Terr ES Active: In service 25.709293083183674,-80.30172892146112 South Miami FL 33143 SM-52 17053 Ludlam Rd (67th Ave) 75 ft S/O SW 62nd Terr ES Active: In service 25.712264200784446,-80.3019201165676 South Miami FL 33143 SM-53 17054 Ludlam Rd (67th Ave) 75 ft N/O SW 64th St WS Active: In service 25.711542291251988,-80.30204215707778 South Miami FL 33143 SM-54 17055 Miller Dr (56th St) 30 ft E/O SW 67th Ave NS Active: In service 25.718502701343613,-80.30196437301635 South Miami FL 33155 SM-55 17056 Miller Dr (56th St) 20 ft W/O SW 62nd Ave SS Active: In service 25.718514833001908,-80.29430880489349 South Miami FL 33155 SM-18B 21434 SW 57th Ave 15 ft N/O 68th St WS Active: In service 25.708191377653566,-80.28565516071319 South Miami FL 33143 45 of 65 53 EXHIBIT 1 SCOPE OF SERVICES Attachment C BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 “EXISITING TRANSIT STOP LOCATIONS” (59 Transit Stops As Reported by Miami-Dade County on November 2, 2021) Latitude Longitude StopAbbr StopName InService Municipality 25.705286 -80.28894 SOUTMIAT SOUTH MIAMI METRORAIL STATION 1 SOUTH MIAMI 25.732617 -80.2865 C57V#423 SW 57 AV & SW 42 ST 1 SOUTH MIAMI 25.722403 -80.28612 C57V#523 SW 57 AV & SW 52 TE 1 SOUTH MIAMI 25.725216 -80.286224 C57V#503 SW 57 AV & SW 50 ST 1 SOUTH MIAMI 25.710058 -80.285712 C57V#663 SW 57 AV & SW 66 ST 1 SOUTH MIAMI 25.708194 -80.285664 C57V#683 SW 57 AV & SW 68 ST 1 SOUTH MIAMI 25.70178 -80.285332 C57V#744 SW 57 AV & SW 74 TE 1 SOUTH MIAMI 25.699531 -80.285261 C57V#773 SW 57 AV & SW 77 TE 1 SOUTH MIAMI 25.697159 -80.28519 C57V#803 SW 57 AV & SW 80 ST 1 SOUTH MIAMI 25.69447 -80.285079 C57V#833 SW 57 AV & SW 83 ST 1 SOUTH MIAMI 25.689805 -80.284929 C57V#883 SW 57 AV & SW 88 ST 1 SOUTH MIAMI 25.708781 -80.290712 C59P#673 SW 59 PL & SW 67 ST 1 SOUTH MIAMI 25.706492 -80.290609 C59P#694 SW 59 PL & SW 69 ST 1 SOUTH MIAMI 25.706749 -80.290492 C59P#691 SW 59 PL & SW 69 ST 1 SOUTH MIAMI 25.708135 -80.290567 C59P#682 SW 59 PL & SW 68 ST 1 SOUTH MIAMI 25.710554 -80.293798 C62V#644 SW 62 AV & SW 64 ST 1 SOUTH MIAMI 25.708466 -80.293691 C62V#683 SW 62 AV & SW 68 ST 1 SOUTH MIAMI 25.705587 -80.293553 C62V#704 SW 62 AV & SW 70 ST 1 SOUTH MIAMI 25.706192 -80.293395 C62V#702 SW 62 AV & SW 70 ST 1 SOUTH MIAMI 25.708343 -80.2935 C62V#682 SW 62 AV & SW 68 ST 1 SOUTH MIAMI 46 of 65 54 25.711059 -80.29364 C62V#641 SW 62 AV & SW 64 ST 1 SOUTH MIAMI 25.711076 -80.301977 C67V#643 SW 67 AV & SW 64 ST 1 SOUTH MIAMI 25.709362 -80.301873 C67V#654 SW 67 AV & SW 65 TE 1 SOUTH MIAMI 25.704644 -80.301521 C67V#704 SW 67 AV & # 7000 1 SOUTH MIAMI 25.702837 -80.301401 C67V#724 SW 67 AV & SW 72 ST 1 SOUTH MIAMI 25.696593 -80.301176 C67V#803 SW 67 AV & SW 80 ST 1 SOUTH MIAMI 25.696783 -80.301082 C67V#802 SW 67 AV & SW 80 ST 1 SOUTH MIAMI 25.702255 -80.301239 C67V#742 SW 67 AV & SW 74 ST 1 SOUTH MIAMI 25.704377 -80.301381 C67V#722 SW 67 AV & SW 72 ST 1 SOUTH MIAMI 25.709367 -80.301765 C67V#651 SW 67 AV & SW 65 TE 1 SOUTH MIAMI 25.710808 -80.301865 C67V#641 SW 67 AV & SW 64 ST 1 SOUTH MIAMI 25.712296 -80.301935 C67V#621 SW 67 AV & SW 62 TE 1 SOUTH MIAMI 25.714331 -80.302046 C67V#612 SW 67 AV & SW 61 ST 1 SOUTH MIAMI 25.715199 -80.302085 C67V#602 SW 67 AV & SW 60 ST 1 SOUTH MIAMI 25.716864 -80.302194 C67V#571 SW 67 AV & SW 57 TE 1 SOUTH MIAMI 25.719968 -80.302313 C67V#541 SW 67 AV & SW 54 ST 1 SOUTH MIAMI 25.725783 -80.302472 C67V#481 SW 67 AV & SW 48 ST 1 SOUTH MIAMI 25.733441 -80.298436 C40S#646 SW 40 ST & SW 64 AV 1 SOUTH MIAMI 25.733847 -80.287927 C40S#575 SW 40 ST & SW 57 AV 1 SOUTH MIAMI 25.718473 -80.297856 C56S#646 SW 56 ST & SW 64 AV 1 SOUTH MIAMI 25.718552 -80.294301 C56S#625 SW 56 ST & SW 62 AV 1 SOUTH MIAMI 25.718498 -80.301972 C56S67V7 SW 56 ST & SW 67 AV 1 SOUTH MIAMI 25.711455 -80.291928 C64S#608 SW 64 ST & SW 60 AV 1 SOUTH MIAMI 25.71134 -80.29189 C64S#605 SW 64 ST & SW 60 AV 1 SOUTH MIAMI 25.703518 -80.304247 C72S68C6 SW 72 ST & SW 68 CT 1 SOUTH MIAMI 25.703657 -80.301013 C72S67V6 SW 72 ST & SW 67 AV 1 SOUTH MIAMI 25.703819 -80.298038 C72S#645 SW 72 ST & SW 64 CT 1 SOUTH MIAMI 47 of 65 55 25.703958 -80.294339 C72S#626 SW 72 ST & SW 62 PL 1 SOUTH MIAMI 25.704104 -80.291879 C72S#616 SW 72 ST & SW 61 CT 1 SOUTH MIAMI 25.704287 -80.287491 C72S#585 SW 72 ST & SW 58 AV 1 SOUTH MIAMI 25.704435 -80.287192 C72S#587 SW 72 ST & SW 58 AV 1 SOUTH MIAMI 25.704342 -80.291295 C72S#617 SW 72 ST & SW 61 AV 1 SOUTH MIAMI 25.704194 -80.294457 C72S#628 SW 72 ST & SW 62 AV 1 SOUTH MIAMI 25.703971 -80.299173 C72S#657 SW 72 ST & SW 65 AV 1 SOUTH MIAMI 25.703878 -80.301129 C72S67V7 SW 72 ST & SW 67 AV 1 SOUTH MIAMI 25.703685 -80.304769 C72S68C8 SW 72 ST & SW 68 CT 1 SOUTH MIAMI 25.706194 -80.287463 SDIX#703 S DIXIE HWY & SW 70 ST 1 SOUTH MIAMI 25.706171 -80.287014 SDIX#702 S DIXIE HWY & SW 70 ST 1 SOUTH MIAMI 25.704663 -80.285536 C57V72S3 SW 57 AV & SW 72 ST 1 SOUTH MIAMI END OF SECTION 48 of 65 56 EXHIBIT 2 BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 Insurance & Indemnification Requirements 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/sub-consultant, 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 Sub-contractor/sub-consultant 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 Sub-contractor/sub-consultants 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; 49 of 65 57 • 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: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • 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: • Owned Vehicles. • Hired and Non-Owned Vehicles • 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 Sub-contractor/sub-consultant 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 Sub- contractor/sub-consultants 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. 50 of 65 58 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 1 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: “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. 51 of 65 59 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/sub-contractor/sub-consultant 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/sub-consultant 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/sub-contractor/sub-consultant 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/sub-contractor/sub-consultant 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 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 li abilities, 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 52 of 65 60 EXHIBIT 3 BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachments A, B & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 53 of 65 61 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. 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. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or other wise 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, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachments A, B & C shall be completed, in full, within N/A from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. 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. 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 54 of 65 62 9. By submitting this proposal, I, for myself 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 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 that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity , that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature Date of execution______________ 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Email Address Title END OF SECTION 55 of 65 63 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 Respondent’s must compete the Exhibit 4 in its entirety; failure to do so will result in a Respondents proposal deemed “non-responsive.” Respondent shall pay the City on an annual basis for the total number of bus benches provided by the Respondent. In addition to the annual fee, a per bus bench fee shall also be provided by Respondent to calculate the annual fee. The initial payment shall be due upon contract execution and every twelve months thereafter. The current number of bus benches located in the City is thirty-five (35) and should be used to calculate the monthly and annual amounts: A B C CONTRACT YEAR PER ADVERTISING BUS BENCH FEE MONTHLY BUS BENCH FEE (35 X A = B) ANNUAL AMOUNT (B X 12 = C) YEAR 1 (12 Months) $ $ $ YEAR 2 (12 Months) $ $ $ YEAR 3 (12 Months) $ $ $ YEAR 4 (12 Months) $ $ $ YEAR 5 (12 Months) $ $ $ TOTAL 5-YEARS $ NOTE: THE MONTHLY AND ANNUAL FEE DURING THE OPTION TO RENEW TERM, FIVE (5) YEARS, 60 MONTHS; IF EXERCISED, SHALL BE NEGOTIATED BETWEEN THE RESPONDENT AND CITY Signature Date of execution______________ 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Email Address Title END OF SECTION 56 of 65 64 EXHIBIT 5 EVALUATION SELECTION BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 Scoring and Average Ranking Phase I - Competitive Selection-Ranking; maximum 100 points per committee member. Proposals will be evaluated by an Evaluation Selection Committee that 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 Respondent. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The evaluation factors used for determining qualifications for scoring and ranking, including average ranking order, shall include: Technical Criteria Points 1. Proposer’s relevant experience, qualifications, and past performance in providing these services to Municipalities and relevant experience and qualifications of key personnel, including key personnel of sub-contractors, that will be assigned to this project, and experience and qualifications of subcontractors Points 35 2. Attractive style of benches and receptacles proposed including durability, ease of maintenance, and materials proposed. Points 40 3. Proposed maintenance and replacement plans and procedures. Points 20 Price Criteria 4. Franchise Fee paid to the City. Points 5 Average Ranking Order Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. In the example below, Respondent B’s total Rank Score is 6, divided by the number of Raters (4) equals a Lowest Average Rank Score of 1.50 and therefore Respondent B is recommended for the award: 57 of 65 65 Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50 Phase II - 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) who the Evaluation Selection Committee deems to warrant further consideration based such things as 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, as described above, remaining in consideration based upon the written documents, combined with the oral presentation. END OF SECTION Respondent Ranking Order Rater #1 Rater #2 Rater #3 Rater #4 AVG RANK RESPONDENT A 4 2 1 3 2.50 RESPONDENT B 1 1 3 1 1.50 RESPONDENT C 2 3 2 2 2.25 RESPONDENT D 5 4 4 5 4.50 RESPONDENT E 3 5 3 4 3.75 58 of 65 66 EXHIBIT 6 FRANCHISE AGREEMENT BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 THIS FRANCHISE, entered into this ____ day of _____________, 20____, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the “CITY” where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALI@SOUTHMIAMIFL.GOV and ______________________ with an office and principal place of business located at _________________________, and E-mail address of ___________________ and Facsimile transmission number of __________________ (hereinafter called the “COSULTANT”. WITNESSETH: WHEREAS, the CITY needs BUS BENCH ADVERTISING AND SERVICES; and WHEREAS, the CITY desires to retain FRANCHISEE, to provide the required services based on FRANCHISEE's representations which reflect that FRANCHISEE is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY’s goals and requirements; and WHEREAS, FRANCHISEE has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (1) Engagement of Franchisee: Based on the representations of FRANCHISEE as set out in the following documents the CITY hereby grants to FRANCHISEE the rights, and FRANCHISEE accepts the obligations set forth in Scope of Services, as modified by the Franchise Documents, (all of which is hereinafter referred to as the Work”). RESPONDENT’S BID FORM, attached as “Exhibit 3 RESPONDENTS COST & TECHNICAL PROPOSAL attached as “Exhibit 4” (2) Franchise Documents: The Franchise Documents shall include this Franchise and the forgoing (in paragraph 1 above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Franchise Documents: o Scope of Services, attached as Exhibit 1 o CITY’s Insurance & Indemnification Requirements, attached as Exhibit 2 o Solicitation documents for BUS BENCH ADVERTISING AND SERVICES, RFP #FN2021-47. This Franchise Agreement and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements shall take precedence over the response to the CITY’s BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 including the FRANCHISEE’s Bid Form and FRANCHISEE/ Respondent’s Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (1) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: FRANCHISEE shall commence the performance of the Work under this Franchise on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the “Work Commencement Date”). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Franchise on behalf of the CITY is the City Manager (“Manager”), assistant Manager, or the Manager’s designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for FRANCHISEE and his/her contact information is as follows: Name: ___________________ e-mail: _______________; Fax: ______________ Street Address: ________________________. 59 of 65 67 (5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as “Exhibit 1. (6) Compensation: The CITY’s compensation under the terms and provisions of this Franchise (hereinafter referred to as the Franchise Price) shall be as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as “Exhibit 4, unless modified in writing signed by the CITY and FRANCHISEE. (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Franchise Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Franchise shall commence on the Work Commencement Date and shall continue for FIVE (5) Years, with One (1) FIVE (5) Year Option- to-Renew, for a term not to exceed Ten (10) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Franchise is earlier terminated in accordance with the Franchise Documents. (9) Termination: This Franchise may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Franchise Documents. (10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Franchise. Venue for all proceedings involving or arising out of this Franchise shall be in Miami- Dade County, Florida. (11) Duties and Responsibilities: FRANCHISEE shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Franchise or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Franchise. Each and every provision and/or clause required by law to be inserted in this Franchise shall be deemed to be inserted herein and this Franchise shall be read and enforced as though such provisions and/or clauses were included herein. (12) Licenses and Certifications: FRANCHISEE shall secure all necessary business and professional licenses at its sole expense prior to commencing the Work. (13) Insurance, Indemnification & Bonding: FRANCHISEE shall comply with the insurance, indemnification and bonding requirements set forth in the Franchise Documents. In the event that any of the Franchise documents provide for indemnification, nothing contained therein shall imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect. (14) Jury Trial Waiver: The parties waive their right to jury trial. (15) Entire Agreement, Modification, and Non-waiver: The Franchise Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Franchise Documents may not be modified or amended except in writing, signed by both parties hereto and if this Franchise is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Franchise if in the opinion of the City Attorney such approval is required by law. The Franchise Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Franchise Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. (16) Public Records: FRANCHISEE and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the FRANCHISEE, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. FRANCHISEE and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this 60 of 65 68 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 Franchise term and following completion of the Franchise if the FRANCHISEE does not transfer the records to the public agency; and (d) Upon completion of the Franchise, transfer, at no cost, to the public agency all public records in possession of the FRANCHISEE or keep and maintain public records required by the public agency to perform the service. If the FRANCHISEE transfers all public records to the public agency upon completion of the Franchise, the FRANCHISEE must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the FRANCHISEE keeps and maintains public records upon completion of the Franchise, the FRANCHISEE 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 FRANCHISEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE FRANCHISEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS FRANCHISE, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. (17) Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested, and shall 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 shall not be considered to have been delivered. Notices shall 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: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To FRANCHISEE: ________________________ ________________________ ________________________ ________________________ (18) Corporate Authority. The FRANCHISEE and its representative who signs this Agreement hereby certifies under penalty of perjury that the FRANCHISEE 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 Franchise and to assume the responsibilities and obligations created hereunder; and that this Franchise is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the FRANCHISEE hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. (19) Drug Free Workplace. FRANCHISEE shall comply with the Drug Free Workplace policy set forth in the City of South Miami’s Personnel Manual which is made a part of this Franchise by reference. 61 of 65 69 (20) Transfer and Assignment. None of the work or services under this Franchise shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (21) Most Favored Public Entity. FRANCHISEE represents that the compensation negotiated with the CITY is not less than the compensation FRANCHISEE is offering 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 FRANCHISEE’s payments to other clients increase when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, FRANCHISEE shall immediately extend the same compensation to CITY. (22) E-VERIFY. As a condition precedent to entering into this Franchise, and in compliance with Section 448.095, Fla. Stat., FRANCHISEE and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The FRANCHISEE and all subcontractors must comply with and be bound by the following: (a) FRANCHISEE must require each of its subcontractors to provide FRANCHISEE with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. FRANCHISEE must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement; (b) The CITY, FRANCHISEE, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the FRANCHISEE otherwise complied, must promptly notify FRANCHISEE and FRANCHISEE must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above; (f) FRANCHISEE acknowledges that upon termination of this Agreement by the CITY for a violation of this Section by FRANCHISEE, FRANCHISEE may not be awarded a public contract for at least one (1) year. FRANCHISEE further acknowledges that FRANCHISEE is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. FRANCHISEE or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. FRANCHISEE is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and FRANCHISEE's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties, have executed this Franchise, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. FRANCHISEE: _____________________________ Witnessed: By: _____________________________ By: ___________________________________ __________________________ [print name and title of signatory] 62 of 65 70 ATTESTED: CITY OF SOUTH MIAMI By: __________________________ By: ________________________ Nkenga Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof: By: __________________________ City Attorney END OF SECTION 63 of 65 71 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 The following procedures will be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. ii. 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. iii. 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. 64 of 65 72 iv. Challenges. The written protest may not challenge the relative weight of the criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. 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. vi. 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 65 of 65 73 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #FN2022 - 01-0-2022/SK Bid Name BUS BENCH ADVERTISING AND SERVICES Bid Due Date 01/19/2022 10:00:00 Eastern Bid Opening Closed 3 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 . Creative Outdoor Advertising of America Inc. 01/18/2022 16:46:43 Eastern 8875 Hidden River Parkway, Suite 300, Tampa, FL, 33637 $16800.0000 75600.0000 Bidding Document 2 .FUEL Media Holdings 01/19/2022 09:30:32 Eastern 101 Marketside Ave, 404-177, Ponte Vedra, FL, 32081 $57750.0000 0.0000 Bidding Document 3 . InSite Street Media 01/18/2022 23:16:28 Eastern 1835 NW 112th Avenue, Suite #161, Miami, FL, 33172 $68670.0000 0.0000 Bidding Document 74 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 Respondent’s must compete the Exhibit 4 in its entirety; failure to do so will result in a Respondents proposal deemed “non-responsive.” Respondent shall pay the City on an annual basis for the total number of bus benches provided by the Respondent. In addition to the annual fee, a per bus bench fee shall also be provided by Respondent to calculate the annual fee. The initial payment shall be due upon contract execution and every twelve months thereafter. The current number of bus benches located in the City is thirty-five (35) and should be used to calculate the monthly and annual amounts: A B C CONTRACT YEAR PER ADVERTISING BUS BENCH FEE MONTHLY BUS BENCH FEE (35 X A = B) ANNUAL AMOUNT (B X 12 = C) YEAR 1 (12 Months) $ $ $ YEAR 2 (12 Months) $ $ $ YEAR 3 (12 Months) $ $ $ YEAR 4 (12 Months) $ $ $ YEAR 5 (12 Months) $ $ $ TOTAL 5-YEARS $ NOTE: THE MONTHLY AND ANNUAL FEE DURING THE OPTION TO RENEW TERM, FIVE (5) YEARS, 60 MONTHS; IF EXERCISED, SHALL BE NEGOTIATED BETWEEN THE RESPONDENT AND CITY Signature Date of execution______________ 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Email Address Title END OF SECTION 56 of 65 8 8 8 8 8 280 280 280 280 280 3,360.00 3,360.00 3,360.00 3,360.00 3,360.00 16,800.00 January 17 22 John Apostolopoulos Creative Outdoor Advertising of America, Inc Municipal Relations 1-800-661-6088 ext. 307 1-866-426-2237 Municipa@CreativeOutdoor.com 75 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 01 Respondent’s must compete the Exhibit 4 in its entirety; failure to do so will result in a Respondents proposal deemed “non-responsive.” Respondent shall pay the City on an annual basis for the total number of bus benches provided by the Respondent. In addition to the annual fee, a per bus bench fee shall also be provided by Respondent to calculate the annual fee. The initial payment shall be due upon contract execution and every twelve months thereafter. The current number of bus benches located in the City is thirty-five (35) and should be used to calculate the monthly and annual amounts: A B C CONTRACT YEAR PER ADVERTISING BUS BENCH FEE MONTHLY BUS BENCH FEE (35 X A = B) ANNUAL AMOUNT (B X 12 = C) YEAR 1 (12 Months) $ $ $ YEAR 2 (12 Months) $ $ $ YEAR 3 (12 Months) $ $ $ YEAR 4 (12 Months) $ $ $ YEAR 5 (12 Months) $ $ $ TOTAL 5-YEARS $ NOTE: THE MONTHLY AND ANNUAL FEE DURING THE OPTION TO RENEW TERM, FIVE (5) YEARS, 60 MONTHS; IF EXERCISED, SHALL BE NEGOTIATED BETWEEN THE RESPONDENT AND CITY Signature Date of execution______________ 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Email Address Title END OF SECTION 56 of 65 36 36 36 36 36 22 Municipal Relations 1-800-661-6088 ext 307 1-866-426-2237 Municipal@CreativeOutdoor.com Creative Outdoor Advertising of America, Inc John Apostolopoulos January 17 1,260.00 1,260.00 1,260.00 1,260.00 1,260.00 15,120.00 15,120.00 15,120.00 15,120.00 15,120.00 75,600.00 76 77 EXHIBIT 4 RESPONDENTS COST" TECHNICAL PROPOSAL BUS BENCH ADVERTISING AND SERVICES RFP #FNlOll • 0 I Respondent's must compete the Exhibit 4 in its entirety; failure to do so will result in a Respondents proposal deemed "non-responsive." Respondent shall pay the City on an annual basis for the total number of bus benches provided by the Respondent. I n addition to the annual fee, a per bus bench fee shall also be provided by Respondent to calculate the annual fee. The initial payment shall be due upon contract execution and every twelve months thereafter. The current number of bus benches located In the City Is thirty-five (35) and should be used to calculate the monthly and annual amounts: A B C PER MONTHLY BUS CONTRACT YEAR ADVERTISING BENCH FEE ANNUAL AMOUNT BUS BENCH (35XA=B) (BX 12 =C) FEE YEAR I (12 Mondls) $ 32.50 $ 1,137.50 $ 13,650.00 YEAR 2 (12 Mondls) $ 32.50 $ 1,137.50 $ 13,650.00 YEAR 3 (12 Mondls) $ 32.50 $ 1,137.50 $ 13,650.00 YEAR 4 (12 Mondls) $ 33.00 $ 1,155.00 $ 13,860.00 YEAR 5 f l2 Mondlsl $ 33.00 $ 1,155.00 $ 13,860.00 TOTAL 5· YEARS $ 68,670.00 NOTE: THE MONTHLY AND ANNUAL FEE DURING THE OPTION TO RENEW TERM, FIVE (5) YEARS, 60 MONTHS; IF EXERCISED, SHALL BE NEGOTIATED BETWEE HE RES PO ENT AND CITY Signatu r e -?---PJ~~~-------Date of execution January 18, 20 22 . PROPOSAL SUBMITTED BY: Company InSite Street Media Name of Person AvtllQ r,i~ed.to Submit Proposal Keltn I nom pson C.E.O. Title (310) 559-1600 Telephone Number (310 ) 559-1666 Fax Number KThom pson @insitesm.com Email Address END OF SECTION 56 of 65 78 EXHIBIT 4 RESPONDENTS COST 8. TECHNICAL PROPOSAL BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 - 0 I Respondent's must compete the Exhibit 4 in its entirety; failure to do so will result in a Respondents proposal deemed "non-responsive." Respondent shall pay the City on an annual basis for the total number of bus benches provided by the Respondent. In addition to the annual fee, a per bus bench fee shall also be provided by Respondent to calculate the annual fee. The initial payment shall be due upon contract execution and every twelve months thereafter. The current number of bus benches located In the City Is thirty-five (35) and should be used to calculate the monthly and annual amounts: A B C PER MONTHLyaus ADVERTISING ANNUAL AMOUNT CONTRACT YEAR aUSBENCH aENCHFEE (aX 12"C) FEE (35 XA= a) YEAR I (12 Months) $ 27.50 $ 962.50 $ 11,550 YEAR 2 _{Il Month~ L$ 27.50 $ 962.50 $ 11,550 YEAR 3 (Il Months) $ 27.50 $ 962.50 $ 11,550 YEAR 4 (Il Months) $ 27.50 $ 962.50 $ 11,550 YEAR 5 (Il Months) $ 27.50 $ 962.50 $ 11,550 TOTAL 5·YEARS $ 57,750 NOTE: THE MONTHLY AND ANNUAL FEE DURING THE OPTION TO RENEW TERM, FIVE (5) YEARS, 60 MONTHS: IF EXERCISED, SHALL BE NEGOTIATED BETWEEN THE RESPONDENT AND CITY ,-;? Signature 42;;;;~~ <~~ate of execution January 18 20~. " PROPOSAL SUBMITTED BY: FUEL Media Holdings. LLC 855-552-3624 Company Patrick Meney Telephone Number 855-552-3624 Name of Person Authorized to Submit Proposal Fax Number . . patrtck@fueloutdoormedIa.com Email Address President Title END OF SECTION 56 of 65 FUEL Media Holdings 855-552-3624 29 Revenue Proposal FUEL Media Holdings is pleased to present the following Financial Proposal to The City of South Miami for the installation and maintenance of advertising benches. Using this formula, the City will benefit from the opportunity to share financially in the growth of advertising revenues. $27.50 20% Years BENCHES 1 - 5 Percentage of gross advertising revenue per bench per year Minimum Annual Gurantee per bench per month VS. Whichever is greater 79 1 1835 NW 112th Avenue, Suite #161 Miami, Florida, 33172 (305) 969-6100 Primary Contact: Ricardo Kattan Solicitation Response to: RFP #FN2022-01 City of South Miami Bus Bench Advertising and Services 80 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services Cover Page --------------------------------------------------------------------------------------------------------------- 1 Table of Contents ------------------------------------------------------------------------------------------------------- 2 Letter of Transmittal --------------------------------------------------------------------------------------------------- 3 Executive Summary: Project Approach ---------------------------------------------------------------------------- 4 Location Evaluation ----------------------------------------------------------------------------------------- 4 Overview of Bench Installation --------------------------------------------------------------------------- 4 Storage Facilities --------------------------------------------------------------------------------------------- 4 License, Permits, and Inspections ----------------------------------------------------------------------- 4 Safety ----------------------------------------------------------------------------------------------------------- 4 Public Convenience & Safety ----------------------------------------------------------------------------- 5 Installation Arrival & Safety Measures ----------------------------------------------------------------- 5 Street Furniture Installation Work ---------------------------------------------------------------------- 5 Maintenance & General Cleaning Overview --------------------------------------------------------- 6 Frequency ---------------------------------------------------------------------------------------------------- 6 Executive Summary: Proposed Trash Receptacles -------------------------------------------------------------- 7 Executive Summary: Installation Schedule ----------------------------------------------------------------------- 7 Commercial Bench Option 1: “Standard Half-Arm Bench” --------------------------------------------------- 9 Commercial Bench Option 2: “Standard Full-Arm Bench” ---------------------------------------------------- 9 Commercial Bench Option 3: “Square Classic Bench” --------------------------------------------------------- 10 Commercial Bench Option 4: “Coastal Bench” ------------------------------------------------------------------ 10 Commercial Bench Option 5: “Deco Bench” --------------------------------------------------------------------- 11 Commercial Bench Option 6: “Boardwalk Bench” -------------------------------------------------------------- 11 Residential “Non-Advertising” Bench Options ------------------------------------------------------------------ 12 Firm Overview: General Information ------------------------------------------------------------------------------ 13 Firm Overview: Geographical Presence -------------------------------------------------------------------------- 14 Other Relevant Experience: Municipal Partners ---------------------------------------------------------------- 15 Other Relevant Experience: InSite’s Corporate Philosophy -------------------------------------------------- 17 Key Personnel & Staffing --------------------------------------------------------------------------------------------- 17 Corporate Organizational Chart ------------------------------------------------------------------------- 17 Corporate Management Team -------------------------------------------------------------------------- 17 Summary & Conclusion ----------------------------------------------------------------------------------------------- 19 Appendix 1: Advertising Sales Plan -------------------------------------------------------------------------------- 20 Local Sales Plan ---------------------------------------------------------------------------------------------- 20 National Sales Plan ----------------------------------------------------------------------------------------- 21 InSite’s Advertising Policy -------------------------------------------------------------------------------- 22 Appendix 2: References ---------------------------------------------------------------------------------------------- 23 81 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services January 19th, 2022 Nkenga A. Payne, CMC City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Payne, InSite Street Media is pleased to present to you our response to RFP #FN2022-01, in regard to Bus Bench Advertising and Services. As you will see in our reply, InSite Street Media has transit and street furniture assets (shelters, benches, and transit buses) in over 70 different communities along the east coast of the USA. We believe we are well positioned for this opportunity due to our substantial number of city contracts in Miami- Dade and Broward Counties. As the City of South Miami’s current bus bench partner, we are confident that InSite Street Media will have synergies unlike any of our competitors who may be looking at this opportunity. My name is Keith Thompson and I am the President & Chief Executive Officer of InSite Street Media. Ricardo Kattan is the Project Manager for this contract, and both of our contact information appears below: I lead our management team, and have teammates that have been with me since 1989 in several different out-of- home advertising companies. From our Board members, to our VP, Sales & Marketing, to some members of our accounting team and all our General Managers, we have bought, developed, enhanced, expanded, and maximized every company that we've been a part of. Our local, long-term, sales efforts are second to none, and when combined with our national/regional selling team, we typically ramp up occupancies, then ad rates, at a very rapid pace. We believe we can continue to deliver the best results for South Miami and are eager to tell our story. Our proposal constitutes a valid, binding, and continuing offer set in the proposal for a period of 90 days from the deadline for acceptance of proposals as set forth herein. Respectfully, Keith D. Thompson President & Chief Executive Officer Keith Thompson President & Chief Executive Officer 1990 Westwood Blvd. Los Angeles, CA 90025 Phone: 310.559.1600 Email: KThompson@insitesm.com Ricardo Kattan General Manager - Miami/Broward 1835 NW 112th Avenue, Suite 161 Miami, FL 33172 Phone: 305.969.6100 Email: RKattan@insitesm.com 82 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services Throughout this section of the RFP Response, InSite Street Media will breakdown how we will furnish, install and maintain transit benches at all 59 of the proposed transit stop locations throughout South Miami. LOCATION EVALUATION InSite Street Media will pre-evaluate all current and proposed City of South Miami transit bench locations to ensure that each respective site follows current ADA Requirements, and meets the Florida Department of Transportation “ADA Standards for Transportation Facilities.” Specifications and regulations pertaining to placement in the service area, including distance from curb and intersections, as well as design and structure requirements, will adhere to all Federal, State, and local laws, ordinances, and regulations. OVERVIEW OF BENCH INSTALLATION InSite Street Media (which is the parent company of InSite Martin Outdoor LLC) has an established track record in South Miami as your current advertising bench provider, along with the other jurisdictions that we operate in, of complying with any State, Federal and City requirements and regulations and bearing the cost of all fees and permits necessary. InSite will install each transit bench to comply with the requirements of the Americans with Disabilities Act (ADA) and all other applicable government rules and regulations. InSite agrees to keep complete, accurate and up-to-date records of all advertising business conducted by it under the contract, to maintain such records and to include such records as may be necessary with regular payments to the City of South Miami. STORAGE FACILITIES Well-established with its current transit bench advertising program in South Miami, InSite Street Media has in place now and will maintain for the duration of a contract with the City of South Miami adequate secured storage area for the service and support vehicles, tools, equipment, removed transit benches, and any auxiliary parts at our 1835 NW 112th Avenue address in Sweetwater, Florida address. At its sole cost, InSite Street Media will continue to have its own storage facilities for the necessary number of benches, as well as related equipment and tools, to ensure prompt repair or replacement of any damaged units. LICENSE, PERMITS, AND INSPECTIONS If awarded the contract, InSite Street Media will maintain at all times during a contract with South Miami an active and valid local business license and any required permits and licenses from all applicable jurisdictions, including any associated costs and fees. InSite Street Media will ensure that the placement of newly installed bus benches will comply with the requirements of the Americans with Disabilities Act (ADA) and all other applicable regulations. SAFETY InSite Street Media will at all times comply with Federal, State and City ordinances and regulations which in any manner affect its employees in the work, the materials used in the work, or in any way affect the conduct or performance of the work of installing, maintaining and repairing the transit benches. Insite Street Media will comply with all laws during the Contract term, including but not limited to: 83 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services • Americans with Disabilities Act of 1990 and its Accessibility Guidelines • Florida Statutes Section 337.408 • Part I of Ch. 14-20 of the Florida Administrative Code • The Florida Building Code and all Applicable Building Codes • Manual on Uniform Traffic Control Devices (where required) InSite Street Media and its employees/agents will observe all applicable Florida Occupational Safety and Health Administration requirements, as well as all Federal, State and City safety requirements under the transit bench program. InSite’s crew members will also wear approved reflective vests when working in the right-of-way areas so that they are visible to motorists. PUBLIC CONVENIENCE & SAFETY Striving to minimize public inconvenience, InSite Street Media will provide a work plan or operation plan subject for review and approval by the City’s Project Administrator. InSite Street Media will consider the access right of the public in the streets during its installation, maintenance and repair work on street furniture. All safety precautions will be undertaken to protect the public and the workers. INSTALLATION ARRIVAL & SAFETY MEASURES When approximately 200 feet away from the site, the driver will turn on his or her hazard lights and overhead yellow caution lights. Upon reaching the site, the driver will look into the mirrors to assure the traffic is clear before exiting the pick-up truck. Once out of the truck, red cones will be placed in front of and alongside of the truck, as well as behind the trailer. This safety precaution is done prior to starting any work on removal and installation of transit benches. (It should be noted that the overhead yellow caution lights remain turned on while the crew performs all work at the site.) The crewmembers do not commence the proposed work until all conditions are safe for the workers as well as the public and transit users. If there are any pedestrians present at the site, our crewmembers will always explain who they are and what they are there to do. If any pedestrian is not willing to move off to the side and safely removed from the work crew’s anticipated activity, then our truck will move on to the next site and return at a later time. Once the site is clear, our crew will proceed to do their jobs. Before the work is started, red cones will always be placed at each end of the construction site. All of our installation vehicles are equipped with a sign on the rear of the vehicle reading: “CAUTION.” InSite Street Media’s work crews, in all matters pertaining to installation and maintenance of street furniture amenities, will adhere to the City of South Miami’s hours and days of service. If the work site has any pre-existing damage to structures, parkways, sidewalks, curbs, roadways, swales, or adjacent improvements, InSite Street Media shall notify the Public Works Department in writing. If property (public or private) is damaged while InSite Street Media is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of InSite Street Media in a manner acceptable to the City of South Miami prior to the final acceptance of the work. We acknowledge that our company is responsible for applying and securing any permits that may be required to complete such repairs. InSite Street Media will ensure that all maintenance work, if on the road, shall be accomplished with the vehicles facing in the same direction as the traffic. STREET FURNITURE INSTALLATION WORK Upon arrival, the safety measures outlined in the previous section will be followed and the crew will safely arrive and clear the site. Once the site is clear, our crew will proceed to do their jobs. Before the work is started, red cones are be placed at each end of the construction site. The crew will then set their transit bench template at the marks to re-check the Field Survey measurements as a quality control measure. We will observe the setback and placement requirements listed in all Federal, State and City ordinances. 84 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services Upon completion of the street furniture installation, a shop-vac is used to collect all the concrete dust created by the drilling. The crew will take great care to ensure that dust and debris is not diverted to any storm drains. The bench is wiped down thoroughly, and a maintenance sticker is applied. The site is then uploaded into our inventory management system for proper record keeping. Finally, the unit is inspected by the lead crewmember. At that point, the crew returns to the work vehicle, shuts off safety and strobe lights, and proceeds to the next site for installation of benches following the above-described procedure. After each site installation, the Field Supervisor revisits the site on a follow-up final inspection of the bench to ensure the installation is proper, secure, and in complete regulatory compliance. MAINTENANCE & GENERAL CLEANING OVERVIEW Per the RFP’s Scope of Services, InSite Street Media will maintain, repair, clean and service the transit benches to the City’s satisfaction. All labor costs and maintenance work, excluding major repairs, shall be performed at the sole cost and expense of InSite Street Media. We will maintain the transit benches and immediate surrounding areas, in a neat, attractive, safe and sanitary condition at all times during the term of the Agreement, or any extension thereof. We are solely responsible for providing the personnel, equipment and materials needed to ensure that all transit benches are properly installed and maintained. Each transit bench shall be cleaned daily to ensure that the unit complies with South Miami’s standards. InSite Street Media will be responsible, at our own expense, to maintain the actual Street Furniture site and surrounding area for a minimum distance of twenty (20) feet from the bench to ensure that the site is free of graffiti, trash, high grass, weeds, and other rubbish. InSite will also clean any trash on the sidewalks surrounding the bus bench; and each site will be power-washed at least once annually. Damaged street furniture, due to damage caused by acts of god, accidents, vandalism, etc. shall be removed by InSite within two (2) business days. Such repairs shall be completed within a reasonable timeframe of the incident being reported to and by the City of South Miami unless the required parts are on backorder. InSite Street Media will always properly dispose of any waste resulting from the work being performed in an approved facility at an approved site. As your current provider, InSite Street Media is familiar with the existing conditions of all the transit benches that are included in this bid. Thus as your current vendor, we are more qualified than any other vendors, to determine the type of equipment necessary to successfully provide the specified services. We will select the equipment necessary to do the job meeting the required specifications. At any point that a transit bench is reported to have any damage, our crew will immediately rope off the bench with yellow caution taps to indicate that the bench is out of service. In time when a transit bench is out of commission, our crew will rope off the bench with yellow caution tape, indicating that the bench is out of service. That bench will then either be repaired or replaced within twenty-four (24) hours. In the event the City of South Miami determines that a Street Furniture unit constitutes a hazard to persons or property or disrupts the public right of way, InSite Street Media’s crew will remove the or bench no later than twenty-four (24) hours of receipt of such notice. FREQUENCY InSite Street Media will visit each site daily (5 days per week) for standard maintenance to keep the benches in “like new” condition. Our operations center is able to dispatch “hot spot” crews to deal with locations demanding more service. “Hot spots” are transit stops that need more attention than usual to maintenance in order to be sustained at acceptable levels of cleanliness, and as a result, these locations will receive extra attention by site visits more frequent than once per day. 85 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services As part of South Miami’s RFP response, Insite Street Media is submitting the following trash receptacle design, along with illustrations and specifications. CLASSIC 32-GALLON TRASH RECEPTACLE Diameter: 23¼ inches Height: 29¾ inches Weight: 60 pounds Capacity: 32 gallons Material: Die-formed, welded steel Coating: UltraCoat premium thermoplastic Parts: Colored base, Rain-Bonnet style lid Color(s): Blue, black, burgundy, navy, green, red, brown, and beige This durable trash receptacle is easy to maintain and will be a nice addition to South Miami’s scenic streetscape. The trash receptacle comes in 8 colors, and can be ordered to match InSite Street Media’s new bus benches. These trash receptacles can either be bolted down into the concrete, or post-mounted into the soil, for whatever application is at any given location. These classic trash receptacles are available in either a diamond or perforated pattern, in the heavy-duty, welded steel frame. A thermoplastic coating adheres to the metal surfaces and ensures a smooth, shiny finish that also protects the frame from rust. The PVC-free coating is environmentally friendly and UV resistant. TRASH RECEPTACLE MAINTENANCE Insite Street Media will install a new 32-Gallon Thermoplastic Metal Trash Receptacle at each bus bench location. These trash receptacles will be maintained by Insite Street Media throughout the duration of the South Miami contract, and will be emptied a minimum of three (3) times per week. Insite will also clean the streetscape within a 20-foot radius of trash receptacle five (5) days per week. If any particular trash receptacle requires more maintenance, Insite will dispatch our “hot spot” crews to deal with locations needing more service. COMMERCIAL AND RESIDENTIAL TRANSIT BENCHES ➢ Days 1 of the Contract: InSite Street Media will launch an after-hours phone-line for members of the South Miami staff to report any damaged transit benches, during non-business hours. ➢ Days 1 of the Contract: InSite Street Media’s maintenance crew will continue cleaning the current transit benches in designated areas, and disposing of any waste on or near the benches, five (5) times per week. ➢ Days 121-180 of the Contract: InSite’s crews will install new commercial and residential transit benches selected by South Miami at sites that meet the required FDOT & ADA minimum standards for bench installations. The installed new commercial and residential ad transit benches will be thermoplastic-coated. The thermoplastic material has been used in Dade County, Broward County, and Los Angeles for nearly 20 years; and has proven to be the best way to dissipate heat and allow for easy-cleaning of graffiti. TRASH RECEPTACLES ➢ Days 1 of the Contract: InSite Street Media will launch an after-hours phone-line for members of the South Miami staff to report any damaged transit benches, during non-business hours. 86 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services ➢ Days 1-60 of the Contract: InSite Street Media will order new, 32-gallon trash receptacles in any color selected by the City of South Miami, to be installed at all transit bench locations. ➢ Days 120-180 of the Contract: InSite will install the new trash receptacles, either by bolting them down into the concrete, or by post-mounted them into the soil, for whatever application is at any given location. TRANSIT BENCHES DESIGN AND CONSTRUCTION STANDARDS InSite Street Media’s transit benches will comply with the following additional requirements: • The bench will not be more than 44 inches in height, 27¼ inches in depth, and 84½ inches in length in accordance with Florida Administrative Code (FAC). • The bench will be constructed to discourage opportunities for sleeping or reclining. • The bench will not have any illumination device, either incorporated into the bench or directed upon the bench, excluding publicly owned streetlights or other existing lights. • Advertising spaces will be limited to the front surface of the backrest of transit benches. The area of each advertising space may not exceed 12 square feet. Advertising signage will be constructed of durable, weather-resistance materials, using coatings that withstand the environmental elements. • All benches shown will be constructed of durable, weather resistant, low maintenance materials. Our Benches are available in these colors: Ultra Blue Burgundy Green Beige Blue Red Brown Black Yellow Purple Dark Grey White This implementation is subject to bench availability and the ADA minimum standards for bench installations of each site. It is important to note that, for the advertising bench portion of the South Miami program, InSite will assume responsibility for capital expenses associated with procurement of new advertising benches and also intends to fund the capital cost of benches that may not be permitted to contain advertising, provided both parties recognize the economic considerations related to non-advertising benches and enter into good-faith negotiations as referenced in item 6 of the City Responsibilities section on page 40 of the RFP. The City will not bear responsibility for the cost of bench furniture. In the event any potential or current site(s) requires additional site work prior to installing the new bench furniture (e.g. laying a concrete pad) in order to be compliant with regulations, InSite will inform the City and provide an estimated cost for site work. COMMERCIAL BENCH ROLL-OUT: Over the course of the first six months of the contract, weather permitting, InSite Street Media will install new advertising “commercial” benches, which are a style and color scheme of South Miami’s choosing. InSite’s commercial ad benches (as well as the ad panel frame and ad panel cap) are composed of a closed cell thermoplastic smooth surface. Being a smooth closed cell texture keeps graffiti and paints from penetrating the material, so it is very easy to keep the benches in nearly mint condition after several years of being situated in outdoor settings in various challenging climates. Nearly all foreign substances are easily removed with wipe-down using City-approved solvents. The thermoplastic coating, which averages between 35- 40 mills in thickness, also allows for heat to dissipate. This keeps the seat cooler than it would be with just a standard powder coating used by most bench companies. The thermoplastic coating comes in a variety of colors so that it can match the existing City of South Miami’s Streetscape. As your current vendor, we would coordinate the removal of the old benches and the installation of the new benches to ensure that there is no disruption in service to the community. 87 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services BENCH OPTION 1: Diagram And Measurements of Insite Street Media’s BENCH OPTION 2: Diagram And Measurements of Insite Street Media’s 88 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services BENCH OPTION 3: Diagram And Measurements of Insite Street Media’s BENCH OPTION 4: Diagram And Measurements of Insite Street Media’s 89 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services BENCH OPTION 5: Diagram And Measurements of Insite Street Media’s BENCH OPTION 6: Diagram And Measurements of Insite Street Media’s 90 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services RESIDENTIAL BENCH ROLL-OUT: Over the course of the first six months of the contract, InSite Street Media will evaluate other potential sites and, if ADA compliant, will begin to install residential (non-advertising) metal benches in the residential areas of the City. The images below reflect six (6) residential bench options for South Miami to choose from. All of these non-advertising, residential benches meet or exceed hurricane wind resistance building code requirements, and will be constructed to meet the Florida Administrative Code (FAC) and all ADA Guidelines. The color options of the residential benches are the same as the commercial ad benches: Residential Bench 1: The Charleston Residential Bench 2: The Durham Residential Bench 3: The Hamilton Residential Bench 4: The Jackson Residential Bench 5: The Savannah Residential Bench 6: The Wilmington 91 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services InSite Street Media is a leading outdoor advertising company known for innovation and excellence in the development of out-of-home media properties. Our expertise stems from decades of ownership and management of a multitude of outdoor advertising products, including bus shelter and bus bench street furniture programs, bus/transit advertising, informational kiosks, billboards, large format wallscapes, and other non‐traditional out of home formats. Our general information appears below: InSite Street Media was formed in 2018 by a merger of Signal Outdoor Advertising of Atlanta, GA; InSite Martin Street Ads, CA; Martin Outdoor Media of South Florida; InSite Martin Outdoor of South Florida; and Martin Gold Coast of South Florida. Signal Outdoor Advertising was established in 1998 after acquiring Culver-Amherst and Martin roots go back to 2007. The company is headquartered in Roswell, Georgia with additional offices in: • Miami, Florida • Davie, Florida • Tampa, Florida • Deer Park, New York • Purchase, New York • Los Angeles, California • S. Hackensack, New Jersey • Capitol Heights, Maryland • Chantilly, Virginia InSite Street Media’s mission is to provide world class quality service to the out of home advertising industry through first class bus benches, bus shelters, and bus ads; and to continue the upgrading and professionalization of the bus bench street furniture advertising medium. Name of Business: Apex Outdoor Advertising, LLC DBA InSite Street Media Local Phone Numbers: (305) 969-6100 ; (786) 683-6309 Local Fax Number: (305) 969-0540 Business Type: National Business with a Local Office in Miami Office Where Work Will Be Conducted From: 1835 NW 112th Avenue, Suite 161 Miami, FL 33172 Mailing Address: 1835 NW 112Ath Avenue, Suite 161 Miami, FL 33172 Project Manager (Primary Point-of-Contact): Ricardo Kattan General Manager of Miami/Broward Office Normal Business Hours: 8:00 AM – 5:00 PM Eastern Standard Time Business Legal Status: Limited Liability Company Number of Professional Staff at Miami Office: 8 Employees Parent or Subsidiary Status: InSite Street Media is a DBA of Apex Outdoor Advertising, LLC. Both entities have the same management team. Business License: We are licensed to do business in Miami-Dade County, under the D.B.A. Signal Outdoor Advertising, LLC. 92 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services The merger brought together a management team made up of several highly successful out of home veterans with well over 160 years of combined industry experience. InSite Street Media now has more than 15,000 faces and contracts. InSite Street Media has a total of over 100 employees in 12 sales offices throughout the United States. The core company originally operated under the name of Culver-Amherst, LLC, but was later purchased by The Wicks Group of Companies, LLC, who changed the name in 2006 to Signal Outdoor Advertising, LLC. The company was strengthened in 2013 with new, well-funded owners, Atlanta, GA based MSouth Equity Partners. In 2018, Signal Outdoor Advertising merged with Martin Outdoor Media, LLC to take on management of over 6,000 bus benches in L.A. and an additional 2,700 advertising units in South Florida. The name of the merged entity was changed to Apex Outdoor Advertising, LLC with the DBA InSite Street Media, the name under which it currently operates. On the revenue generation side, InSite Street Media has cultivated a large and diverse portfolio of local, regional and national clients, including AT&T, Verizon, Universal, Warner Brothers, 7-Eleven, Google, Bank of America, Nissan, Disney, State Farm, GEICO, Starbucks, Subway, McDonalds, Coca-Cola, Best Buy and many others. However, the company’s largest and fastest growing business segment is comprised of local advertisers interested in reaching local customers. InSite Street Media maintains a client portfolio of over 5,000 local businesses that include restaurants, real estate agencies, automobile dealers, lawyers, banks, hospitals, fast food franchises and retailers. In addition, InSite Street Media provides public service advertising space to non-profit organizations serving communities in which we operate. As a premier operator of out-of-home advertising programs, InSite Street Media has the experience and resources to ensure the continuation of a successful and profitable bus bench program for the City of South Miami. Toward that goal, InSite Street Media and its executives have successfully operated municipal contracts in many states across America. We currently have full-service bus shelter, bus bench, and bus transit operations in over 70 different municipalities; a listing of those is shown below. Note that InSite Street Media already operates in South Miami, and many of its neighboring cities, which will benefit the City’s program through the synergies achieved in both sales and operations. There have been, and will continue to be, many cross-selling opportunities and operational efficiencies, in addition to having more potential respondents available to help with weather related issues and in emergency situations. Historically prior to COVID, InSite Street Media generated approximately $20,000,000 annually in advertising revenues. More than 95% from transit related businesses; $10,000,000 from shelters; $2,000,000 from transit advertising; and over $8,000,000 in advertising benches. The balance of our revenue comes from traditional outdoor advertising. InSite Street Media has a significant presence in some of the most valuable advertising markets in the United States, with over 15,000 advertising faces. We operate transit benches, transit shelters, and bus advertising in the following markets: • Miami: transit shelters, transit benches • Tampa: transit shelters, transit benches 93 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services • New York MSA o Long Island (Nassau and Suffolk Counties): transit shelters, transit benches, bus advertising o Westchester County, NY: transit shelters o Northern New Jersey: transit shelters o Connecticut (Norwalk & Waterbury): transit shelters • Los Angeles City & County: transit benches • Atlanta: transit shelters, bus advertising • Washington DC MSA o Southern Maryland: transit shelters o Northern Virginia: transit shelters, bus advertising The following is a listing from the more than 70 municipalities under management by our team. Due to space limitations, we are not including contact information, but can supply that information upon request. Municipality State Product(s) Contract Origination Date Altamonte Springs FL Ad Shelters 2006 Cutler Bay FL Ad Shelters 2006 Davie FL Ad Benches 2009 Doral FL Ad Benches 2009 Hallandale FL Ad Benches 2010 Hialeah FL Ad Benches 2005 Hillsborough Transit Authority (HART) FL Ad Shelters 2008 Hollywood FL Ad Shelters & Ad Benches 2008 Lauderdale Lakes FL Ad Benches 2004 Miami-Dade County FL Ad Benches 2005 Miami Springs FL Ad Shelters & Ad Benches 2000 North Miami FL Ad Shelters 2006 North Miami Beach FL Ad Benches 1999 Oakland Park FL Ad Benches 2003 Pembroke Pines FL Ad Shelters & Ad Benches 2008 Pinellas Suncoast Transit Authority FL Ad Shelters 2013 South Miami FL Ad Benches 2001 Tamarac FL Ad Benches 2004 Wilton Manors FL Ad Benches 2004 Babylon NY Ad Shelters & Ad Benches 2002 Brookhaven NY Ad Shelters & Ad Benches 2001 Islip NY Ad Shelters & Ad Benches 2001 Nassau NY Ad Shelters & Ad Benches 1997 Suffolk County NY Bus Ads 2017 Westchester County NY Ad Shelters 2016 Bayonne NJ Ad Shelters 1999 Belleville NJ Ad Shelters 2000 Bloomfield NJ Ad Shelters 1996 Cliffside Park NJ Ad Shelters 1999 94 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services Municipality State Product(s) Contract Origination Date Clifton NJ Ad Shelters 2010 Dumont Borough NJ Ad Shelters 2002 Dunellen NJ Ad Shelters 2002 Edgewater NJ Ad Shelters 2004 Edison NJ Ad Shelters 2002 Elmwood Park NJ Ad shelters 1996 Englewood Cliffs NJ Ad Shelters 2002 Fairfield NJ Ad Shelters 1998 Fair Lawn NJ Ad shelters 1995 Guttenberg NJ Ad Shelters 2001 Hackensack NJ Ad Shelters 2000 Linden NJ Ad Shelters 2007 Lodi NJ Ad Shelters 2000 Lyndhurst NJ Ad Shelters 1998 Morris Plains NJ Ad Shelters 2001 Mount Arlington NJ Ad Shelters 2002 Old Bridge NJ Ad Shelters 2000 Palisades Park NJ Ad Shelters 2002 Passaic NJ Ad Shelters 2008 Ridgefield NJ Ad Shelters 2005 Rochelle Park NJ Ad Shelters 2001 Secaucus NJ Ad Shelters 1998 Totowa NJ Ad Shelters 2008 Union NJ Ad Shelters 2010 West Orange NJ Ad Shelters 1996 Norwalk Transit District CT Ad Shelters 2011 Waterbury CT Ad Shelters 1981 Cobb County GA Ad Shelters 1999 Cobb County Transit GA Bus Ads 2012 Gwinnett County GA Ad Shelters 2004 Marietta GA Ad Shelters 1999 Smyrna GA Ad Shelters 1999 Fairfax County VA Ad Shelters 2010 Loudoun County VA Bus Ads 2012 Bladensburg MD Ad Shelters 2007 Brentwood MD Ad Shelters 2000 College Park MD Ad Shelters 2000 Gaithersburg MD Ad Shelters 2003 Glenarden MD Ad Shelters 2000 Landover Hills MD Ad Shelters 1999 Laurel MD Ad Shelters 2000 Mount Rainier MD Ad Shelters 2001 New Carrollton MD Ad Shelters 2006 Prince George's County MD Ad Shelters & Ad Benches 2000 Seat Pleasant MD Ad Shelters 2000 95 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services Municipality State Product(s) Contract Origination Date Takoma Park MD Ad Shelters 1999 Los Angeles (City) CA Ad Benches 2011 Los Angeles (County) CA Ad Benches 2021 InSite Street Media is a socially aware corporate partner in all of the municipalities which we service. For example, in Los Angeles our anti-recidivism initiatives with the Anti- Recidivism Coalition (ARC), and other similar groups, allow our Company to empower formerly and currently incarcerated people to thrive by providing a support network, reentry into the workforce and society. Targeted workers for job placement include veterans, persons with a history of involvement with the criminal justice system (formerly incarcerated), persons with no high school diploma or GED, former foster youth and other at-risk persons. Throughout the country, we expect to continue to employ a substantial number of formerly incarcerated individuals, giving them a chance to succeed. We are proud of the track record of our current and former employees who are experiencing success in life. CORPORATE ORGANIZATIONAL CHART CORPORATE MANAGEMENT TEAM The executive management team of InSite Street Media has in excess of 160 years combined experience in the outdoor advertising industry. The team has extensive experience in the management, sales, and operation of 96 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services transit advertising programs and other forms of out-of-home. The following personnel will be available to provide and/or supervise all services outlined in the RFP response for the entire duration of the contract. We have provided the resumes of our key personnel, which discuss the qualifications and credentials of everyone on the InSite Street Media team. KEITH THOMPSON Chief Executive Officer Mr. Thompson graduated magna cum laude with a BA in communications from University of California, San Diego in 1989, and later received an MBA from Pepperdine University. Keith Thompson has spent his entire career in the Outdoor Advertising/Street Furniture/Bus Bench industries in various Operations, local and National Sales, General and Sales Management, and National Client/Media Agency roles in both Los Angeles and New York City. Mr. Thompson joined InSite Street Media in 2013 after the completion of the initial rollout of the new City of Los Angeles’ Bus Bench program. He currently oversees all aspects of the company’s business and is also a board member of both OAAA and Geopath. GLENN FLUTIE EVP, Operations Since 1984, Mr. Flutie has provided and managed street furniture programs in numerous markets, and during this period he has overseen the installation of more than 8,500 bus benches and 300 bus shelters. Mr. Flutie has a broad knowledge of ADA requirements, as well as general installation expertise, and is known for his ability to install and maintain shelters and benches in a safe and timely manner. His experience includes the supervision of the installation of the street furniture in Atlanta in 1996 in time for that year’s Olympics, and he personally marketed and supervised the installation of all 6,000 benches in Los Angeles, in less than a two-year time period. Mr. Flutie has an incredible amount of knowledge and unique understanding of the Federal, State, and local regulations pertaining to South Miami’s bus benches, and has a strong relationship with our furniture manufacturing partners. ARTHUR R. ROCKWELL VP of Sales & Marketing Arthur Rockwell is the company’s Vice President, Sales & Marketing. He boasts 20+ years of out-of-home experience. Mr. Rockwell has been in the advertising industry since 1989 and has spent most of his career in the out-of-home advertising industry. After leaving La Opinión in 1993, Mr. Rockwell spent 10 years with Vista Media Group (now Lamar Advertising) in Los Angeles, rising to the position of Executive Vice President, Sales & Marketing. After leaving Vista Media in 2003, Mr. Rockwell spent 5 years directing the Multi-Cultural Division of CBS Outdoor (now Outfront Media) as Senior Vice President. In 2006, he was named the Out-Of-Home Media All Star by Advertising Age’s Marketing y Medios Magazine. He also has extensive experience in market intelligence and geodemographic data and analytics. In 2019, he relocated to New York and joined InSite Street Media in September, 2019 as General Manager of the company’s NY – North branch in Westchester, NY. DAMIAN CANTERINI Chief Financial Officer Mr. Canterini was named Chief Financial Officer of InSite Street Media 6 years ago. He is a CPA with over 25 years of experience in public and private accounting. Mr. Canterini oversees accounting, finance, and HR functions for InSite Street Media. Prior to joining InSite Street Media, he held a variety of upper management accounting positions within healthcare, telecommunications, pulp and paper, and public accounting industries, 97 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services including VP of Finance, Director of Finance, Chief Accounting Officer and Controller. Mr. Canterini received his B.S. in Accounting from King’s College in Pennsylvania and his MBA in Finance from Georgia State University. RICARDO KATTAN General Manager - Miami/Broward Mr. Kattan studied business administration at the University of San Pedro Sula, in San Pedro Sula, Honduras. He was introduced as Market Manager of InSite Street Media, for the Miami Market, in July 2013. His responsibilities included the management of the local sales staff, documenting and reviewing sales activity, reporting directly to the Corporate Office for local needs assessments. Mr. Kattan was named General Manager of InSite, for Miami, in November 2013. This expanded his Administrative responsibilities locally, being now responsible for most accounts in the office P&L. As of January 2019, Mr. Kattan manages the Miami and Broward markets for InSite Street Media. Prior to joining InSite Street Media, Mr. Kattan served as Marketing Manager at IKA Group, a leading Outdoor Advertising Firm operating in Central America. From 2009 thru 2011, Mr. Kattan worked as General Manager, and Partner, of PME store chains and the distribution center of PME Honduras S.A., a company dedicated to wholesale and retail of computer electronics imported from the United States. DEDICATED SALES FORCE In addition to our local Long Island sales team, InSite Street Media has a national/regional sales team that currently sells advertising space for all our offices, including our Long Island region. InSite Street Media has one of the most experienced and knowledgeable sales teams in the Country. But our key to success lies in our approach to our dedicated, heavy, local sales effort, as will be the case in South Miami. InSite Street Media develops its own in-house employees to function as the local sales force in the markets it serves and is thereby able to represent our partner's advertising programs and achieve the highest revenue generation possible. Our sales force will be focused on selling the assets of this franchise and their efforts will not be diluted with sales of other traditional outdoor assets such as billboards. InSite Street Media is excited about the potential to renew our partnership with South Miami as the Cityship’s street furniture partner. The COVID era has accelerated dramatic changes in the OOH and street furniture industries. The public-private-partnership (PPP) economic model emerging out of the depths of the COVID environment is one where equity between the municipality and private enterprise is front and center. Specifically, as it relates to a potential PPP between the City of South Miami and InSite Street Media, we are highly confident that the value proposition InSite offers South Miami is the best option. The foundation of the value proposition begins with ensuring an optimal streetscape through daily execution of a solid and reliable maintenance and upkeep program. At no cost to the City of South Miami, InSite will provide a professionally managed maintenance program, will supply the City with new transit benches, and will maintain them in pristine condition. InSite’s value proposition foundation is supported by a large team of advertising sales professionals and managers who already operate street furniture programs throughout South Miami and its neighboring communities. In addition to a well-developed local book of business, we enjoy a highly effective team of national and regional advertising sales executives that will bring larger brand budgets to South Miami’s program. InSite Street Media’s proven track record successfully demonstrates a keen ability to generate revenue that will ensure the program is both a streetscape and economic success for the City of South Miami. 98 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services InSite Street Media has a strong track record of providing advertisers with marketing solutions leveraging the power and unavoidable reach of out-of-home advertising, thereby driving revenue increases from national, regional, and local advertisers. InSite Street Media is convinced that its combination of local marketing expertise, ability to secure revenue from national advertisers, focus on hyperlocal sales in support of small business merchants, deep experience in the area of multicultural sales, coupled with a keen understanding of potential and evolving new technologies is unmatched by any other potential partner. LOCAL SALES PLAN InSite Street Media is a nationwide leader in monetizing transit benches, in several major markets throughout the country. Our team has deep experience in advertising sales and has been responsible for hundreds of millions of dollars in successful campaigns executed. While other, larger outdoor advertising companies treat local sales as an afterthought, we believe that local and small business advertisers are the heart of a properly run Street Furniture advertising program. It is well known that most new hires in the United States are done by small business. And yet, it is increasingly difficult for the small business segment to find efficient ways to advertise. Four full-time sales employees on staff based in InSite’s Miami/Ft. Lauderdale offices have over 125 years combined experience working with local and regional Miami-based agencies and clients. Outdoor advertising is the only media not served through online/mobile platforms that is gaining audience in this digital age. The fact remains that small businesses are usually priced out of the market for many out-of-home options or lost in the crowd with Internet and digital options. In many cases, OOH is of interest and can be effective means for a local business to reach an audience that is relevant to it, given OOH’s unique ability to target geographical sub- markets, also known as hyper-local targeting. InSite Street Media’s sales program that caters to the small business owner and the revenue from the general South Miami market is not nearly as subject to the cyclical nature of national advertising dollars. For instance, many ads for national campaigns are limited to the roll-out of a new product or short-term promotion, such as the release of a technology or mobile/telecom offer, new movie or streaming content, the debut of a broadcast, cable or streaming television program, etc. Meanwhile small businesses often advertise their services for the long-haul and thus depend on the more affordable options as a means to create awareness in the local neighborhood for their business. Our array of services helps small businesses succeed (from professional ads to full-service printing, to proper placement of the advertisement), and ultimately improves the overall business atmosphere of the municipalities in which it serves. InSite Street Media develops its own in-house employees to function as the local sales force in the markets it serves and is thereby able to represent our partner's advertising programs and achieve the highest revenue generation possible. We have a robust sales team composed of 8 people in our Miami office, and all will be tasked with selling the South Miami transit benches. MARKET PROFILE & POSITIONING InSite Street Media engages in a consultative, audience-first, sales approach. The more we know about the audience we deliver, the faster we can pinpoint the most likely potential advertisers interested in reaching that audience. Using the most robust data on the American consumer, Claritas’ PRIZM Premier identifies over 68 different segments, allowing our sales staff to educate marketers about the audiences we can deliver and enable targeting advertising with greater precision. Below is a sample of our audience targeting capabilities using six PRIZM audience segments in South Miami. PRIZM can serve as a complete tool for analyzing customers, implementing strategies, and measuring outcomes and results. For sales, market segmentation that has already been done allows our sales staff to find out who the customers are, what they like, where they can be found, 99 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services and the best ways to reach them. In addition, the demographic audiences available as a member of Geopath include age, sex, race, ethnicity, and income helping us target customers more accurately than ever before. Claritas PRIZM Premier is a set of geo-demographic segments for the United States, developed by Claritas Inc., (which was owned under The Nielsen Company umbrella from 2009-2016). PRIZM (Potential Rating Index for Zip Markets) Premier combines demographics, consumer behavior and geographic data for marketers. The dominant PRIZM segments in South Miami are: • EMPTY NEST (Upper Midscale Mature without Kids, Age 65+) Mostly Owners / Elite IPA / Below Average Tech With their grown-up children out of the house, Empty Nests is composed of upper middle-income older Americans who pursue active, and activist, lifestyles. Most residents are over 65 years old, but they show no interest in a rest-home retirement. They enjoy golf, eating out at sit-down restaurants, and contributing to organizations that support military veterans and political causes that they champion. • MOVERS & SHAKERS (Wealthy Older Mostly without Kids, Age 45-64) Mostly Owners / Millionaires IPA / Above Average Tech Movers & Shakers is home to America's business class, a wealthy suburban world of dual-income couples who are highly educated, typically between the ages of 45 and 64. Given its high percentage of executives and white-collar professionals, there's a decided business bent to this segment as they enjoy reading business publications like the Wall Street Journal, visits to investment websites, and reading the business section of the newspaper via portable media devices. • UPPER CRUST (Wealthy Mature without Kids, Age 65+) Homeowners / Millionaires IPA / Above Average Tech The nation's most exclusive address, Upper Crust is a haven for wealthy empty-nesting couples over the age of 65. This segment has a high concentration of residents earning over $100,000 a year and many possess a postgraduate degree. They have an opulent standard of living - driving expensive cars, frequently eating out at upscale restaurants, and traveling to destinations like Europe. • GRAY POWER (Wealthy Mature without Kids, Age 65+) Homeowners / Millionaires IPA / Below Average Tech Gray Power consists of wealthy older couples typically living just beyond the nation's beltways. While some in this segment hold white-collar jobs, many are already retired and enjoying their comfortable homes and apartments within a short distance of down-city restaurants and activities. These individuals like to travel, as well as follow men's and women's golf on television. • WINNERS CIRCLE (Wealthy Middle Age Mostly with Kids, Ages 35-54) Mostly Owners / Elite IPA / Above Average Tech Among the wealthy widely suburban lifestyles, Winner's Circle is the youngest, a collection of mostly 35- to 54-year-old couples with large families in new-money subdivisions. Surrounding their homes are the signs of upscale living - recreational parks, golf courses, and upscale malls. With a median income over $100,000, Winner's Circle residents are big spenders who like to travel, eat at quick service restaurants, shop at clothing boutiques, and attend sporting events. NATIONAL SALES PLAN InSite Street Media will also sell South Miami’s transit benches to a broad national network of both client and advertising agency contacts through our national sales force team. This network includes: 1. Three sales employees on staff based in New York with over 50 years combined experience working with New York city-based agencies and clients. 100 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services 2. Multiple full-time salespeople on staff on the West Coast dealing regularly with national advertisers and agencies in Los Angeles, San Francisco, Seattle, Portland, and other West Coast markets. 3. A National Sales Group based in South Florida and Atlanta with national agency relationships in the second-tier markets of Southeast Region including Dallas, Austin, Atlanta, Miami. 4. Two sales employees based in InSite Washington DC area offices who contribute to the team by developing revenue opportunities from government programs funded from Federal, State and Local government budgets. 5. A key subcontractor partner consisting of four highly regarded industry professionals who interact daily with advertising/media buying agencies in Chicago, Detroit, and other markets in the East Coast and Central Regions. INSITE'S GEOPATH RATINGS AND MEMBERSHIP InSite Street Media subscribes to Geopath (formerly Traffic Audit Bureau - “TAB”) Ratings system and have undergone a full audit for our inventory, including our Long Island inventory. In addition, our Chief Executive Officer, Keith Thompson sits on the Board of Directors and two of our senior sales leaders (Arthur Rockwell and Toni Short) serve on advisory committees of Geopath. Geopath is the Out-of-Home Industry association whose purpose is to provide standardized, quantitative, and valid audience measurement for out-of-home media, which is used by sophisticated advertisers and agencies worldwide. Through Geopath’s proprietary out-of-home ratings measurement system, InSite Street Media is able to continually inform the advertising community with demographically accurate and detailed information about the people who have seen bus advertisements. Our company intends to invest in the Geopath ratings system specifically for South Miami’s transit benches to support the sales effort and drive revenue performance for national, regional, and local business in both South Miami and the general Long Island area. INSITE’S O.A.A.A. MEMBERSHIP AND BOARD SEAT InSite Street Media is actively involved in the O.A.A.A., as our Chief Executive Officer, Keith Thompson, has a seat on the board. Through InSite’s active participation in the O.A.A.A., our employees are very familiar with the OOH Media Locator, the OOH Resource Center App, the OOH Mockup Generator and OOH Education in general. Our team is fully capable of capable of translating these informational resources into increased high-end advertising sales, thereby increasing the incremental revenue to the City of South Miami. INSITE’S ADVERTISING POLICY InSite Street Media’s company policy is to adhere to high standards for the type of advertising deemed acceptable for public exposure. InSite Street Media will follow a policy to not accept advertising for transit benches of the following types, including but not limited to: obscene or pornographic; adult-oriented; promoting tobacco sales; symbols, images and language deemed offensive; and other advertisements that a municipality deems injurious to the public health, safety and welfare. As such, advertising accepted by InSite Street Media will comply with the prohibitions on the types of advertising South Miami does not permit on transit bench advertising pursuant to the “Scope of Services” in the RFP. If the City of South Miami provides notice that any advertising is contrary to the interests as determined by the City, InSite Street Media will remove the advertisement. Inappropriate or offensive advertising shall include, but is not limited to, the following: • Advertising that is likely to confuse, distract, interfere, mislead, or conflict with any traffic control device or traffic circulation. In addition, no advertising, signs or devices shall be permitted in conjunction with the bus advertisement which display the words “STOP”, “DRIVE-IN”, “DANGER”, or any other word, phrase, symbol or character that may interfere with, mislead, or direct vehicular traffic. 101 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services • Advertisements that contain or depict pornographic material, or adult material that is harmful to minors, or obscene matters. • Advertisement of tobacco or other substances known to be health hazards. • Symbols, images, and language deemed offensive by City of South Miami. • Advertising that contains rotating, revolving or flashing lighting devices or any other moving parts. • Any other advertising that is determined by the City of South Miami, in its sole discretion, to not sufficiently comply with the City’s Code. InSite Street Media will remove any advertisement with a verbal notice, with written notice to follow, adhering to our advertising agreement with the customer. Below is our list of references for the City of South Miami’s Bus Bench Advertising and Services: Municipal Partner Contract Manager / POC Contact Information City of Hialeah, FL Justo Espinosa Transit Manager 350+ Benches (305) 815-9456 jbespinosa@hialeahfl.gov City of North Miami, FL Steven Marcellus Transportation Specialist 39 Transit Benches (786) 828-7460 smarcellus@northmiamifl.gov Miami-Dade County, FL Raonel Rodriguez Public Works Transit Passenger Amenities Manager 1,650 Transit Benches (786) 469-5328 raonel.rodriguez@miamidade.gov Hillsborough Area Regional Transit (HART) Tampa, FL Daniel Rodriguez Project Manager 1 360+ Transit Shelters (813) 384-6438 rodriguezd@gohart.org City of Los Angeles, CA Lance Oishi Contract Administrator 6,000 Transit Benches (213) 847-3333 lance.oishi@lacity.org Westchester County, NY Michael Swee Director of Surface Transportation 307 Transit Shelters (914) 9995-1647 mas9@westchestergov.com Nassau County Shelters / Benches Sharon Persaud MSCE, Nassau County Dept. of Public Works 244 Shelters / 217 Benches (516) 571-1775 spersaud@nassaucountyny.gov Suffolk County Transit Buses Christopher Chatterton Director of Operations, Suffolk County Transit 115 Buses (631) 852-4010 chris.chatterton@suffolkcountyny.gov 102 BUS BENCH STYLES AND COLOR OPTIONS (TWELVE COLORS ARE AVAILABLE) STANDARD HALF-ARM BENCH: STANDARD FULL-ARM BENCH: SQUARE CLASSIC BENCH: 103 COASTAL BENCH: DECO BENCH: BOARDWALK BENCH: 104 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services RESIDENTIAL BENCH ROLL-OUT: Over the course of the first six months of the contract, InSite Street Media will evaluate other potential sites and, if ADA compliant, will begin to install residential (non-advertising) metal benches in the residential areas of the City. The images below reflect six (6) residential bench options for South Miami to choose from. All of these non-advertising, residential benches meet or exceed hurricane wind resistance building code requirements, and will be constructed to meet the Florida Administrative Code (FAC) and all ADA Guidelines. The color options of the residential benches are the same as the commercial ad benches: Residential Bench 1: The Charleston Residential Bench 2: The Durham Residential Bench 3: The Hamilton Residential Bench 4: The Jackson Residential Bench 5: The Savannah Residential Bench 6: The Wilmington 105 _____________________________________________________________________________________________________________ InSite Street Media | City of South Miami | RFP #FN2022-01 | Bus Bench Advertising and Services As part of South Miami’s RFP response, Insite Street Media is submitting the following trash receptacle design, along with illustrations and specifications. CLASSIC 32-GALLON TRASH RECEPTACLE Diameter: 23¼ inches Height: 29¾ inches Weight: 60 pounds Capacity: 32 gallons Material: Die-formed, welded steel Coating: UltraCoat premium thermoplastic Parts: Colored base, Rain-Bonnet style lid Color(s): Blue, black, burgundy, navy, green, red, brown, and beige This durable trash receptacle is easy to maintain and will be a nice addition to South Miami’s scenic streetscape. The trash receptacle comes in 8 colors, and can be ordered to match InSite Street Media’s new bus benches. These trash receptacles can either be bolted down into the concrete, or post-mounted into the soil, for whatever application is at any given location. These classic trash receptacles are available in either a diamond or perforated pattern, in the heavy-duty, welded steel frame. A thermoplastic coating adheres to the metal surfaces and ensures a smooth, shiny finish that also protects the frame from rust. The PVC-free coating is environmentally friendly and UV resistant. TRASH RECEPTACLE MAINTENANCE Insite Street Media will install a new 32-Gallon Thermoplastic Metal Trash Receptacle at each bus bench location. These trash receptacles will be maintained by Insite Street Media throughout the duration of the South Miami contract, and will be emptied a minimum of three (3) times per week. Insite will also clean the streetscape within a 20-foot radius of trash receptacle five (5) days per week. If any particular trash receptacle requires more maintenance, Insite will dispatch our “hot spot” crews to deal with locations needing more service. COMMERCIAL AND RESIDENTIAL TRANSIT BENCHES ➢ Days 1 of the Contract: InSite Street Media will launch an after-hours phone-line for members of the South Miami staff to report any damaged transit benches, during non-business hours. ➢ Days 1 of the Contract: InSite Street Media’s maintenance crew will continue cleaning the current transit benches in designated areas, and disposing of any waste on or near the benches, five (5) times per week. ➢ Days 121-180 of the Contract: InSite’s crews will install new commercial and residential transit benches selected by South Miami at sites that meet the required FDOT & ADA minimum standards for bench installations. The installed new commercial and residential ad transit benches will be thermoplastic-coated. The thermoplastic material has been used in Dade County, Broward County, and Los Angeles for nearly 20 years; and has proven to be the best way to dissipate heat and allow for easy-cleaning of graffiti. TRASH RECEPTACLES ➢ Days 1 of the Contract: InSite Street Media will launch an after-hours phone-line for members of the South Miami staff to report any damaged transit benches, during non-business hours. 106 107 Sout~iami THE ern OF PLEASAI\T U\l)<G EVALUATION SCORING SHEET RFP BUS BENCH ADVERTISING & SERVICES Respondent Ranking Order Respondent A. Riverol J. Reese S. Fraga-Lopez AVG RANK INSITE STREET I I I 1.00 MARKETING CREATIVE 2 2 3 2.33 OUTDOOR FUEL MEDIA 3 3 2 2.67 HOLDINGS Reviewed by S 1Z-~-7J ~?' c,''-Signature: 4d ~ Date: / -'3 I -Z--"L--- 108 THE CITY OF PLEASANT LIVING Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl .gov RFP Title: BUS BENCH ADVERTISING AND SERVICES RFP No.: FN2022-01 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. T he total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The ran kings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. I. Criteria Proposer's relevant experience, qualifications, and past performance in providing these services to Municipalities and relevant experience and qualifications of key personnel, including key personnel of sub-contractors, that will be assigned to this project, and experience and qualifications of subcontractors POINTS 35 Attractive style of benches and receptacles proposed including INSITE STREET MARKETING o 2. durability, ease of maintenance, and materials proposed. 3. 4. POINTS 40 Proposed maintenance and replacement plans and procedures. POINTS 20 Franchise Fee paid to the City. POINTS 5 Total Score: _ Rank Page 1 of 2 , CREATIVE OUTDOOR to 109 Respondent Ranking Order Rater #1 Rater #2 Rater #3 Rater #4 AVG RANK RESPONDENT A RESPONDENT B RESPONDENT C RESPONDENT D RESPONDENT E Reviewed by: Page 2 of 2 110 Evaluation Scoring Sheet TIlE CITY or PLEASANT UV ING Procurement Division 6130 Sunset Driv e South Miami, Florida 33143 (305) 663-6339 www.southmiamifl .gQY RFP Title: BUS BENCH ADVERTISING AND SERVICES RFP No.: FN2022-01 01 RECTIONS: Please score each firm, for each specific criteria pmvided. Scoring is based on each criteria listed below with a ma x imum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total scor'e for eac h Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. Th e ran kings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is di vided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. I. 2 . 3. 4. Criteria Proposer's r e levant experience, qualifications, and past performance in providing t hese services to Municipalities and relevant experience and qualifications of key personnel , including key personnel of sub-contractors, that will be assigned to this project, and experience and qualifications of subcontractors POINTS 35 Attractive style of benches and receptacles propose d including durab ility, ease of maintenance, and materials proposed. POINTS 40 Proposed m a intenance and replacement plans and procedures. POINTS 20 Franchise Fee paid to the City. POINTS 5 INSITE STREET MARKETING 3D 20 CREATIVE OUTDOOR 2-D 3D FUEL MEDIA HOLDINGS ZD 1/ 2-/ -----+--------~--~~~ ! Total Score: • I Rank Page 1 of 2 111 Respondent Ranking Order Rater #1 Rater #2 Rater #3 Rater #4 AVG RANK RESPONDENT A RESPONDENT B RESPONDENT C RESPONDENT D RESPONDENT E Reviewed by: (Print Name) rJd~~ (Signature) Date: I~kr. Page 2of2 112 Evaluation Scoring Sheet THE CITY OF PLEASANT LIVING Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov RFP Title: BUS BENCH ADVERTISING AND SERVICES RFP No.: FN2022-01 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria . The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; # I (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. I. 2. 3. 4 . Proposer's relevant experience, qualifications, and past performance in providing these services to Municipalities and relevant experience and qualifications of key ~c- personnel, including key personnel • J of sub-contractors, that will be assigned to this project, and experience and qualifications of subcontractors POINTS 35 Attractive style of benches and receptacles proposed including durability, ease of maintenance, and materials proposed. POINTS 40 Proposed maintenance and replacement plans and procedures. POINTS 20 Franchise Fee paid to the City. POINTS 5 Total Score: Rank 00 Page 1 of 2 113 Respondent Ranking Order Rater #1 Rater #2 Rater #3 Rater #4 AVG RANK RESPONDENT A RESPONDENT B RESPONDENT C RESPONDENT D RESPONDENT E Reviewed by: A~V-L)., ~ ~\U-e.y'o\ Date ~l ~\ /?-:r- (Print Name) -----\--=:-::7"'t---j-~'--'-"~=_==_ Page 2 of 2 Member Name City of South Miami Bid Number RFP-RFP #FN2022 - 01-0-2022/SK Bid Name BUS BENCH ADVERTISING AND SERVICES 7 Planholder(s) found 251 NOTIFIED SupplierName FullNameEmail Address1 City State Postal DeclaredAttribut es AMIO ENTERPRISES LLC Amechi OnyejekweAmioenterprises@gmail.com 23090 Post Gardens Way Boca Raton FL 33433 African American Owned, Small Business ConstructConnect ConstructConnect Bid Opportunitiescontent@constructconnect.com3825 Edwards Rd Cincinnati OH 45209 Imaginart Media Productions, LLC Elizabeth Guerininfo@imaginartmedia.com17814 SW 47th St Miramar FL 33029 Small Business, Woman Owned InSite Street Media Peter KazanjianPKazanjian@insitesm.com 1990 Westwood Blvd., Suite #300 Los Angeles CA 90025 Tigo Inc, dba Expose Yourself USA Lilly Ortizlilly@eysigns.com5967 NW 31st Ave Fort Lauderdale FL 33309-2207Small Business TOMKA CONSTRUCTION JULIO TORRESadmin@tomkafl.com 8200 NW 41 STREET STE 200 Miami FL 33166 Video screens USA Jim Nelmsjim@videoscreens.net6458 Cornet Drive New Port Richey FL 32958 Small Business, Veteran Owned, Woman Owned 1 Document(s) found for this bid 114 · . MIAMI DAILY BUSINESS REVIEW Published Daily OXCCpt Saturday, Sunday and legal Holidays Miami , Miami-Dado County, Florida STATE OF FLORIDA CO UNTY OF MIA MI·DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says thai he or she is the DIRECTOR OF OPERATIONS. Le gal Notices of the Miami Daily Busine ss Review f/JrJa Miami Rev ie w . a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Oade County, Florida: that the aUached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -RFP #FN2022 _ 01 in the XXXX Court, was publis hed in said newspaper in the issues of 1211312021 Affiant further says that the said Miami Daily Business Review is a newspaper published al Miami, in said Miami.Dade County , Florida and thai the saId newspaper has hereto fore been co ntinu ously published in saId Miami·Dado County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mai l matter at the post office in Miami in said Miami ·Dade County, Florida, for a period of one year next preced ing the first publication of the attached copy of advertisement: and affiant furthe r says thai he or she has neither paid nor promised any person, firm or corporation any discount. rebate. comm ission or refund for tho purpose of securing this advertisement for publication in th e said "'~~fl~ Sworn I and subs 'bed before me this 13 of DEC BER, A.D. 2021 GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 -01 SUBMlnAL DUE DATE: .JANUARY 19, 2022 AT 10AM The City is hereby requesting sealed proposals in response to this RFP #FN2022-()1. BUS BENCH ADVERTISING AND SERVICES. The purpose of this Solicitation is to contract for the services In accordance with the Scope of Services, (EXHIBrr 1, Attachments A, B & C) and the plans and/or specHications, if any, described in this Solicitation {hereinafter referred to as -the Project-or "Projectj. Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmlamlfl.gov/which is the City of South Miami's web address for solicitation infonnation, The City will only receive submittals electronically through the OemandStar Electronic BId System (E-B lddlng). To register as a business, go to Mp-sJlnetwork.d emandstar.com/ Proposals must be received electronically through Demand5tar, no later than 10:00 A.M . local time (the "Closing Date") on January 19, 2022 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 . l ocal time on (the Closing Date, January 19, 2022. The City Clerk will conduct the E·Bid Opening through video conferenctng using the Zoom platform. Members of the public may view the meeting via Zoom at https ://zoo m.usfIf3056636339, or listen to the meeting on a dedicated phone line by dialIng +1·78&-635-1003 Meeting 10: 3056636339. MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING The Procurement Division will conduct a Mandatory Pre-Bid Meeting through video conferencing using the Zoom platform at 10:00 AM on January 6, 2022. Members of the public may attend and view the meeting via Zoom at !J!1gs:l/zoom.usli 3056636339, or listen to the meeting on a dedicatao phone line by dialing +1-786-635-1003 Meeting 10: 3056636339, 12113 Nkenga A Payne, CMC, FCRM City Clerk. City of South Miami 21-5210000567979M 115 MIAMI DAILY BUSINESS REVIEW Published Dally exccpt Saturday. Sunday and legal Holidays Miami, Miami-Dado County, Florida STATE OF FLORIDA COUNTY OF MIAM I·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 Busine ss Review f/kJa Miami Review. a daily (except Salurday , Sunday and legal Holidays) newspaper, published at MIami in Miami-Oade County , Florida; that the aUached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI· RFP #FN2022 _ 01 in the XXXX Court, was published in sai d newspaper in the issues of 12/1312021 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami .Dade County , Fl orida and that the said newspaper has heretofore been conti nuously published in saId Miami·Oade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been enlered as second class mai l mailer at the post ofnce In MIami in saId MiamI-Dade County, Florida, for a period of one year next preced ing the first publication of the attached copy of advertisement and affiant further says that he or she has noilher paid nor promised any person, firm or corporation any discount, rebate, commission or refund for tho purpose of securing th is advertisement for publication in the said '''~~?l~ Sworn t and subs 'bed before me this 13 of DEC GUILLERMO GARCIA personally known to me ...... ". BARBARATIIOMAS ... i!!'''·~·~ 1.( ..0.,\., Commission # HH 181442 \~.~.~~: ExpIres November2,2025 '<r.~~:!~?~ .. , Bonded Thru Troy FaIllnsurancc 8(l()-34S.7019 CITY OF SOUTH MIAMI BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 -01 SUBMITTAL DUE DATE: .JANUARY 19, 2022 AT 10AM The City is hereby requesting sealed proposals in response to this RFP 'FN2022-<lI, BUS BENCH ADVERTISING AND SERVICES. The purpose of this Solicitation is to contract for the services In accordance with the Sc<Jpe of Setvices, (EXHIBIT I, Attachments A, B & CJ and !he plans and/or specmcations, if any, described in this Solicitation {hereinafter referred to as -the ProJect-or wProJectj. Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamlfl.gov/which is the City of South Miami 's web address for solicitation Infonnatlon. The City will only receive submittals electronIcally through the OemandStar Electronic Bid System (E·Blddlng). To register a8 a busIness, go to htl~s:l/network .d emandstar.coml Proposals must be received electronically through DemandStar, no later than 10:00 A.M . local time (the "Closing Date") on Januery 19, 2022 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 wi11 not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E·Blds for this solicitation will occur at 10:30 A.M . local time on (the Closing Date, January 19, 2022. 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 :/lzoom.usl'!l3056636339, or listen to the meeting on a dedica ted phone line by diaJ'tng +1·786-635·1003 Meeting 10: 3056636339 . MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING The Procurement Division will conduct a Mandatory Pre-BkI Meeting through video conferenclng using the Zoom platfonn at 10:00 AM on January 6, 2022. Members of the public may attend and view the meeting via Zoom al !ll1Qs:llzOQ.u 3056636339, or listen to the meeting on a dedicateo phone line by dialing +1·786-635·1003 Meeting 10: 3056636339 . 12/13 Nkenga A. Payne, CMC, FCRM City Clerk. City of South Miami 21-52/0000567979M 2/4/22, 9:54 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=INSITEM…1/2 Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company INSITE MARTIN OUTDOOR, LLC Filing Information L11000074924 45-2612947 06/28/2011 06/28/2011 FL ACTIVE CORPORATE MERGER 10/06/2020 NONE Principal Address 200 MANSELL CT. E SUITE 325 ROSWELL, GA 30076 Changed: 09/03/2019 Mailing Address 200 MANSELL CT. E SUITE 325 ROSWELL, GA 30076 Changed: 09/03/2019 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET SUITE 3 TALLAHASSEE, FL 32301 Name Changed: 09/03/2019 Address Changed: 09/03/2019 Authorized Person(s) Detail Name & Address D C Florida Department of State 116 2/4/22, 9:54 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=INSITEM…2/2 Title MEMBER FLUTIE, GLENN 5330 SW 14TH ST PLANTATION, FL 33317 Title MEMBER SMITH, RANDALL 1317 BEVERLY ESTATE DRIVE BEVERLY HILLS, CA 90210 Title Authorized Representative Canterini, Damian 200 MANSELL CT. E SUITE 325 ROSWELL, GA 30076 Annual Reports Report Year Filed Date 2019 08/21/2019 2020 04/17/2020 2021 04/23/2021 Document Images 04/23/2021 -- ANNUAL REPORT View image in PDF format 10/06/2020 -- Merger View image in PDF format 04/17/2020 -- ANNUAL REPORT View image in PDF format 09/03/2019 -- CORLCRACHG View image in PDF format 08/21/2019 -- ANNUAL REPORT View image in PDF format 02/27/2018 -- ANNUAL REPORT View image in PDF format 02/15/2017 -- ANNUAL REPORT View image in PDF format 01/21/2016 -- ANNUAL REPORT View image in PDF format 03/04/2015 -- ANNUAL REPORT View image in PDF format 03/04/2014 -- ANNUAL REPORT View image in PDF format 03/13/2013 -- ANNUAL REPORT View image in PDF format 09/20/2012 -- ANNUAL REPORT View image in PDF format 02/20/2012 -- ANNUAL REPORT View image in PDF format 06/28/2011 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations 117 200 MANSELL CT. E SUITE 325 ROSWELL, GA 30076 Current Principal Place of Business: Current Mailing Address: 200 MANSELL CT. E SUITE 325 ROSWELL, GA 30076 US Entity Name: INSITE MARTIN OUTDOOR, LLC DOCUMENT# L11000074924 FEI Number: 45-2612947 Certificate of Status Desired: Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET SUITE 3 TALLAHASSEE, FL 32301 US 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 : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Authorized Person(s) Detail Date GLENN FLUTIE, MEMBER FILED Apr 23, 2021 Secretary of State 4258960156CC DAMIAN CANTERINI AUTHORIZED PERSON 04/23/2021 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT No 04/23/2021 Title MEMBER Name FLUTIE, GLENN Address 5330 SW 14TH ST City-State-Zip:PLANTATION FL 33317 Title AUTHORIZED REPRESENTATIVE Name CANTERINI, DAMIAN Address 200 MANSELL CT. E SUITE 325 City-State-Zip:ROSWELL GA 30076 Title MEMBER Name SMITH, RANDALL Address 1317 BEVERLY ESTATE DRIVE City-State-Zip:BEVERLY HILLS CA 90210 118 EXHIBIT 6 FRANCHISE AGREEMENT BUS BENCH ADVERTISING AND SERVICES RFP IIFN2022 • 0 I THIS FRANCHISE. entered into this 15 day of March. ~ by the CITY OF SOUTH MIAMI through its Manager. both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive. South Miami, FL, E-mail: SKAMALI@SOUIHMIAMIFLGOV and INSITE MARTIN OUTDOOR. LLC with an office and principal place of business located at 1835 NW I 12 AVENUE. SUIE 161. "'AMI. FL 33172. and E-mail address of RKattan@insltesm.com and Facsimne transmission number of 30S/969.o51O (hereinafter called the "COSUL T ANT'. WITNESSETH: WHEREAS, the CITY needs BUS BENCH ADVERTISING AND SERVICES; and WHEREAS, the CITY desires to retain FRANCHISEE, to provide the reqUired services based on FRANCHISEE's representations which reflect that FRANCHISEE is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, FRANCHISEE has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: ( I) Engagement of Franchisee: Based on the representations of FRANCHISEE as set out in the follOwing documents the CITY hereby &J1lnts to FRANCHISEE the rights, and FRANCHISEE accepts the obligations set forth in Scope of Services. as modified by the Franchise Documents, (all of which is hereinafter referred to as the Work"). RESPONDENT'S BID FORM, attached as ClExhlbit 1 RESPONDENTS COST Ir TECHNICAL PROPOSAL attached as "Exhibit 4" (2) Franchise Documents: The Franchise Documents shall include this Franchise and the forgoing (in paragraph I above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Franchise Documents: o Scope of Services, attached as Exhibit I o CITY's Insurance. Indemnification Requirements. attached as Exhibit 2 o SoUdtation documents for BUS BENCH ADVERTISING AND SERVICES, RFP #FNl021-47. This Franchise Agreement and the Solicitation, Scope of Services. and Insurance & Indemnification Requirements shall take precedence over the response to the OrY's BUS BENCH ADVERTISING AND SERVICES RFP #FN2022 -01 Induding the FRANCHISEE's Bid Form and FRANCHISEE! Respondent's Cost and Technical Response to the Solicitation. All the forgOing documents referenced in paragraph (I) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: FRANCHISEE shall commence the performance of the Work under this Franchise on a date to be specified in a Notice to Proceed. or Purchase Order. (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) PrImary Contacts: The Primary Contact Person in charge of administering this Franchise on behalf of the CITY is the City Manager ("Manager"), assistant Manager. or the Manager's designee. who shall be designated in a writing signed by the Manager. The Primary Contact Person for FRANCHISEE and his/her contact infonration is as follows: Name: IUchanI 'Iattan e-mail: drdtiMdnlitMm.£9Jm Fax: ]0$1969.0548 Street Address: 1835 NW 112 AVENUE, SUITE 161. MJAMI,FL 33172. (5) Scope of Semces: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. (6) Compensadon: The CITY's compensation under the terms and provisions of this Franchise (hereinafter referred to as the Franchise Price) shall be as set forth in CONTRACTORIRESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writing signed by the CITY and FRANCHISEE. (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays. is included in the Franchise Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager. the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Franchise shall commence on the Work Commencement Date and shall continue for FiVE (5) Yean. with One 'I) FIVE (5) Year Optlon- to-Benew. for a tenn not to exceed Ten (10) Consecutive Yean. The Option to Renew is at the discretion of the City Manaser, unless the Franchise is earlier termtnated in accordance with the Franchise Documents. (9) Tennination: This Franchise may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Franchise Documents. ( 10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Franchise. Venue for all proceedings involving or arising out of this Franchise shall be in Miami- Dade County. Florida. (I I) Duties and Responsibilities: FRANCHISEE shall comply with all applicable laws. ordinances, codes, rules. regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Franchise or the goods and/or services to be performed hereunder and shall commit no trespass on any private property In performing any of the work embraced by this Franchise. Each and every provision and/or clause required by law to be Inserted in this Franchise shall be deemed to be inserted herein and this Franchise shall be read and enforced as though such provisions and/or clauses were indueled herein. ( 12) Ucenses and Certifications: FRANCHISEE shall secure all necessary business and professional licenses at its sole expense prior to commencing the Work. (13) Insurance. Indemnification & Bondlns: FRANCHISEE shall comply with the insurance, indemnification and bonding requirements set forth in the Franchise Documents. In the event that any of the Franchise documents provide for Indemnification, nothing contained therein shall imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shalf be null and void and of no force or effect. (14) CompUance With Section 117.408 Florida Statue: Franchisee is responsible for ensuring that the bench or transit shelter complies with all applicable laws and rules, including, without limitation, the Americans with Disabilities Act, or must remove the bench or transit shelter. The Franchisee is liability for and must indemnify the City and Florida Department of Transportation (Department) for, any claims. losses, costs. charges, expenses, damages, liabilities. attorney fees. or court costs relating to the installation, removal. or relocation of any benches or transit shelters authorized by a municipality or county. Franchisee must require the qualified private supplier, or any other person under contract to install the bench or transit shelter. to indemnify. defend. and hold harmless the City and the City and the (Department) from any suits. actions. proceedings. claims. losses. costs, charges, expenses. damages. liabilities, attorney fees, and court costs relating to the installation, removal, or relocation of such installations. and shall annually certify to the department in a notarized signed statement that this requirement has been met. The certification shall include the name and address of each person responsible for indemnifying the City and the Department for an installation. (15) Jury Trial Waiver: The parties waive their right to jury trial. (16) Entire Apeement, Modification, and Non-waiver: The Franchise Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Franchise Documents may not be modified or amended except in writing, signed by both parties hereto and if this Franchise is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same fonnality as this Franchise if in the opinion of the Oty Attorney such approval is required by law. The Franchise Documents, in general. and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Franchise Documents. in whole or part, including the prOVisions of this paragraph, may be implied by any act or omission. ( 17) Public Records: FRANCHISEE and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the FRANCHISEE, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. FRANCHISEE and its subcontractors are specifICally required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agent)' with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Franchise term and following completion of the Franchise If the FRANCHISEE does not transfer the records to the public agency; and (d) Upon completion of the Franchise. transfer. at no cost, to the public agency all public records in possession of the FRANCHISEE or keep and maintain public records reqUired by the public agency to perform the service. If the FRANCHISEE transfers all public records to the public agency upon completion of the Franchise. the FRANCHISEE must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure reqUirements. If the FRANCHISEE keeps and maintains public records upon completion of the Franchise, the FRANCHISEE 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 forrmt that is compatible with the information technology systems of the public agency. IF FRANCHISEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE FRANCHISEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS FRANCHISE, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E.mall: npayne@southmlamifl.10V; 61]0 Sunset Drive, South Miami. FL .3314]. ( 18) Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery. e-mail (or similar electronic transmission), facsimile transmission or certified mail. with return receipt requested, and shall be deemed delivered on the date shown on the e-rmil 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 Oty receipt stamp showing the date of deliver; otherwise, the document shall not be considered to have been delivered. Notices shall 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. 61 30 Sunset Dr. With copies by U.s. mail to: To FRANCHISEE: South Miami. FL 33143 Fax: E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami. FL 33143 Fax: (30S) 341-0584 E-mail: tpepe@southmjamifl.eov InSite Street Media 1990 Westwood Blvd, Suite 300 Los Angeles, CA 90025 KThompson@lnsitesm.com ( 19) Corporate Authority. The FRANCHISEE and its representative who signs this Agreement hereby certifies under penalty of perjury that the FRANCHISEE and its representative have. and have exercised, the required corporate power and that they have complied with all applicable lepl requirements necessary to adopt. execute and deliver this Franchise and to assume the responsibilities and obligations created hereunder: and that this Franchise is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the FRANCHISEE hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. (20) DruB Free Workplace. FRANCHISEE shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Franchise by reference. (21) Transfer and Assignment. None of the work or services under this Franchise shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (22) Most Favored Public Entity. FRANCHISEE represents that the compensation negotiated with the CITY is not less than the compensation FRANCHISEE is offering to other customers for the same or substantially simi tar items or services for comparable quantities under similar terms, conditions, wages, benefits. insurance coverage and any other material cost factors. If FRANCHISEE's payments to other clients increase when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages. benefIts, insurance coverage and any other material cost factors, FRANCHISEE shall immediately extend the same compensation to CITY. (23) E-VERIFY. As a condition precedent to entering into this Franchise. and in compliance with Section 448.095. Fia. Stat., FRANCHISEE and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I. 2021. The FRANCHISEE and all subcontractors must comply with and be bound by the follOwing: (a) FRANCHISEE must reqUire each of its subcontractors to provide FRANCHISEE with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. FRANCHISEE must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention reqUirements of this ,Agreement; (b) The CITY. FRANCHISEE. or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 44B.09( I), Fia. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingty violated the prOVisions of this section, but that the FRANCHISEE otherwise complied. must promptly notify FRANCHISEE and FRANCHISEE must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above; (f) FRANCHISEE acknowledges that upon termination of this Agreement by the CITY for a violation of this Section by FRANCHISEE, FRANCHISEE may not be awarded a public contract for at least one ( I) year. FRANCHISEE further acknowledges that FRANCHISEE is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. FRANCHISEE or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these dauses in any lower tier subcontracts. FRANCHISEE is responSible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and FRANCHISEE's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties, have executed thi s Franchise, on or before the date first above written, with full knowledge of its content and sign ificance and intending to be legally bound by the terms hereof. ATTESTED: By: ~J ~ujL, f Nk ga PayneO City Clerk Read and Approved as to Form. Language, Legality a ~d Exec~lon Th'.i f.) By: I &7~ END OF SECTION MIAMI·DADE STATE OF FLORIDA COUNTY OF MIAMI·DADE : Before the undersigned authority personally appea red GUILLERMO GARC IA. who on oath says that he or she is the DIRECTOR OF OPERATIONS , Lega l Notices of the Miami Daily Bus iness Review f/kJa Miami Review, a daily (except Saturday , Sunday and Legal Holidays) newspaper, published al Miami in Mia mi -Dade County, Florida : that the attached copy of advertisement. being a legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI-PUBLIC HEARINGS· FEB . 15 , 2022 in the XXX>< Court. was published in said newspaper by print in the issues of and/or by publication on the newspaper's webSite, if authorized, on 0210412022 4 day of FEBRUARY , A.D . 2022 q~ GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and adminIstrative staff, and pursuant City of South Miami Code , Chapter 286.011 , Aa . Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus. the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no Iooger required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platfonn and members of the public may join the meeting via Zoom at Chttps:/lzoom ·usl'.t3056636338) and participate. At a minimum. at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with aU other members of the Commission, City Staff and the publ ic who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. February 15. 2022 at 7:00 p.m. to consider the following public hearing item(s): AIl Ordinance amending the City of South Miami Code of Ordinances, moving Section 15-99.1 -Controlled Parking Res idential Zones from Chapter 15 -Noise to Chapter 15A-Parking Meters, renaming Chapter 15A from "Par1dng Meters" to ·Par1<.lng ", renumbering Section 15-99.1 -Controlled Parking Residen\ial Zones \0 Section iSA.-1S Controlled Parf<ing Residential Zones and amending the procedure for issuance of parking permits. M Ordinance granting a franchise agreement to Insite Martin Outdoor, ll.C dba Insite Street Media for Bus Bench Advertising and Services. 124 MIAMI-DADE STATE O F FLORI DA COUN TY OF MIA MI-DADE: Before the unde r signed authority personally appeared GUILLERMO GARCIA , who on oath says thaI he or she Is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Dally Business Review f/kJa Miami Review, a dally (except Saturday , Sunday and Legal Holidays) newspaper , published al Miami in Miami -Dade County , Florida : that the attached copy of advertisement. be ing a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI -PUBLIC HEARINGS -FEB . 15, 2022 In tM XXXX Co urt. was published in said newspaper by print in the i ssues of and/or by publication on the newspaper's websi te , if authorized, on 02/0412022 Affiant further says that the newspaper compl ies with ell ~menlS for publication in chapler 50 , Florida ~~~d 4 day of FEBRUARY, A.D. 2022 GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBUC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVIO 19 pandem ic and, at the same time, to protect the health. safety and welfare of its citizens , officefs, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Aa. Stat. the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavlrus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMn until the state of emergency has ended or social distancing Is no longer required by any relevant Executive Orders, All Commission members will participate In Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (MQs:llzoom .uslV30566363381 and participate. At a minimum. at least Uvea members of the City Commlssioo will be physically present in the City Commisslon Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and !he public who may attend remotely from !he Commission Olambers and from other locations. The meeting is scheduled to begin on T"esd'!Y. February 15.2022 at 7:00 Pm. to consider the following public hearing Item{s): All Ordinance amending the City of South Miami Code of Ordinances. moving Section 15·99.1 • Controlled Parking Residential Zones from Chapter 15 -Noise to Chapter 15A-Parking Meters. renam ing Chapter 1SA from 'Par1<ing Meters" to 'PartJng", renumbering Section 15-99.1 -Controlled Parking Resid ential Zones \0 Section 1SA-1S Controlled Parking Residen tial Zones and amendIng the procedure for issuance of parking permits. An Ordinance granting a franchise agreement to Inslte Martin Outdoor, LLC dba Insite Street Media for Bus Bench Advertising and Services. ,'" MIami 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 Hall and at ttttp:/IwwlI{.southmlarnifhg2YLP_8_0lPubjLc-M§.etlngs-Notices. Anyone who wishes to review pending application, supporting documentaHon or who desire to have documents made available for viewing by everyone during the meeting must contact U1e CIty cr.il<bY calling :J(J5-66':j-6340. - Note that pursuant to ROOda Statutes 286.0105. a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter consldwed at its meeting Of 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. ADk. To request a modification to a policy, practice or procedure or to re- quest 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 mall at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth In 166.041(4) ••• A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ~. 214 22-12310000577849M 125 MIami 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 particlpate in the meeting and limited public attendance, atl of which Is set forth In the meeting notice posted al City Hall and at http~ww ..... ~outhruiamifl ,gQ.'dP~8_0/PuJ:ill.c..::~eJln s-Notices. Anyone who wishes to review pending application, supporting documentaUon or who desire to have documents made available for vi ewing by everyone during the meet.ng must contact !he CIty CliiRDYcalling 305-663:sMO. - Note that pursuant to Rorida Statutes 286 .0105, a person who dec ides to appeal any declston made by a Board, Agency or Commission with respect to any matter considered al its meeting Of 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 Includ ing the testimony and evidence upon whIch the appeal is to be based. ADA:. To request a modificatlon to a policy, pract ice or procedure or to re- quest an auxiliary aide or service in order to partlcipate 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-li63-6340. by mall at 6130 Sunset Drive , South Miami, Florida or email at npayneOsouthmlamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1 The min Imum standards for adopting a resolution or enacting an Q(dinance are set forth In 166.041(4) ••• A majority of the members of the governing body shall constitute a quorum . An affinnative vote of a maJority of a quorum present Is necessary to enact any ordinance or adopt any resolution .••• 214 22-123/0000577849M 18SE .........................................................................................................NEIGHBORS SUNDAY FEBRUARY 6 2022 126 . . = .. ", .. , ·A ... ~" .~ I.""." CITY OF SOUTH MIAMI. FLORIDA CITY COMMISSION NOTICE OF PUBUC HEARINGS In order to balance the nead for 1ha City of South Miami to function and conduct vital bU!llneu during !he COVID 19 pandemic and, at the uma dmll, to protect the hutth, safety and _Ifare of Ita CiliUM, officers, otnclala and admlnlatrallve staff, and PUl'\Sllant CIty of South Miami Code, Chapter 286.011, Ae. Stat, the CIty's Home Rule Powers, and City Manager's declaration of B alate of emergency due to the Coronavlrua, the CIty will be holding Its City Comml8llion Meeting live In chambers and VIRTUALLY through communications media 'llK:hnology (CMn until the state of emergency has ended or .odel distancing is no longer required by any relevant Executive Orders. All CommilSion members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may Join the meeting via Zoom at fht!ps:/lzoom,usJII30566363381 and participate. At a minimum, at laut three members 01 the City Commission will be physically preHnt In the City Commission Chambers1 and they will be broadcaal on the Zoom platform along with all other mambers of the Commlulon. City Staff and the public who may atland remotely from the Commission Chambers and from other Iocellone. The mHtlng la scheduled to begin on Tyudp &bDlery '5. 20U 1'1 7'go p.m to consider thelollowlng public neartng IlIIm(a): An Ordinance llmandlng the City of South Miami Code of Ordinances. mDlllng Section 15-99.1 -Controlled Parking Raaldendal Zones from Chapter 15 -Noise to Chllpler 1SA-Parking Meters, renaming Cnapter ISA from "Parking Metera" to "Perking", renumbering Section 15-99.1 -Controlled Parking Resklentlal Zones 10 Section ISA-18 Controlled Parking Residential Zones and amending the procedure for luuance of parking pennlts. An Ordinance grandng B franchise agreement 10 InsiIB Mertln Outdoor, LLC dba InaHe street Medle for Bus Bench Adverdslng and Services. H you desire to present evidence or you are unllble to use Zoom, there ere procedures to follow and other opilonslMlllable Including a dedicated phone line to listen and participate In the meeting and limited public attendance, all of which la aeI: forth In the meeting notice posl&d at City Hall and at hllo·lIwww.IoulhmiamiftgQlf16801l.ublic-Maaling .. NoIicas Anyone who wishes to review pending application. supporting documentation or who desire 10 have documents made available for viewing by everyone during the meeting mUll contact the City Clerk by calling 305-663-6340. Note that pursuent to Rortda Statutes 286.0105 •• peraon who decides to appeal any decision mede by II Board, Agency or Commission with IUpact to any matter considered at Its IT\IIIIIIng or haarlng. a racord of tha proClMldlngs will be required for said appeal and auch parson will be required to have II nrbadm transcript of the proCMdlnga Including the IHdmony and evidence upon which the appealla to be baaed. ADA:. To request a modHlcatlon to e policy, practice or procedure or to requesl an auxiliary aide or aervlce In order to participate In a CIty program. actMty or event. you must on or before 4:00 p.m. 3 buslnesa days before the meeting (not coundng the day of tile meedng) deliver your request to the City Clerk by telephone: 305-663-6340, by mall at 6130 Sunset Drive, South Miami, Rorlda or email at npaynefJsouthmiamill.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1The minimum standarda lor adopting II l'IIIIIolutlon or enacting an ordinance are HI forth In 166.041(4) .... A majority of the rnembara of tha gOlMmlng body altall conlJlltuta a quorum. An amnnatIYII vote of a majority of II quorum p~1 III nacllSllllry to enact any ordinance or adopl any resolution .... CITY OF MIAMI. FLORIDA NOTICE OF SPECIAL CITY COMMISSION MEETING Plnllllt to IllIdll 2-33PIIIIIII CI. 011111 CIJ I' .I.~ FIDrIllI. a ........ I 11111111 .111111 111111 IlInIlaty C ... 1uI11 wli ~I ~11d III ........ fI~1III1J 7. n22. ,111:00 LIL illhI Cit' C ... HI' ..... n 11111111 d Iilli aIy H"I. 3500 ... AnriaI. Or. Iilli. FL 33133. The pu!l!!lS& of Ihe special meeting will be to consider and take anyand all actions related 10 !he redistricting q! City Commissjon disldcl!l incruding but nollimHed to!he drafting of any related maps and boundaries. No business shall be conducted. Dr a vote taken at a Special City Commission Meeting on business other than tile subJect(s) for which the special meeting Is called. The February 7, 2022 Spal City Commission Meeting will be broadcast live for members of Ihe public 10 view on Ihe Cily's wubsile (www.miamigov.comJlv).Facebook.TwitlBr. YouTube. and Channel 77 (Comcast onlyfor residents living in the City of Miami). For your Information, public comment on the agenda hem(s) 10 be heard atthls special meffilng can be submitted via an online comment fonn and wiD be distributed 10 the Elected otnclals and City Administration and made part of tile public record. The deadllneto submn publlccommentvla the online comment form will occur when tile Chairperson closes public comment for the special meeting. Public comment on the agenda i1Bm(s) to be heard at this special meeting may also be providlllllive at City Hall. 3500 Pan American Driw. Miami, Florida, subject to any and all rules and procedures as the City may Implement or amend. Please be advised that COVID-19 salety measures have been Implemented for the health, safety, and welfare of the public that want to attend and participate and may be amended as necessary. Such measures Include reinstalling the plexlglass dMders on the dais, limned seadng Inside tile City Commission chambers, pnMdlng a tent and chairs for television streaming of the special meeting oulSide City Hall, providing a laplDp in the City Hall lobby that can be used for public comment, and requiring masks be worn while inside City Hall. Public commant will begin at approximately 11 :00 a.m. "Please visit M1p;{[JnglIlIMu'."""l'lgI!IC!I'H for detailed InstrucHons on how to provide public comment using the online public comment form. ** A copy of the agenda for the Special City Commission Meeting will be available at Mlp:lhlilriftj,.2.DIICiiZl!!ll!!I"14. Should any person desire 10 appeal any dedslon of the CIty Commission with respect to any matter to be considered at this special meeting, that person shall ensure that a verbatim record of the proceedings Is made including all testimony and evidence upon which any appeal may be based (ES. 286.0105). In accordance with the Americans with Disabilities Act of 1990. persons IIIIIIding special accommodations to participate in this proceeding may contact the otnce of the CIty Clerk at (305) 250-6361 (VoIce) no later than t\Wl (2) business day prior to the proceeding. TIY users may call via 711 (Florida Relay Service) no later than two (2) business day prior to tile proceeding. Ad No. 38482 Todd B. Hannon City Clerk CITY OF WEST MIAMI NOTICE OF PUBLIC HEARING The Planning and Zoning Board of the City of West Miami will hold a Public Hearing on Tuesday, February 22,2022, at 7:30 P.M. at the City of West Miami Commission Chambers, 2" Floor. located at 901 S.W. 62" Avenue. West Miami. Florida. to hear views of interested persons on the agenda listed below. Following the hearing. the Board will render a recommendation on the agenda item. and forward the recommendation to the City Commission on the item. On Wednesday, March16", 2022 at 7:30 P.M. the City of West Miami City Commission will hold a Public Hearing at the City of West Miami Commission Chambers, 2"' floor, 901 S.W. 62" Avenue, West Miami, Florida, to consider the recommendation of the Planning and Zoning Board on the agenda item (s) listed below. and to hear views of interested persons. The City Commission will then render a final decision on the application. public Hearing Agenda Item SUppp # 2021·005 474 Hunting Lodge Dr. Miami Springs. FL. 33166 property Addresses; 5920 SW 8 Street. 5930 SW 9 Street. West Miami. FL. 33144 Applicants request a 'Special Use Permit for Planned Development" for the property at 5920 SW 8 Street and 5930 SW 9 Street. West Miami. FL. 33144. The property at 5920 SW 8 Street totals 37408 square feet on the front irregular parcel and 15.626 square feet in the rear parcel. The total acreage for the "C" parcel is .86 acres and the total acreage of the "R5" Off-street Parking for Commercial parcel is 0.36 and the total acreage for the "R2" Duplex is 0.14 for a combine total of 1.364 acres. The parcels of land are within the "mixed use corridor. The applicant is requesting to build 8 stories building on the front parcel with an altached fivEHItory parking garage on the rear parcels with the parking on the 1" through 4 level. The building consists of 157 residential units with a total square footage of 175.574. Zoning Ordinance 282 Sec.2B. 4.23. 4.3. 4.32-4 Ord. 2014-01 NOTE: Information relative to this application is available for review by the public at the west Miami City Hall, 901 S.W. 62'" Avenue. West Miami. Rorida 33144 from 8:30 A.M. to 4:00 P.M .• Monday thru Friday. or telephone (305)-26&-1122. NOTE: All interested persons are advised that if a person decides to appeal any decision made by the City Commission or Planning and Zoning Board with respect to any matter considered at these hearings, such person will need a record of the proceedings, and that for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. SUNDAY FEBRUARY 20 2022 NEIGHBORS ...................................................................................................19SE 127 CITY OF SOUTH MIAMI. FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time. 10 proIBctthe health, safety and welfare of its citizens, officers, officials and administrative stall'. and pursuant City of South Miami CodB, Chapter 286.011. Ra. Stat, the Cily's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus. the City will be holding its City Commission Meetingliw in chambers and ViRTUALlY through communications media technology (GMT) until the state of emergency has ended or social distancing is no longer required by any relevant Exscutive Orders. All Commission members will participate in Chambers or by video confilrencinglhrough the Zoom platform and members of the public may join the mll&ting via Zoom at (https:l!zoom,usli/30568363381 and participate. At a minimum, at least three members of the City Commission will be physically pr89llnt in the City Commission Chambers1 and theywill be broadcast on the Zoom platform along with all other members of the Commission, City Sta:ff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled 10 begin on l'DIHP M.reb I _117:00 UL to consider the following public hearing item(s): A Resolution approving and authorizing the CIty Manager to execute a three-year collective bargaining agreement (Omcers and Sergeants) between the Florida Slate lodge, Fraternal Order of Police, Inc. (FOP) and the City of Sooth MiamI. An Ordinance granting a franchise agreement to InsHe Martin Outdoor, llC dba Insite Street Media for Bus Bench Advertising and Services. An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA tRied ''CODE OF ETHICS-, Section 8A5. titled -lobbyists; registration, reporting, fees, exemptions, expendRures, and penaHies. -to provide exceptions for design professionals serving on City Boards. An Ordinance amending the ChaplBr 20, Section 2().6.1 (C) of the City of Sooth Miami's land Development Code 10 provide exceptions forthe residency requirements and 10 r&Sem membership seats for design professionals. H)Vu 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, al of which Is set forth In the meeting notice posted at CIty Hall and at htlo:lIwww..!ioUlhmlamln.govl580/PubllpMeffitngs-Nottcos.An)Vne who wishes to review pending application, supporting documentation orwho desire to have documents made available forviewing byeveryone during the meeting must contact the City Clark by calling 305-663-6340. NoI8that pursuanllll Rorida Statutes 286.0105, a per!OII who dl!Jcicll!Js III appeal any decision made by I Board, Agency or Commission with respact III any matter coosldered at Its meetll'CI or hearll'Cl, I recortl of the proceedings wi be required for said appeal and SIIch person will be reqlEd to haw a verbatim transcript of tll& proctllldings in~ IhII tBstill1lll)' and BVidIInce ....... which the appeal is to bII basIKI. MJk. To request a mocIIIcatIon to a policy, PRCllce or ~ or to request an aLdaJy aide or service .-a artier to partlclpate.-a a aty program, activity or MIlt, you must on or blfDre 4:00 p.m. 3 business days blllDre IhII 0lIl_ (not counting the day afthlll1JllBti~) delivBr)'IU raquBStIll IhIIIl\y DIIIk by telephone: 3O~1I3-8340, bV IT&I at 6130 SUnllBl DrIve, South MIIl~ Florida or email atnp¥eOaouthmlamlli.gDII. 1 The minimum standards for adopting a resoIulon or enacU~ an onIlnance are XI Iorth.-a 166.041(4)"" A ~rIty of1he members oI1he governing body shall cooslilute I quol1lll. An allirmaliWlWlB of a majorityof a CJlORID prB!IIrt is nIICIISSIIryto enact anyordinance or adopt any rEI!1WIiDn. _. CITY OF MIAMI. FLORIDA Nu'g' A."", •• CIIC. FCRI a~ Cl,rk NOTICE OF SPECIAL CITY COMMISSION MEETING e"· ,~; ".' ~ Purwuant to IIlaml CIty Comm .... on Reeolutlon R-22-0070, .dopted on Febrllllry 7, 2022, •• pec .. 1 meeting of the Miami CiIJ Commiuion will'" h.ld on Friday-, FaliN.". 25, 2022" at 12:00 p.m. in thll City Commilillion ch.mb .... located at Mi.mi Cit,. Hall, asoo Pan Am.rican Dr, Miami, FL 33133. The purpose of the special meeting will be to oonsider and take any and all action' relate<! to the redi&!ricting of City Commission di!Slricts including but not limited to the drafting of anY related maps and bounderig No business shall be conducted, or a vote taken at a Special City Commillllion Meeting on buslnen other than the subJect(s) for which the spacial meeting 18 called. The February 25, 2022 Special City Commisaion Meeting will be broadcaet live for members of the public to view on the City's website (www.miamigov.comltv).Facebook.TwiHer. YouTube, and Channel 77 (Comcast only for residents living in the City of Miami). For your information, public comment on the agenda item(s) to be heard at this special meeting can be submilled via an online comment form and will be disb'ibuted to the Elected Officials and City Administration and made part of the public record. The deadline to submit public comment via the online comment form will occur when the Chairperson closes public comment for the special meeUng. Public comment on the agenda item(s) to be heard at this special meeting may also be providec:llive at City Hall, 3500 Pan American Drive, Miami, Florida, subiect to any and all rules and procedures as the City may implement or amend. Please be advised that COVlD-19 safety measures have been Implemented for the health, safety, and weHare of the public that want to aHend and partlclpata and may be amended u nec811118ry. Such measures Include reinstalling the plexlglus dMders on the dais, providing a tent and chairs lor lBIavIIIlon streaming of the special meeting outside City Hall, providing a laptop In the City Hall lobby that can be used for public comment, and requiring masks be worn while Inside City Hall. Public comment will begin III: approximately 12:00 p.m. -Please visit htlpl;tJwww ml,mlgov ggmlmMllngtnllrudlpDI for detailed InstrucUons on how to provide public comment using the online public comment form.- A copy of the agenda for the Special City Commission Meeting will be available at: htIp·Umt,mm tgm2.com/CIHZlnlf DeIIylt IIPX Should any person deaire to appeal any decision of the City Commission with reapect to any maHer to be considered at this special meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be build (F.S. 288.0105). In accordance with the Americans with Disabilitiea Act of 1990, persons needing special accommodations to participate in this proceeding may contac:t the Office of the City Clerk at (305) 250-5381 (Voice) no later than two (2) bueineaa day prior to the proceeding. TTY users may call via 711 (Florida Relay Service) no IaIIIr than two (2) busineas day prior to the proceeding. Ad No. 38487 Todd B. Hannon City Clerk .It Public Notice NOTICE IS GIVEN that Public Meetings for the development of the Fiscal Year 2022-23 Budget. including Taxes and Fees. are scheduled to be held on: • Tuesday, February 22, 2022, beginning at 6:00 PM • Thursday, February 24, 2022, beginning at 6:00 PM To discuss and solicit public input on proposed budget, tax rates and fee changes. On each of these meetings the Office of Management and Budget will make a presentation to discuss the development of FY 2022-23 Budget. These meetings will only be held virtually utilizing communications media technology. Interested parties may: (1) join a Zoom meeting to speak, or view the meeting by registering in advance of the meeting to avoid delays (lDDm registration will be available beginning February 15, 2022 at the following links) at: • for the meeting on Tuesday, February 22, 2022 hHps:llmiamidade.livelPublicMeetingFeb22 • for the meeting on Thursday. February 24. 2022 hHps:llmiamidade.livelPublicMeetingFeb24 (2) call in live by phone to speak or to listen to the meeting by registering in advance of the meeting to avoid delays by calling 305-375-5371 (3) view a live broadcast on Miami-Dade Television; (4) after the meeting. view an archived copy of the meeting at www.miamidade.gov/webcasling: or (5) if you are hearing impaired. you may join the meeting using Florida Relay Service by dialing 711 on your telephone. Closed captioning will be available for all meetings. All interested parties may appear and be heard at the time and place specified. Miami-Dade County provides equal access and equal opportunity in its programs, services and activities and does not discriminate on the basis of disability. If you have any questions or require additional information regarding the virtual meeting, please call the Office of Management and Budget at 305-375-5143. For material in alternate format, a sign language interpreter, Communication Access Real-time Translation (CART) services. and/or any accommodation to participate in any County-sponsored program or meeting. please call 305-375-5143 or send an e-mail to: charalambos.flevaris@ miamidade.gov at least five days in advance of the meeting. For legal ads online, go to hItp:Jnegalads.miamidade.gov MIAMI -DADE STAT E 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, Leg al Notices of the Miami Daily Business Review '11<1a Mia mi Review, a daily (except Saturday , Sunda y and Legal H oli days) newspaper, published al Miami in Miami -Dad e County , Florida ; th at the attached copy of adve rt isemen t, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARINGS -MAR . 1, 2022 in the XXXX Court, was published in said newspaper by p rint in the issues of and/or by publication on the newspaper's website , if authorized , on 0211812022 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50 , Florida Statutes . Swo 0 and su bscribe d before me this 16 day of FEBRUARY , A.D. 2022 (SEAL) GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In orde r to balance the need fo r the City of South Miam i to function and conduct vital bu si ness during the COVIO 19 pandemic and, at the same lime, to protect the heaJth, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.Q11, Fla. Stat, the City's Home Aule Powers, and City Manager's declaration of a state of emergency due 10 the Coronav iru s, the City will be holding its City Commission Meeting live in chambers and VIRTUAllY through communi cations media technology (CMl) un ti l the state of emergency ha s ended 01" social distancing is no longer requi red by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom al (n!1Qs:J/zoom .usli/3056S36338) and participate. AI a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 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 the Co mmission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. March 1, 2022 at 7:00 p.m. to consider the following public hearing Item(sl: A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining agreement (Officers and Sergeants) between the ROOda State Lodge, Fratemal Order of POlice, Inc. (FO P) and th e City of South MIamI. All Ordinance granting a franchIse agreement to Insite Martin Outdoor, LLC dba Insite Street Media for Bus Bench Advertising and Services. All Ordinance am ending the City of South Miami Code of Ordinances, Cha pter SA titled 'CODE OF ETHICS', Sectio n SA-5. titled "lobbyists; registration , reporting, fees, eKemptioos, eKpeodit ures. and penalties.' to provide exceptIons for design professionals serving on City Boards. All Ordinance amending the Chapte r 20, Section 20-6.1 {Cl of the City of South Miami's Land Development Code to provide exceptions for the residency requ irements and to reserve membership seats for design professionals. 128 MIAMI-DADE 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 Bus iness Rev iew Uk/a MIami Review, a daily (except Sat urday , Sunday and l egal Holidays) newspaper, published al Miami in Miami-Dade County , Florida ; thai the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MI AMI-PUBLIC HEARINGS -MAR . 1, 2022 In the XXXX Court, was published in said newspaper by print in the issues of andlor by publication on the newspaper's website , If authorized , on 0211812 022 Affiant further says th ai the newspaper complies with all legal requirements for publ ication in chapte r 50 , Florida Statutes . Swo 0 and su bscribe d before me this 18 day of FEBRUARY. A .D . 2022 (S EAL) GUILLERMO GARCIA personalty known to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOnCE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vita l business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of Its citizens, officers, officials and admin istrative staff. and pursuant City of South Miami Code, Chapter 286.01 1, Fla . Stat, the City's Home Aule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding Its City Commi ssio n Meeting live In chambers and VIRTUAllY through co mmuni cations media technology (CMT) un ti l the state of emergency has ended or social distancing Is no longer requi red by any relevant Executive Orders. All Commission members will participate In Chambers or by video conferencing through the Zoom platform and members of the public may ;oin the meeting via Zoom al (bttps:llzoom .u s/ll3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platfonn along with all other members of the Commission, City Staff and the publ ic who may attend remotely from the Commission Chambers and from other locatfons . The meeting is scheduled to begin on Tuesday. March 1. 2022 at 7:00 p.m. to consider the following public hearing Item(s}: A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining agreement (Officers and Sergeants) between the Rorida State Lodge , Fraternal Order of Police, In c. (FOP) and th e City of South Miami. An Ordinance granting a franchise agreement to Insite Martin Outdoor, LlC dba Insite Street Media for Bus Bench Advertising and Services. An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA titled 'CODE OF ETHICS', Section SA·5. titled 'lobbyists; registration. reporting. fees, exemptions, expenditures., and penalties.' to provide exceptions for design professionals serving on City Boards. An Ordina nce amending the Chapte r 20, Section 20-6.1(C) of the City of South Miami's Land Development Code to provide exceptions for the residency requirements and to reserve membership seats for design professionals. • , cif-y of SOlr/tl M i am { If you de sire 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 !!!m:!/ww_W......§Q!.It/J.miruDif!.gov/S80/Public-Meetings-Notices Anyone who wishes to review pending application, supporting documentation or who desire to have documents made availa bl e for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Aorida 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 poli cy, practice or procedure or te 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 npayneOsouthmiamifl.gov. 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ••• A majority of the members of the governing body shall constitute a quorum. AIl affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution ..... 2/18 Nkenga A. Payne, CMC, FCRM Ci1y Cieri< 22-127/OOO0580299M 129 • , cify of $OLr/tl tJI i arYJ { 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 partie/pate In the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www,souttlmilmit!..,gov/560/Publlc-Meetings-Noticrui. Anyone who wishes to review pending application, supporting documeotation 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 Aorida StaMas 286.0105, a person who decides 10 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 evklence upon which the appeal is to be based. ADA; To request a modification to a policy, practice or proced ure or te request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or befo re 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerl< by telephone: 305-663-6340, by mall at 6130 Sunset Drive, South Miami, Aorida or email at npayne@southmiamifl.gov. 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ••• A maiority of the members of the governing body shall constitute a quorum . All affirmative vote of a majority of a quorum present Is necessary to enac t any ordinance or adopt any resolution ..... 2118 Nkenga A Payne, CMC, FCRM City Cieri< 22-12710000580299M