For the Development of the
Miami Beach Convention Center District
RFQ # 22-11/12
REQUEST FOR QUALIFICATIONS (RFQ) NO. 22-11/12
For the Development of the Miami Beach Convention Center District
The City is engaging in a multi-phased process to identify the development partner for this project. The City of Miami Beach (City) is conducting a Request for Qualifications in Phase I, seeking development and design qualifications from Master Developers for the development of the 52-acre Miami Beach Convention Center District (the District). The project area is wholly owned by the City, and is envisioned to include the following components: convention center expansion/renovation; convention center multi-purpose space/ballroom addition; convention center meeting space addition; convention center headquarter hotel; outdoor public spaces; parking; restaurants; entertainment; retail and other commercial uses that are economically viable; and residential.
The City desires the District to be master planned and developed holistically, maximizing the value of the land, economic and community benefits, and job growth. The site is currently zoned for over 6.2 million square feet of FAR, which includes existing structures built on the site. Following an evaluation of the responses to the RFQ, the City will proceed to Phase II of the process whereby the City will enter into negotiations with the selected short-listed Proposers, with the assistance of the City’s Consultant (Strategic Advisory Group), to arrive at an agreement on letters of Intent (LOIs) and Master Plans. Based on the review of the negotiated LOIs and the Master Plans, the City Manager will recommend to the City Commission the Proposer or Proposers that he deems to be in the best interest of the City for approval.
Sealed Qualifications1 will be received until 3:00 p.m. on March 23, 2012, at the following
address:
City of Miami Beach
Procurement Division - Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139
ANY RESPONSE RECEIVED AFTER 3:00 P.M. ON MARCH 23, 2012, WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING QUALIFICATIONS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE.
A Pre-Qualifications Submission Conference is scheduled for February 27, 2012, at 2:00 p.m.
1 For purposes of this RFQ, respondents to the RFQ may also be referred to herein as “Proposers”, and
at the following address:
Miami Beach Convention Center 1901 Convention Center Drive Room D229/230
Miami Beach, FL 33139
Attendance (in person or via telephone) to this Pre-Qualifications Submission Meeting is
encouraged and recommended as a source of information, but is not mandatory.
Proposers who are interested in participating via telephone please send an e-mail to guslopez@miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting and must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: #8982915#
The City also utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have Internet access, please call the BidNet support group at 800-677-1997 ext # 214.
The City also provides bid information online at http://web.miamibeachfl.gov/procurement. PROPOSERS ARE HEREBY ADVISED THAT THIS RFQ IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=38686.
CONE OF SILENCE – ORDINANCE NO. 2002-3378;
DEBARMENT PROCEEDINGS – ORDINANCE NO. 2000-3234;
PROTEST PROCEDURES – ORDINANCE NO. 2002-3344;
LOBBYIST REGISTRATION AND DISCLOSURE OF FEES – ORDINANCE NO. 2002-3363; AND
CAMPAIGN CONTRIBUTIONS BY VENDORS – ORDINANCE NO. 2003-3389.
LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS – ORDINANCE NO. 2011-3747.
PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES – ORDINANCE NO. 2011-3748.
CODE OF BUSINESS ETHICS – RESOLUTION NO. 2000-23879;
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY QUALIFICATIONS DEEMED TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI BEACH, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY QUALIFICATIONS, OR REJECT ANY AND ALL QUALIFICATIONS.
Sincerely,
Gus Lopez, CPPO Procurement Director
REQUEST FOR QUALIFICATIONS (RFQ) No. 22-11/12
FOR THE DEVELOPMENT OF THE MIAMI BEACH CONVENTION CENTER DISTRICT ____________________________________________________________________________
NOTICE TO PROSPECTIVE PROPOSERS ELECTING NOT TO SUBMIT QUALIFICATIONS
NO PROPOSAL
If not submitting your qualifications at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_ Not responding due to workload issues
Not responding due to minimum qualifications requirements Not responding due to scope of services
Not responding due to project’s size and/or complexity OTHER. (Please specify)
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________
We do do not want to be retained on your mailing list for future proposals for the type or product and/or service.
Signature: ____________________ Title____________________
Company: ____________________
Note: Failure to respond, either by submitting your qualifications or this completed form, may result in your company being removed from the City's bid list.
TABLE OF CONTENTS
Page
I. BACKGROUND AND CITY OBJECTIVES
A. Convention Center 7
B. Development Project Site 8
C. Existing Site Conditions 8 D. The Opportunity 10
Miami Beach Convention Center District Map 11
E. Neighborhood Connectivity 12
F. Significant Design 12
G. Referendum 13
H. RFQ Schedule 13
II. EVALUATION AND SELECTION PROCESS / NEGOTIATIONS A. Phase I (The Evaluation and Selection Process) 15
B. Phase II (The Negotiations Process) 16
III. DESIRED DEVELOPMENT TEAM MEMBERS AND SUBMITTALS A. Desired Submittal Team Members 19
B. Qualifications Proposal Documents 19
C. Qualification Submission 22
D. Pre-Qualifications Submission Conference 23
E. Contact Person 23
IV. MINIMUM SCOPE OF SERVICES OF SELECTED PROPOSER A. Minimum Program Requirement 24
B. Master Plan 25
C. Public Asset Development Management 25
D. Public Asset Design 27
E. Development and Financing 28
VI. SUBMITTAL DOCUMENTS TO BE COMPLETED AND RETURNED 34 TO CITY WITH PROPOSAL SUBMISSION
Insurance Checklist Proposer Information
Acknowledgment of Addenda Declaration
Sworn Statement/Section 287.133(3)(a), Florida Statutes - Public Entity Crimes Questionnaire
Acknowledgment Letter Disclosure and Disclaimer
VII. PAST PERFORMANCE SURVEY 47
VIII. EXHIBITS
EXHIBIT A – MBCC Level One, Two, and Three 49
EXHIBIT B – MBCC Rooms 51
EXHIBIT C – MBCC Room Areas 54
EXHIBIT D – MBCC Calendar 55
EXHIBIT E – MBCC Operating Revenues and Expenses 68
EXHIBIT F – Preliminary Convention Center Improvement Plan 69
EXHIBIT G – MBCC Generated Room Nights 71
SECTION I – BACKGROUND AND CITY OBJECTIVES
A. Convention Center
Originally built in 1957, the Miami Beach Convention Center (MBCC) encompassed 108,000 square feet. In 1968, an additional 130,500 square feet of exhibit space was added, with additional support facilities subsequently constructed in 1974. In 1986, as the demand for exhibition space increased, the facility underwent a $92 million renovation and doubled in size to its current footprint of approximately 1.2 million square feet. The expanded Convention Center opened in 1989. At that time, a master plan was also developed for the Convention Center Complex area,
which included potential future expansion. Since that time, the facility has received over $50 million in continuing upgrades, including complete renovations of all restrooms, full carpet replacement, and installation of a state-of-the-art telecommunications and networking infrastructure.
The 790-room Loews Hotel and the 425-room Royal Palm Hotel, both of which received public financing, opened in 1998 and 2003, respectively, to improve the MBCC’s ability to accommodate events with significant out-of-town attendance. Today, the MBCC program of space includes approximately 503,000 square feet of exhibit space, and 127,600 square feet of meeting space. The MBCC also has two ballrooms; however they are not considered large enough to meet typical demand.
Since the 1989 MBCC renovation, significant changes have taken place in the convention and tradeshow industry. The number of events, attendance, and space needs have generally increased on an annual basis, industry-wide, with periods of stagnation during recessionary times. The economic impact of the convention and tradeshow has also increased over time. Many cities have responded to this industry growth by increasing the size of their convention centers, and by adding amenities such as increased meeting space, general session space, various technological amenities, and related features, in an effort to address industry trends. Changes in how a competitive hotel package and entertainment environment is viewed by event planners have also led to significant development in areas adjacent to convention centers in major markets throughout the country. Large headquarter hotels have been developed in many major markets, and efforts to create a walkable restaurant/retail environment surrounding convention centers have also been undertaken.
The primary objectives of this RFQ contemplate improvements to the MBCC and redevelopment of its surrounding area that are supported by market demand, and are necessary to facilitate the ability of the MBCC to attract high impact conventions, meetings, and tradeshows in an increasingly competitive environment.
A report commissioned at the City’s request by the Greater Miami Convention and Visitors Bureau (GMCVB), and prepared by Convention Sports & Leisure (CSL), determined that the MBCC should continue to serve as the region’s convention center, given its geographic draw, and that no new facility should be planned elsewhere in Miami-Dade County. The report further determined that improvements to the MBCC should be made to increase its marketability and attract high-end conventions. A copy of the report is available at
http://www.miamibeachfl.gov/news/scroll.aspx?id=58484
.B. Development of Project Site
In an effort to identify funding sources for the necessary MBCC improvements, the City Commission will consider broader development opportunities in the area surrounding the MBCC, with the goal of creating economic development, maximizing private sector participation, and ensuring the best development program for the MBCC improvements and the adjacent areas; all making up what the City envisions to be a ‘Miami Beach Convention Center District” (the MBCC District or the District).
The District site includes a total of 52 acres of City-owned properties adjacent to Lincoln Road, in the heart of Miami Beach. The development area includes the MBCC facility, surface parking lots, Miami Beach City Hall and other related City office buildings, a parking garage, and The Fillmore Miami Beach at the Jackie Gleason Theater. (See Miami Beach Convention Center District Map, p. 11)
The City envisions a new vibrant mixed-use district filled with year-round activities.
The expansion and renovation of the MBCC will need to be phased to accommodate certain key conventions and shows.
C. Existing Site Conditions
1. Ownership – The City owns the entire project site.
2. Miami Beach Convention Center – The MBCC is a significant economic generator for the City and the region. The MBCC offers approximately 502,000 square feet of exhibition space, and 126,000 square feet of meeting space.
See Exhibit A for the facility floor plans
See Exhibit B for existing meeting room specifications
See Exhibit C for a summary of the facility gross square feet.
The MBCC hosts approximately 145 events annually, including internationally recognized events such as Art Basel Miami Beach and the Miami International Boat Show. It also hosts rotating conventions, meetings, and a number of annual trade shows.
See Exhibit D for the facility event calendar.
Financially, the MBCC generated approximately $14.6 million annually, and had approximately $15.5 million in operating expenses in FY 2011. The City subsidizes any deficit with Convention Development Tax revenues received annually from Miami-Dade County. The City is open to discussing alternative models that could reduce or eliminate future operating deficits through the development of the project.
3. The Fillmore Miami Beach at the Jackie Gleason Theater – The 2,700 seat theater provides a performance venue for touring acts and is currently operated through a management agreement with Live Nation, with an initial term that expires in 2017. The facility is not designated historic, and the site can be redeveloped into other uses. If redeveloped, a performance or entertainment venue, in some manner, is desired as part of the overall proposed development.
4. Parking Garage – The City operates the 1,450-space 17th Street Garage. In FY 2010, garage revenues totaled $3.7 million, with operating expenses of just under $1.2 million. The garage generated a profit of over $2.5 million. The 17th Street Garage site can be redeveloped into another use provided that the 1,450 parking spaces are rebuilt elsewhere in the overall proposed development.
See Exhibit F for a summary of garage revenues and expenses.
5. Surface Lots - The 1,040 surface parking spaces on the two surface lots in the development site generated over $1.3 million in revenues in FY 2010. Any surface parking spaces lost due to development must be replaced within the overall proposed development.
6. City Offices – If buildings with City offices are redeveloped into another use, any such office space must be accommodated elsewhere within the site.
a. 1700 Convention Center Drive is home to the 110,400 square foot Miami Beach City Hall.
b. 1701 Meridian Street – 34,570 square feet of office space. c. 555 17th Street – 12,690 square feet of office space.
7. Carl Fisher Club House – This building on the northeast corner of the site is on the National Historic Registry and must be preserved.
8. 21st Street Community Center – 25,000 square feet of office and community center space. This site can be redeveloped.
9. Internal Roads - Convention Center Drive and 18th Street can be closed and redeveloped. A Master Developer can propose a new street grid as part of its proposed master development.
10. Zoning – The site is zoned CCC, providing 2.75 FAR within a 100 foot height limitation. The City is open to discussions regarding increasing the height limitation for a proposed development, with the specific desire of minimizing the massing of the development and maximizing public open space.
11. Additional background information on the Miami Beach community can be found at: http://www.miamibeachconvention.com/
http://www.miamibeachfl.gov/visitors/
http://www.miamiandbeaches.com/visitors/SouthBeachMap.pdf http://www.miamibeachchamber.com/
The Opportunity
The City desires for the District to be master planned and developed holistically, maximizing the value of the land, economic and community benefits, and job growth.
The City is seeking development and design qualifications from Master Developers interested in submitting a proposal for the development of the 52-acre Miami Beach Convention Center District. (See Miami Beach Convention Center District Map, p. 11) The site is currently zoned for approximately
6.2 million square feet of developable FAR, which includes existing structures currently built on the site. The project is envisioned to include, but is not limited to:
• MBCC Facility
Expansion/Renovation, including functional upgrades
• New Convention Center Multi-Purpose Ballroom
• Convention Center Headquarter Hotel
• Meeting Space • Outdoor Public Space • Parking
• LEED, Sustainable Development • Entertainment
• Restaurants
• Retail and other economically viable commercial uses
• Residential
The final selected Proposer(s) will be responsible for the following:
1. Creating and submitting a master plan for the site that is financially feasible, includes iconic design elements, maximizes the value of the land, and provides economic
(including job growth) and community benefits to the City.
2. Managing the renovation and expansion of the MBCC and any other public components (such as parking, City offices, and outdoor public spaces).
3. Developing and financing any private components planned for the site, including a Convention Center hotel.
4. Working with the City to develop a plan to finance the proposed expansion, renovation and upgrade of the MBCC, including the identification of non-public financing sources. 5. Leasing the land utilized for any private development.
D. Neighborhood Connectivity
The proposed development is expected to transform the MBCC District into a dynamic neighborhood, extending the vibrancy of Lincoln Road, and improving the connectivity between Lincoln Road and the nearby Collins Park Cultural District, which is home to the Bass Museum, Miami City Ballet, and the Miami Beach Public Library. A walkable district with significant public green space and other outdoor public spaces is envisioned, with street improvements, including pavement surfaces, sidewalk treatment, landscaping, and lighting, to further reinforce the District’s identity.
Lincoln Road Collins Park
Cultural District
E. Significant Design
The City is home to many iconic structures and buildings designed by world-renowned architects. The City is interested in continuing this legacy of iconic design and modern architecture. It is expected the eventual design of the improvements will further the City’s design standards.
1111 Lincoln Rd Garage and Retail Development New World Symphony Garage Designed by Herzog and De Meuron Designed by Frank Gehry
Purdy Avenue Garage New World Symphony Designed by Architectonica Designed by Frank Gehry
F. Referendum
PROPOSERS ARE HEREBY ADVISED THAT ANY SUBMITTED PROPOSALS, WHICH CONTEMPLATE THE USE OF ANY OR ALL OF THE CITY-OWNED PROPERTIES REFERENCED IN THIS RFQ WILL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1.03(b)(2) OF THE MIAMI BEACH CITY CHARTER, WHICH REQUIRES THAT ANY SALE, EXCHANGE, CONVEYANCE OR LEASE OF TEN (10) YEARS OR LONGER OF SUCH PROPERTIES BY THE CITY SHALL ALSO REQUIRE APPROVAL BY A MAJORITY VOTE OF RESIDENTS IN A CITY-WIDE REFERENDUM.
G. RFQ Schedule
The anticipated schedule for this RFQ and contract approval is as follows:
Phase I (The Evaluation/Selection Process)
Pre-qualification submission conference February 27, 2012 Deadline for receipt of questions March 16, 2012 Deadline for receipt of Qualifications March 23, 2012
Evaluation Committee review April 2012
City Manager review and recommendation of shortlisted May 9, 2012 Proposer(s)
City Commission review and selection of shortlisted Proposer(s) May 9, 2012
[NOTE #1: This marks the conclusion of the RFQ selection process for purposes of terminating the City’s Cone of Silence requirements]
[NOTE #2: Any protests filed pursuant to the City’s
Bid Protest Ordinance [Section 2-371 of the City Code] must be filed, and shall only be considered during Phase I of the RFQ selection process.]
Phase II (The Negotiations Process)
LOI Negotiations with selected shortlisted Proposer(s) May – August 2012 and preparation of proposals
City Manager recommendation(s) of LOI’s to the City September 12, 2012 Commission
SECTION II – EVALUATION AND SELECTION PROCESS / NEGOTIATIONS
The procedure for response, evaluation, selection of shortlisted Proposers, and negotiations with selected Proposers will be as follows:
A. PHASE I (The Evaluation and Selection Process)
1. City Commission approval of RFQ issuance. 2. RFQ Issued.
3. A Pre-Qualifications Submission Meeting with Proposers will be conducted. 4. Qualifications received and reviewed for responsiveness.
5. An Evaluation Committee, appointed by the City Manager, shall meet to short list the responsive Proposers in accordance with the Evaluation Criteria below.
6. The Evaluation Committee will recommend to the City Manager the shortlisted Proposers, using the following Evaluation Criteria:
Evaluation Criteria Total
Points
Proposer’s relevant experience, qualifications, capabilities, financial strength, and past performance with similar development projects
30
Proposer’s key personnel experience and qualifications (i.e., Principals and Project Executives or Managers)
20
Design Services Professionals key personnel experience and qualifications. (i.e., Master Planner, Convention Center Design Architect, Hotel Design Architect etc.)
20
Proposer’s approach to financing 30
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City’s Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City’s Veterans Preference Ordinance.
7. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the Mayor and Commission the Proposal or Proposals acceptance of which the City Manager deems to be in the best interest of the City.
8. The City Commission shall consider the City Manager’s recommendation(s) as it deems appropriate and may: approve the City Manager’s recommendation(s); make its own recommendation(s); reject all Proposals; or may prescribe such other action, as it deems necessary and in the best interest of the City.
9. Following the City Commission approval and selection of the shortlisted Proposer(s), Phase II of the selection process will commence to include negotiations between the
selected Proposer(s) and the City Administration to arrive at a Letter(s) of Intent (LOI or LOI’s) and/or contract(s).
[NOTE #1: The City Commission’s approval and selection of the shortlisted Proposer(s) marks the conclusion of Phase I of the RFQ process, and terminates the City’s Cone of Silence requirements]
[NOTE #2: In order to be considered timely, any protests filed pursuant to the City’s Bid Protest Ordinance, as codified in section 2-371 of the City Code, must be filed and shall only be considered, during Phase I of the RFQ selection process.]
B. PHASE II (The Negotiations Process)
Following City Commission selection of the short-listed Proposers, the short-listed Proposers will be required to prepare a detailed proposal for the MBCC District. The detailed proposal will include a Master Plan for the site and negotiation with the City (assisted by its consultant, Strategic Advisory Group) of the terms of a Letter of Intent (LOI). The Proposal and LOI negotiations will include, without limitation, the following, all as more specifically set forth in this Section B: project renderings; a breakdown of proposed uses and square footages of each use, including public open spaces; renovation and expansion plan for the convention center facility; proposal for the convention center hotel; a phasing and absorption plan; the financing plan; any request for public assistance; a summary of projected new City revenues to be generated by the proposed development; and any other additional information outlined in the RFQ document.
Proposers shall be solely responsible for any or all costs associated with negotiations of the LOI and the development of the Master Plan.
1. Master Plan - The Master Developer must submit a Master Plan for the entire District. 2. Community meeting after City Commission selection of short-listed Proposers –
Development teams are encouraged to seek input from the community to create a project that is sensitive to local issues. Short-listed teams will be invited to a public community workshop facilitated by the City or its consultant, Strategic Advisory Group, that will allow the community to provide input into the site planning. Development teams are encouraged to have additional meetings with the community while they are creating their Master Plan and developing their transaction terms.
3. Proposal Preparation – Short-listed development teams are required to prepare a proposal for the master development of the MBCC District. The proposal must include the following:
a. Project Program – Include all uses with proposed specific use types and square footages for each type of use.
b. Drawings – Master Plan diagrams and renderings communicating the vision for the site.
c. Project Financing – Describe how the proposed development project will be financed. Include equity contribution and source of equity, and any public participation requested.
d. Preliminary traffic plan – Describe preliminary approach to handling the traffic that will be generated by the development project.
e. Project Schedule – Describe the general proposed development schedule and any phasing plan.
f. City Benefits – Describe what economic and community benefits the City will receive as a result of the proposed development project. Proposers shall estimate all projected economic impacts of their proposal, including projected new property taxes, tax increment and land lease payments. Proposers also shall estimate the impacts of their proposal on the Miami Beach tourism economy against baseline criteria, including proposed incremental resort tax and food and beverage tax generated through the proposed development, projected over a five-year period once the project is operational. Include detailed analyses of project development costs, revenue and operating expenses that support the estimated economic impact, including lease payments, new tax increment, resort taxes, food and beverage taxes, and other projected new revenue, as well as additional costs to the City based on the submitted proposal (eg. financing expenses to the City.)
4. Negotiations between the selected short-listed Proposers and the City, with the assistance of the City’s Consultant (Strategic Advisory Group), to arrive at an agreement on Letters of Intent (LOI’s). The Master Developer must submit a Master Plan for the entire District.
The LOI will address:
a. Diagrams and renderings communicating the vision for the site. b. A square foot program for each component.
c. A phasing plan and project absorption schedule.
d. Development cash flows (revenues, expense, capital, etc.) for each component, with a summary of significant assumptions, demonstrating financial viability.
e. Terms for leasing land for private development.
f. Plan for raising capital and known funding commitments.
g. Summary of City revenues generated by the private components of the project over time, including property taxes, hotel taxes and sales taxes.
h. Scope of services and fee for management of the renovation and expansion of the MBCC and any other public assets requested to be developed.
i. Scope of services and fee for design of the renovation and expansion of the MBCC and any other public assets requested to be developed.
k. A room-block commitment acknowledging that the primary purpose of the hotel is to support the convention center and the specific terms under which the hotel will provide room blocks and room rates in a manner that enables the convention center to maximize its economic impact on the community.
l. A plan to involve the community in the refinement of the vision. Proposers will have an opportunity to participate in a community workshop arranged by the City and facilitated by a third party. Proposers are encouraged to hold additional subsequent community meetings if they deem it helpful in the preparation of their master plan. m. An analysis of the economic impact of the proposed master plan, with documentation
supporting how the estimated economic impact was derived.
n. The Master Plans and negotiated LOI’s will be presented to the City Commission. 5. Based on the review of the negotiated LOI’s and the Master Plans, the City Manager will
recommend to the City Commission the Proposer or Proposers that he deems in the best interest of the City for approval.
6. The City Commission shall consider the City Manager’s recommendation(s), as it deems appropriate and may: approve the Manager’s recommendation(s); reject all LOI’s; or prescribe such other actions, as it deems necessary and in the best interest of the City. 7. If the City Commission so directs, the Administration shall proceed to negotiate a Term
Sheet (or Term Sheets) with the Proposer (or Proposers), based upon substantive terms of the Proposer’s (or Proposers’) LOI (or LOI’s).
8. The final negotiated Term Sheet (or Term Sheets) shall be presented to the City Commission for approval.
9 If and when a Term Sheet (or Term Sheets) is (are) approved by the City Commission, then the City and the selected Proposer (or Proposers) shall proceed to negotiate the required final documents and agreements for the project, based upon the substantive terms of the negotiated Term Sheet (or Term Sheets).
10. Any and all final project agreements shall be presented to the City Commission for approval.
Important Note:
By submitting a response, all Proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties.
SECTION III – DESIRED DEVELOPMENT TEAM MEMBERS AND SUBMITTALS
A.
Desired Development Team Members
1. Master Developers – Master Developers (or Master Development Teams) can submit for the entireproposed 52-acre master development site.
2. Design Professionals – Master Developers (or Master Development Teams) must include key design professional(s). At a minimum, the design professionals on the Master Development Team should include a Lead Architect, a Master Planner, a Convention Center Design Architect, and a Hotel Design Architect. Design Professionals may not submit alone, and must submit as part of a Master Development Team.
3. Construction Firms - Construction firms may not submit alone and must submit as part of a Master Development Team. Construction firm team members for any privately financed components may be included, but are not required, and can be added as privately financed components are developed.
4. Hotel Brands – Hotel brands should not be part of any response unless they are also submitting as a Master Developer or investor. It is desired that the selected Proposer(s) be able to negotiate with all viable hotel brands/operators and select a partner that is in the best interest of the City.
B.
Qualifications Documents (Phase I)
Submittals must contain the following qualification documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City’s Procurement Director, or the
Proposal may be deemed non-responsive.
1. Table of Contents
Outline in sequential order the major areas of the submittal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents.
2. Executive Summary
Summarize your submittal in two (2) to three (3) pages, outlining why your team is
best qualified to meet the objectives of the City, as set forth in the RFQ.
3. Team Organization
Outline the organization of your team, companies involved, key personnel and a summary of respective roles and responsibilities. Also indicate contact information for the primary individuals leading this process, and those authorized to bind the Proposer with respect to this RFQ.
4. Master Developer Information and Experience
a. Company information – Provide background information on the Proposer(s) (including all Proposal team members), including company history, years in business, number of employees, and any other information communicating capabilities.
b. Financial Capabilities - Provide a description of the general financial capability of the Proposer. (Including all development team members)
c. Relevant Experience - Summarize at least five (5) projects of comparable size and scope where the Proposer has provided services similar to those described in this RFQ. Include:
1. Project name, location and images
2. Design Professional(s) team name(s) and roles
3. Year project completed (or “In Design” or “Under Construction”) 4. Short description of services provided
5. Identification of the individuals that worked on the project, and who will work on this project
6. Reference contact information 7. Project development cost
8. Summary of project capital funding and your role in raising the capital 9. Description of any public/private partnerships
5. Design Professionals Information and Experience
a. Company information – Provide background information on the designer(s), including company history, years in business, number of employees, and any other information communicating capabilities and experience.
b. Relevant Experience - Summarize at least five(5) of projects of comparable size and scope where the design professional(s) have provided services similar to those described in this RFQ. Include:
1. Project name and location and images 2. Design professional team name(s) and roles
3. Year project completed (or “In Design” or “Under Construction”) 4. Short description of services provided
5. Identification of the individuals that worked on the project, and who will work on this project
6. Reference contact information 7. Project development cost
6. References
Provide other references not listed above that the City or its authorized representatives can contact. Please include public entities if possible.
7. Approach to Project Financing
Summarize (in no more than five (5) pages) the Proposer’s broad approach to financing the private components of the project. Include a summary of the Proposer’s role in the capitalization of the project, relationships with capital sources, and the Proposer’s commitment to provide all or a portion of the financing. Provide proposed financing mechanism for any public components of the project including any public-private partnership structure. Note that the City seeks to maximize private investment and minimize public investment in the overall proposed development.
8. Approach to Development of Master Development Plan
Provide a summary (of no more than five (5) pages) of how your team will approach the preliminary development of the plan outlined in the RFQ Schedule should your team be short-listed to submit a Master Plan in Phase II of the RFQ. Include how you propose to work with the City during this time, how you will work with the community, how you will phase the MBCC expansion/renovation to accommodate certain conventions and shows, your deliverables, the length of time you will require, and any requirements necessary for your team, if short-listed, to provide the required Master Plan.
9. Other Information
Provide any other relevant information to demonstrate capabilities and experience.
10. Performance Evaluation Letter and Survey attached herein on pages and request that your clients submit the completed survey to Gus Lopez, Procurement Director at (Fax) 786-394-4007 or guslopez@miamibeachfl.gov. Please understand that the City will not accept any surveys provided directly by the Proposer. Surveys will only be accepted from a Proposer’s previous client. Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data.
11. Acknowledgment of Addenda Form
12. Acknowledgment Letter and Disclosure and Disclaimer 13. Any other document required by this RFQ
C.
Qualifications Submission
An original and ten (10) copies, plus one (1) CD, of the Proposers’ qualifications will be received until 3:00 p.m. on March 23, 2012, at the following address:
City Hall
Procurement Division – Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139
In addition, a PDF version (in one file) shall be emailed or electronically transferred to tom@strategicadvisorygroup.net.
The original and all copies, must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposers’ name, address, telephone number, RFQ number and title, and due date. No facsimile or e-mail Responses will be considered.
THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE.
ANY QUALIFICATIONS RECEIVED AFTER 3:00 P.M. ON MARCH 23, 2012 WILL BE
RETURNED TO THE PROPOSER UNOPENED. QUALIFICATIONS RECEIVED AFTER THE
D.
Pre-Qualifications Submission Conference
A pre-qualifications submission conference is scheduled for February 27, 2012, at 2:00 p.m. at the following address:
Miami Beach Convention Center 1901 Convention Center Drive Room D229/230
A walk-through of the Convention Center will be provided at that time. Attendance (in person) is encouraged and recommended as a source of information but is not mandatory.
E.
Contact Person
The contact person for this RFQ is Gus Lopez, Procurement Director, who may be reached by phone at: 305.673.7490; fax at: 786-394-4007; or e-mail at: guslopez@miamibeachfl.gov. The City’s Procurement Director is authorized by the City’s Cone of Silence Ordinance to have oral communications with prospective Proposers relative to matters of process or procedures only. Requests for additional information or requests for clarifications must be made in writing
to the Procurement Director with a copy to: robertparcher@miamibeachfl.gov and tom @strategicadvisorygroup.net (fax: 678-584-0706). Written inquiries or questions may be sent via fax or e-mail.
The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFQ.
Proposers should not rely on representations, statements, or explanations (whether verbal or written) other than those made in this RFQ or in any written addendum to this RFQ.
Proposers are advised that oral communications between the Proposers or their representatives and the Mayor or City Commissioners and their respective staff; or members of the City’s administrative staff to include the City Manager and his staff; the City’s Consultant (Strategic Advisory Group); or evaluation committee members is prohibited.
SECTION IV – Minimum Scope of Services to Be Involved In Letter(s) of Interest (LOI) with Selected Proposer(s)
Following the City Commission authorization to execute a Letter(s) of Interest (LOI) with the selected Proposer(s), the selected Proposer(s) will at a minimum, be responsible for including and addressing the following Scope of Services.
A) Minimum Program Requirements
1) Convention Center Improvements – The MBCC is to be renovated and upgraded to “Class A” standards in a manner that best meets the needs of the target market. In general, the renovation is to include all exhibit, meeting rooms, pre-function and support spaces such as loading docks, kitchens, bathrooms, systems, and exterior areas. In addition, the MBCC is to be expanded to accommodate the ballroom and meeting space needs of the Citywide convention clients. The specific scope of the renovation and expansion will be finalized with the City after the developer team is selected.
See Exhibit G for a preliminary summary of the minimum required improvements. 2) Hotel – The site must be master planned to accommodate at least 800
convention-quality hotel rooms. The City will seek developer input regarding the phasing of these rooms into the project. The site can be master planned for additional hotel rooms, including those at a different price point, such as select service hotels.
3) Parking – The site must accommodate/replace the 2,490 public parking spaces currently on the site in the garage and in the surface lots, and provide for any additional parking required by any proposed commercial or residential development.
4) Outdoor Exhibition/Event Space – The MBCC hosts certain events that utilize outdoor exhibit/event areas; on occasion these are tented for temporary exhibition/event space. If possible, it is desired to maintain some form of outdoor area that can be used for temporary exhibits and/or events.
5) Public Places - The master plan must include iconic public spaces consistent with the nature of the surrounding area and Miami Beach as a whole. Pursuant to Chapter 82, Article VII of the City Code and Section 2-11.15 of the County Code, funding equal to one and one-half percent (1 ½ %) of the construction cost should be included for public art. 6) Commercial and Residential – The development plan can include, but is not limited to,
retail, entertainment, restaurants, or other commercial uses that are economically viable, or residential.
7) City Benefits – Describe what economic and community benefits the City will receive as a result of the proposed development project. Proposers shall estimate all projected economic impacts of their proposal, including projected new property taxes, tax increment and land lease payments. Proposers also shall estimate the impacts of their proposal on the Miami Beach tourism economy against baseline criteria, including proposed incremental resort tax and food and beverage tax generated through the proposed development, projected over a five-year period once the project is operational. Include detailed analyses of project development costs, revenue and operating expenses that support the estimated economic impact, including lease payments, new tax increment, resort taxes, food and beverage taxes, and other projected new revenue, as well as additional costs to the City based on the submitted proposal (eg. financing
B) Master Plan
The selected Proposer(s) shall finalize the Master Plan of the overall site, taking into account both the public and private development program elements.
C) Public Asset Development Management
The following minimum scope of services will be required of the selected Proposer related to the management of the renovation and expansion of the MBCC, and the development of any other public asset.
Pre-construction Phase
1) Coordination – Coordinate the overall project and its team members, including, among others, the design professionals team, cost estimator, traffic engineer, legal team, and contractor/construction manager.
2) Schedule – Create and maintain an overall project schedule outlining the critical path, milestones and key decision points for each process. The schedule will include the various major activities to be undertaken and the approximate timing of the commencement and completion of such major activities, as well as the specific tasks and responsible party. Revise and submit the project schedule throughout the duration of this project to reflect the status of the schedule and recommend strategies for effective and efficient coordination and execution.
3) Procurement Plan – Outline, for City approval, the plan for procuring each team member (other than those included in the original RFQ submittal) that will be required. The plan will address timing, process (RFQ, RFP, etc.), selection criteria, minority/small business goals, procurement law requirements, and approach to selection. The creation of the plan will include dialog with the City as to the advantages and disadvantages of the various options and how each might work best.
4) Procurement Coordination – Upon acceptance of the procurement plan, coordinate the procurement process in conjunction with the City. This will include drafting RFQs and/or RFPs, identifying potential firms, scheduling and hosting the appropriate pre-proposal meetings, marketing the RFQ/RFP among potential candidates, reviewing submittals, presenting summaries to the selection committee, scheduling and hosting presentations, and facilitating the selection process.
5) Consultant Contracts – Review and advise the City on each consultant’s scope of services, fees and consulting agreements, including direct negotiations with the consultants and administration of the consultant agreements on behalf of the City. 6) Entitlements – Direct and manage the applicable team members to ascertain whether
there are any significant zoning, building code or other governmental compliance issues and coordinate on behalf of the City all matters related to City, County, State, Federal and other agencies having jurisdiction with respect to obtaining necessary approvals and permits to facilitate the approval, permitting and construction of the project
7) Environmental Review – Coordinate and cause the applicable team member to obtain soils reports, environmental reports, traffic studies and other reports and studies required.
8) Design Oversight – Oversee the services of the design team in order to cause the preparation of preliminary site plans, surveys, topographical surveys, conceptual design, schematic design, design development and construction drawings. Schedule and conduct design meetings to discuss the design procedures, decision making, progress and scheduling.
9) Establish the Budget – The design professionals team will be directed to work toward a budget while achieving the overall master development vision and client acceptance. Modification may be required if the design team cannot achieve this objective.
10) Cost Estimating – Oversee the services of the cost estimator in order to cause the preparation of ongoing hard cost estimates at conceptual design, schematic design, design development and construction drawing stages. Augment the hard cost estimates to include relevant soft costs including design, project management, testing, FF&E, systems, escalation, and contingencies.
11) Value Engineering – Provide value engineering services, identifying alternative cost reduction options for consideration.
12) Contractor Bidding and Selection – Work with the City to outline the construction delivery options that best meet the needs of the City and project. Coordinate and assist as necessary with the implementation of the chosen approach.
13) Data Warehouse – Establish and maintain a wed-based data warehouse to accumulate all documentation that can be shared by the team.
14) Accounting – Prepare for City’s approval procedures for the review and processing of applications for consultant payments, review applications for payment, and make recommendations concerning payment.
15) Presentations – Participate and assist in the preparation of materials for meetings of the City Commission and staff, the Convention Center Advisory Board, and any other boards, agencies, committees, and/or other groups and/or organizations as required by the City.
16) Monthly Reporting – Prepare monthly reports regarding the status of the project that incorporate design status, procurement activities, schedule, budget, approval status, and any other pertinent data point.
17) Meetings – Attend and manage project meetings, including meetings with the City, design team and their consultants; the finance team; the legal team; any other group required.
Construction Phase
1) Permitting – Coordinate the services of the contractor/construction manager, project architect and other professionals in order to enable the contractor/CM to obtain permits and government approvals that are required in connection with the construction of the project.
2) Schedule – Direct the contractor or construction manager (and others, where appropriate) to prepare and update a critical path schedule for completion of the project. In the event of delays impacting the critical path schedule, make recommendations for corrective action by Contractor.
3) Application of Payments – Prepare for City’s approval procedures for the review and processing of applications for payment by the contractor, review applications for payment by contractor and make recommendations concerning payment.
4) Construction meetings – Schedule and conduct meetings to discuss construction procedures, progress and scheduling with the contractor and the project architect. Direct the contractor and/or project architect to prepare minutes of such meetings and promptly distribute such meeting minutes to the City and the meeting attendees.
5) Change Orders – Coordinate the processing of change orders and negotiate, for final approval and execution by City, all change orders with the contractor. The project cost budget and/or project schedule, as applicable, will be revised to reflect approved change orders and then delivered to City.
6) Shop Drawings and Submittals – Coordinate the project architect's review and approval of shop drawings, product data and other submittals by contractor. Coordinate the delivery by contractor to the City of the guaranties, warranties, releases, affidavits, bonds, manuals, insurance certificates and other items required by the project construction contract.
7) Punch List – Coordinate with the project architect to determine the date of substantial completion. At substantial completion by the contractor, monitor the project architect in its inspection of the project and preparation of a detailed "punch list" specifying any items which require completion, installation or repair.
8) Project Start Up – With the project architect, monitor and observe the testing and start-up of all utilities, systems and equipment.
9) Data Warehouse – Establish and maintain a wed-based data warehouse to accumulate all documentation that can be shared by the team.
10) Presentations – Participate and assist in the preparation of materials for meetings of the City Commission and staff, Convention Center Advisory Board and any other groups required.
11) Monthly Reporting – Prepare monthly reports regarding the status of the project that incorporate design status, procurement activities, schedule, budget, approval status, and any other pertinent data point.
12) Meetings – Attend and manage project meetings, including meetings with the City, design team and their consultants; the finance team; the legal team; any other group required.
D) Public Asset Design
The Proposer will be responsible for negotiating a contract, subject to City approval, to engage the design professional(s) team to provide all necessary design and consulting services for the public components of the project, including without limitation, architecture, landscape architecture, structural engineering, mechanical engineering, electrical
engineering, civil engineering, acoustical engineering, lighting design, graphics and identifying devices, food service design, vertical transportation engineering, life safety, fire protection, audio/video communications and security systems consistent with existing systems, curtain wall and roof systems, demolition of existing structures or portions thereof. Construction services for any public asset developed shall be procured by the Proposer, once selected, in a competitive bidding process that maximizes the benefit to the City, while minimizing the costs.
E) Development and Financing
The Proposer will be responsible for developing and financing the hotel, retail, entertainment, residential and any other commercial component(s). In addition, the City is interested in P3-type financing related to the public components that minimizes or eliminates the City’s need to use its bonding capacity or other public funds.
SECTION V – LEGAL TERMS AND CONDITIONS /INSURANCE
A. MODIFICATION/WITHDRAWALS OF SUBMITTALS
A Proposer may submit a modified response to replace all or any portion of a previously submitted response up until the RFQ due date and time. Modifications received after the RFQ due date and time will not be considered.
Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ due date, or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date, and letters of withdrawal received after contract award will not be considered.
B. RFQ POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ or in any responses received as a result of this RFQ.
C. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer(s), and shall not be subject to reimbursement by the City. Further, in the event of short-listing of Proposals, short-listed Proposers shall be solely responsible for any and all costs associated with negotiations of the LOI, development of the Master Plan, and any other expenses related to Phase II negotiations.
D. EXCEPTIONS TO RFQ
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions and alternatives are rejected, the City may require the Proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City.
E. FLORIDA PUBLIC RECORDS LAW
Proposer s are hereby notified that all information submitted as part of a response to this RFQ will be available for public inspection after opening of responses, in compliance with Florida Public Records Law including, without limitation, Chapter 119, Florida Statues.
F. PROTEST PROCEDURES (PHASE I ONLY)
Proposers that are not selected, during Phase I of the RFQ only, may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager’s recommendation. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred.
G. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the scope of services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the Proposer will in no way relieve it from responsibility for compliance.
H. DEFAULT
Failure or refusal of a Proposer(s) to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer(s) from the City’s vendor list.
I. CONFLICT OF INTEREST
All Proposers must disclose in their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer or any of its affiliates.
J. PROPOSER ’S RESPONSIBILITY
Before submitting responses, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the Proposer.
K. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer be legally considered to be an independent Proposer and that neither the Proposer nor the Proposer’s employees and agents shall, under any circumstances, be considered employees or agents of the City.
L. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Proposer, supplier, sub-Developer, or Developer under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list.
M. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Qualifications, in the event of such non-compliance.
N. ASSIGNMENT
The successful Proposer shall not enter into any sub contract, retain Developers, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful Proposer.
O. INDEMNIFICATION
The successful Proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful Proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful Proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals.
P. INSURANCE
Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments.
Any exceptions to these requirements must be approved by the City’s Risk Management Department.
FAILURETOPROCUREINSURANCE:
The successful Proposer’s failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement.
Q. CONE OF SILENCE (PHASE I ONLY)
Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby
advised
that the Cone of Silence requirements listed herein shall apply during Phase I of the RFQ process.R. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City’s Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid.
S. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
It is of utmost importance that you familiarize yourself and adhere to the requirements set forth in the City’s Vendor Prohibited Campaign Contributions Ordinance No. 2003-3389 (the “Ordinance”). FAILURE TO ADHERE COULD RESULT IN YOUR DISQUALIFICATION FROM TRANSACTING BUSINESS WITH THE CITY FOR A PERIOD OF TIME.
The Ordinance was adopted to ensure that no person who is a vendor of the City of Miami Beach, gives a campaign contribution directly, or through a member of the person’s immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of Mayor or Commissioner. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. The definitions of “vendor” and “controlling financial interest” are as follows:
“Vendor” means a person and/or entity, which has been selected by the City as the successful bidder on a present or pending bid for goods, equipment or services, or has been approved by the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order or standing order. “Controlling Financial Interest” means the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. “Firm” means a corporation, partnership, business trust or any legal entity other than a natural person.
T. CODE OF BUSINESS ETHICS
Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code.
U. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Public Works Department, at 305-673-7631.
V. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties.
