HomeMy WebLinkAboutSpecificationshO SV NNY /S(�S 7
CITY OF SUNNY ISLES BEACH, FLORIDA
17070 Collins Avenue, Suite 250
A.
" Sunny Isles Beach, Florida 33160
. 0F =O (305) 947 -0606 Phone (305) 949 -3113 Fax
Wednesday, June 27, 2001
Clarifications to Request for Proposals for Codification Services
Bid No. 01 -06 -01
• All adopted ordinances are available in electronic form, with the first one -half in Corel
Word Perfect 8.0, and the second -half in Microsoft Word.
• Not all ordinances will be codified: Please note that some ordinances were adopted
initially as emergency ordinances and later readopted; some are budget ordinances, and
there are many amendments, and a few repealing ordinances. As an attachment to this
E -mail, please find a listing of adopted ordinances by title, with page totals of only 837,
not 1,400 pages. The "1,400 pages" referenced in the RFP was a rough, over - estimate of
the total page count of all adopted ordinances, and not an estimate of the size of the
Code Book. At the July 19, 2001 City Commission meeting, ten (10) ordinances may be
adopted (which is not our normal amount).
• Timeframe for Codification: Within a reasonably prompt, mutually agreeable timeframe
based upon the proposers recommendations.
• Land Development Regulations (LDR's) have not been adopted. LDR's will probably
not be adopted until perhaps late November, 2001. No proposer assistance is needed to
draft the LDR's.
• The adopted Comprehensive Plan will not be included in the Code Book, other than by
reference.
• Legal Review of existing ordinances: The City prefers to have the legal review process
take place prior to publication of the Code.
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E -mail Attachment
SJNNY IS�J`
�° e9 CITY OF SUNNY ISLES BEACH, FLORIDA
n
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
', FLOp�P SE
T. of SuN PN° (305) 947 -0606 Phone (305) 949 -3113 Fax
REQUEST FOR PROPOSALS
FOR CODIFICATION SERVICES — BID NO. 01 -06 -01
1. Purpose. The purpose of this Request for Proposals is to solicit proposals for the
provision of codification services.
1.1 Procedure. Submit three (3) sets of the complete proposal by the closing date and
time.
1.2. No reimbursement will be made by the City of Sunny Isles Beach for any costs
incurred in appropriation of the proposal or any presentation(s).
1.3. Property of City. All bids and accompanying documentation received from
bidders in response to this Request for Proposals shall become the property of the
City and will not be returned to the bidders. In the event of contract award, all
documentation and work product produced as part of the contract shall become
the exclusive property of the City. This subsection is applicable to Requests for
Proposals and Requests for Letters of Interest documents, which also become
property of the City.
1.4. By submission of a response hereunder, the respondee becomes responsible to
comply with the terms and conditions of the Purchasing Procedures Ordinance of
the City as may be amended from time to time. To the extent of any conflict, the
terms of this document control.
2. Background. The City of Sunny Isles Beach is estimated to have 15,000 residents. The
City of Sunny Isles Beach is located between the Atlantic Ocean and the Intracoastal
Waterway on the East and West, and 193 d Street on the North and Haulover Beach Park
on the South. Our City standards stress a high quality of redevelopment with a focus on
creating visual corridors to the ocean, with access to the ocean as well as redevelopment
of Sunny Isles Boulevard and Collins Avenue with a focus on protecting the
environment, providing landscaping and developing aesthetically attractive structures.
The City of Sunny Isles Beach has adopted by Ordinance No. 2000 -105 a
Comprehensive Plan emphasizing aesthetic issues, and the City is in the process of
developing our land development regulations.
2.1 The City is seeking codification services for the 120 (approximate) ordinances
adopted (since the City's incorporation on June 16, 1997), those currently
proposed and those that may be adopted in the future.
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3. Qualifications. In order to qualify for consideration, the codifier shall have at least 10
years of experience in municipal codification and code supplementation, and shall exhibit
proof of competence by providing specific references from at least 5 municipalities
wherein similar projects have been completed. In addition to the specific references, the
codifier shall provide a complete listing of all client municipalities for whom the codifier
provides codification services.
3.1 The codifier shall also submit to the city all data relative to the size, experience
and stability of the firm and its ability to complete the project as specified by the
City in this Request for Proposals.
3.2 The codifier shall include notice to the City as to whether any municipality for
which the proposer had been selected as its codifier, has served notice of
cancellation of codification services within the past 18 months, and provide an
explanation relative to this issue.
4. Proposal.
4.1 Instructions. Sealed Proposals will be received until and publicly opened at 11:00
a.m., Tuesday, July 10, 2001, in the Commission Chambers, 17070 Collins
Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. The envelope must be
clearly marked:
"SEALED BID"
CODIFICATION SERVICES
TUESDAY, July 10, 2001, 11:00 A.M.
BID NO. 01 -06 -01
No proposals will be received later than 11:00 a.m., Tuesday, July 10, 2001.
4.2 Scope of Services. The City of Sunny Isles Beach is requesting proposals for the
codification of all current and proposed ordinances. All current and proposed
ordinances consist of approximately 1,400 pages in a 8 1/2 x 11 inch, single -
column format. Listed below are the various required components for the basic
codification project. The codifier shall clearly describe in its response a
recommended process for achieving these components, including timelines for
each.
(a) The codification process shall ensure that all Code - relevant ordinances
adopted as of the awarding of this contract be incorporated into the new Code.
(b) The codifier shall recommend an organizational and numbering system
including, but not limited to, cross - referencing, historical notes, and
superceding and /or repealing ordinances to be used for the new Code;
however, the City shall have final approval of the organizational and
numbering system for the Code.
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(c) Also to be included as part of the basic project is the preparation and
publication of a comprehensive, very detailed Code and Chapter Index. The
codifier shall provide an example of such a typical Index as part of its
response.
(d) The codifier shall also provide for a complete legal review of the current and
subsequent ordinances, identifying any conflicts or inconsistencies within the
city's legislation or between the city's legislation and applicable state statutes.
In addition, the codifier shall make recommendations on new subject matter
for ordinances or modernization of existing ordinances, based on experience
with other municipalities. The codifier shall provide an example of the format
of such report of similar findings as part of its response.
(e) Timeframe for codification
(f) Twenty -five (25) copies of the new Code volumes shall be published for the
City. The new Code volumes will be in an 8 1/2 x 11 inch single - column
page format, housed in heavy -duty post binders, imprinted with the name on
the spine and the name and the Seal of the City on the front. The codifier
shall indicate the color choices available for the binders. The codifier shall
provide a sample Code from another municipality to illustrate the type of
binders and page format to be used, including but not limited to, specifications
as to paper weight.
(g) Sale of additional copies of the City's Code shall be handled directly through
and by the successful bidder.
4.3 Additional Products and Services. The codifier shall provide proposals for each
of the following options, including a complete description of the services and
procedures involved and applicable separate costs.
(a) Computer Options including the Code on CD -ROM programmed or fully
compatible for Microsoft Word; and for unlimited users within the City staff,
together with the City's use of the Code to post on its website. Please specify
whether this can be done directly from your office.
(b) Pamphlets (City to insert number of pamphlets and identification of chapters
desired.)
(c) Other ( Codifier to provide information on any additional options available to
the City.)
(d) Indexing of Minutes
4.4 On -going Code Maintenance. After publication of the new Code volumes, it is
important that they be kept up -to -date by regular supplementation. The codifier
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shall describe the procedures to be followed for maintaining the Code in the
future. Included in the codifier's description, at a minimum, shall be:
(a) A description of what material is typically included in supplementation
(b) Procedures to be followed to process supplementation
(c) Scheduling of supplementation
(d) Turnaround time for supplements
(e) Description of packaging of supplements for delivery
(t) Cost of supplementation
4.5 Describe work in phases.
4.6 Cancellation of Invitations for Bids. An invitation for proposals, or other
solicitation may be cancelled, or any or all bids may be rejected in whole, or in
part, as may be specified in the solicitation is within the City's sole discretion.
The reasons therefore shall be made part of the contract file. Notice of
cancellation shall be sent to all businesses solicited. The City shall give any
respondee the opportunity to compete on any re- solicitation or any future
procurement of similar items.
4.7 Correction or Withdrawal of Bids; Cancellation of Awards. In general, bids shall
be unconditionally accepted without alteration or correction, except as authorized
by City Ordinance. However, correction or withdrawal of inadvertently erroneous
bids before or after bid opening, or cancellation of awards or contracts based on
such bid mistakes, may be permitted, where appropriate. Mistakes discovered
before bid opening may be modified, or the bid may be withdrawn by written or
telegraphic notice received in the office designated in the invitation for bids prior
to time set for bid opening. After bid opening, no changes in bid prices or other
provisions of bids, prejudicial to the interest of the City, or fair competition, shall
be permitted. In lieu of bid correction, a low bidder alleging a material mistake of
fact may be permitted to withdraw its bid ii
L) The mistake is clearly evident on the face of the bid document
but the intended correct bid is not similarly evident; or
(2) The qualifier submits evidence, which clearly and convincingly
demonstrates that a mistake was made. All decisions to permit the
correction or withdrawal of proposal, or to cancel awards or
contracts based on bid mistakes, shall be supported by a written
determination made by the City's Finance Director.
(3) Notwithstanding the foregoing, the City Commission shall have
the authority to waive any and all irregularities in any and all
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proposals, or in the alternative, reject any proposal.
5. Critical Issues. Describe any particular critical issues relating to timeliness or emphasis
on particular problem areas, etc.
6. Evaluation. Firms submitting proposals must meet the minimum qualifications and
will be evaluated using the following criteria. The criteria are not listed in order of
importance and additional criteria may be used. The City Manager's Selection
Committee will have the final say on the evaluation criteria and will make the final
selection in the best interests of the City.
• Ability of professional personnel (including the capacity, ability and 20 points
skill of the provider to perform the contract; the reputation, judgment,
experience and efficiency of the provider);
• Relevant Experience and Past Performance (including professional 40 points
licensure required when service of a skilled nature as required by law
to perform such service and /or skill and the quality of performance of
previous contracts);
• Fee proposal
40 points
The City will review all proposals and rate each according to the above criteria. The City
will take pricing into consideration in making its selection, but the City is not obligated
to contract with the lowest priced proposer if the lowest priced proposer is not deemed to
be the lowest priced most responsible and responsive firm submitting a proposal.
7. Peformance. The respondee, upon award of any contract shall ensure that all items
supplied and /or work performed, comply with federal, state and local laws rules and
regulations as well as the terms of the contract.
8. Process.
8.1 Non - award. The City reserves the right in its sole and absolute discretion to reject
any and all proposers, to cancel and/or withdraw this REP at any time.
8.2 Responsible, Responsive Bidder. The City reserves the right to award any
contract to any respondee which it deems to offer the best overall service and be
the most responsible responsive bidder; thereby the City is not bound to award
any contract based solely on the lowest quoted price and no contract is created
until it is signed with the approval of the City Commission. The City, in its sole
and absolute discretion, also reserves the right to negotiate separately with
competing firms as it deems to be in the best interest of the City and as permitted
by law.
8.3 Negotiation. In the event the lowest, most responsive and responsible qualifier
for a project exceeds available funds, and the City Commission does not make
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available additional funds, the City Manager is authorized, when time or
economic considerations preclude re- solicitation of qualifiers, to negotiate an
adjustment of the qualifying price as long as the scope of work is not changed
with the lowest, most responsive and responsible qualifier, in order to bring the
qualification within the amount of available funds. Final negotiation shall be in
written form, as approved by the City Manager and the City Attorney.
8.4 One Response. If only one responsive proposer for commodity or contractual
service is received, in response to an Invitation for Proposal, an award may be
made to the single Proposer, if the City Manager finds the price submitted is fair
and reasonable, and that other prospective proposers had reasonable opportunity
to respond, or there is not adequate time for re- solicitation. Further, the City
Manager reserves the right, if it is in the best interests of the City, to negotiate
with the sole Qualifier for the best terms, conditions and price. The City Manager
shall document the reasons that such action is in the best interest of the City.
Otherwise, the qualification may be rejected and:
1. New proposers may be solicited;
2. The sole proposer may be rejected.
3. If the City Manager determines in writing that the need for the supply or
service continues, but that the price of the one qualifier is unreasonable and
there is not time for re- solicitation or re- solicitation would likely be futile, the
procurement may then be conducted under Section 6(D) or Section 6(F), of
Ordinance 2001 -101, as appropriate.
9. Taxes. The Respondee is responsible for paying any and all taxes associated with the
agreement.
10. Termination of Agreement. If the respondee fails to perform the conditions of the
agreement as specified and as interpreted by the Manager, the Manager shall provide
written notice of such violation.
10.1 The City reserves the right to terminate the agreement, without cause, with a 30-
day calendar written notice unless otherwise provided in the contract.
10.2 Termination and cancellation of any agreement will not relieve the respondee for
the work, which was to be completed prior to the termination or cancellation of
the agreement.
10.3 If the agreement is terminated for cause, respondee will be removed from the
City's vendor list.
10.4 The City Commission shall have the right to terminate the agreement in the event
the respondee files any petition or proceeding for bankruptcy relief or is
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adjudicated to be bankrupt or insolvent or fails to pay just debts as they ordinarily
become due.
10.5 This agreement may not be terminated by the rspondee unless otherwise
provided in the contract.
11. Hold Harmless.
11.1 The City, its agents, employees and officials, both elected and appointed shall be
held harmless against all claims for bodily injury, sickness, disease, death or
personal injury or damage to property or loss of use resulting therefrom arising
out of performance of the agreement or contract, unless such claims are a result of
the City's sole negligence, as determined by the final arbiter of such claim.
11.2 The City, its agents, employees and official, both elected and appointed shall also
be held harmless against all claims for financial loss with respect to the provision
of or failure to provide professional or other services resulting in professional,
malpractice, or errors and omissions liability arising out of performance of the
agreement or contract, unless such claims are a result of the City's sole
negligence, as determined by the final arbiter of such claim.
12. Payment on Behalf of the City.
12.1 Respondee agrees to pay on behalf of the City, and to pay the cost of the City's
legal defense, as may be selected by the City, for all claims described in the Hold
Harmless paragraph 13 above, up through and including, all appellate levels.
12.2 Such payment on behalf of the City shall be, in addition to any and all other legal
remedies available to the City, and shall not be considered to be the City's
exclusive remedy.
13. Cone of Silence.
You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence" in
accordance with Miami Dade County Ordinance Nos 98 -106 and 99 -1. From the time of
advertising until the City Manager issues his recommendation, there is a prohibition on
communication with the City's professional staff. This ordinance does not apply to oral
communications at pre -did conferences, oral presentations before evaluation committees
contract discussions made to City Commission during any duly noticed public meeting,
contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid
by any City Commission, or communication in writing at any time with any City
employee, official, or member of the City Commission unless specifically prohibited. A
copy of all written communications must be filed with the City Clerk. Violation of these
provisions by any particular bidder or proposor shall not be considered for any REP,
RFO, RFLI, or bid for a contract for the provision of goods or services for a period of
one year.
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Any questions or clarifications concerning this Request for Proposal shall be submitted
in writing by mail or facsimile to Christopher J. Russo, City Manager, 17070 Collins
Avenue, Suite 250, Sunny Isles Beach, Florida 33160, (305) 947 -0606 Phone, (305)
949 -3113 Fax. The bids title /number shall be referenced on all correspondence. All
questions must be received no later than fifteen (15) calendar days prior to the scheduled
bid opening date. All responses to questions /clarifications will be sent to all prospective
bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED
VERBALLY OR AFTER THE DEADLINE.
The City of Sunny Isles Beach reserves the right to accept any proposal or bid deemed to
be in the best interest of the City of Sunny Isles Beach, or waive any informality in any
proposal or bid. The City of Sunny Isles Beach may reject any and all proposals or bids.
16. Public Entity Crimes.
Section 287.133, Florida Statues, provides that a person or affiliate, as defined in that
Section, who has been placed on the convicted vendor list following the conviction for a
public entity crime 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 any contract for
construction or repair of a public building or a public work, may not submit bids on
leases of real property to a public entity, may not be awarded to 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 of the
amount provided in Section 287.017 for CATEGORY TWO ($25,000) for a period of 36
months from the date of being placed on the convicted vendor list. Any such person or
affiliate convicted of a public entity crime shall provide written notice of such
conviction.
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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
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is -_
(IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:
1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the
United States, including, but not limited to, any bid 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.
1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. 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 come. 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 another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(l)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid 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 any entity.
Signature
Date
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NON - COLLUSIVE AFFIDAVIT
State of )
)ss
County of )
deposes and says that:
being first duly sworn,
(1) He /she is the(Owner, Partner, Officer, Representative or Agent) of the
Bidder that has submitted the attached Bid;
(2) He /she is fully informed respecting the preparation and contents of the
attached Bid and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said bidder 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 Bidder, firm, or person to submit a collusive or sham Bid in
connection with the Work for which the attached Bid has been submitted;
or to refrain from bidding in connection with such Work; or have in any
manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Bidder, firm, or person to fix the
price or prices in the attached Bid or of any other Bidder, or to fix any
overhead, profit, or cost elements of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against the City of Sunny Isles Beach,
or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are
not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Bidder or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
Sworn to and subscribed before me this day of , 2001, by
who is personally known to me or has provided
as identification.
Notary Seal:
Notary Signature
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