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HomeMy WebLinkAboutR-98-0505J-98-559 5/15/98 RESOLUTION NO. 9 8 — 5 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM AND SUBJECT TO REVIEW BY THE CITY ATTORNEY, TO SOLICIT PROPOSALS FOR THE PROVISION OF HUMAN DIVERSITY TRAINING FOR THE DEPARTMENT OF POLICE, AND TO PRESENT THE MOST ADVANTAGEOUS PROPOSAL TO THE CITY COMMISSION FOR APPROVAL. WHEREAS, it is necessary for the Police Department to provide a sixteen (16) hour Human Diversity Training Course for all its law enforcement officers; and WHEREAS, this Training Course consists of eight hours of Professionalism and Ethics and eight hours of Interdependent Relationships; and WHEREAS, this training is a State -mandated requirement for re -certification of law enforcement officers and failure to provide this training will cause de -certification of its officers; and WHEREAS, the City Manager and the Chief of Police recommend that the Request for Proposals ("RFP") process be implemented to obtain Consulting Services for Human Diversity Training; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTACHMENT (S) OONTAINED clipblec=G OF, CO�SSIO1� MAY 2 6 IM Resolutim NO. 98- 505 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to issue a Request for Proposals ("RFP"), in substantially the attached form and subject to review by the City Attorney, to solicit proposals for the provision of Human Diversity Training for the Department of Police, and to present the most advantageous proposal to the city commission for approval. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of May , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indlcate approvci of this legislation by signing it in the designated place provided, said legislation becomes effective with the elapse of ten (10) days rom the date of Comm' n action regarding same, without the Mayor exert' ' a o. ATTEST: - ��3 Wa r J. man, City Clerk WALTER J. FOEMAN CITY CLERK PREPARED AND REVIEWED BY: illyZ")m ANv 11 W2578:CSK:ORS 2$- 5U3 City of Miami Request for Proposal RFP Purchasing Department Judy S. Carter, Director Miami Riverside Center 444 SW 2"d Avenue, 6'h Floor Miami, Florida 33130 Web Site Address: htty://ci.miami.fl.us/ Proposal Data RFP Number: 97-98-056 Commodity Code: 918-65 Commodity Title: HUMAN DIVERSITY TRAINING Type of Purchase: Two (2) Year Contract with OTR for One (1) Additional Year M/WBE Set -Aside: N/A Sr. Buyer: Pamela Burns Buyer Phone: 305-416-1905 Fax: 305-416-1925 E-Mail Address: purchase@ci.miami.fl.us Issue Date: Pre -Proposal Submission Conference: N / A Proposal Submission Deadline Day/Date: Time: Location/Mail Address: Office of the City Clerk City Hall 3500 Pan American Drive Miami, Florida 33133-5504 5)) Directions: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US] NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. RFP Content Sections 1.0 Introduction 2.0 Specifications/Scope of Work describing what is needed 3.0 General Terms and Conditions that are general in scope 4.0 Contractual Terms and Conditions related to Proposed Contract 5.0 Instructions and Evaluation Process for this RFP 6.0 Response forms and Check List to be completed, signed and submitted with Proposal Sealed written Proposals must be received by the City of Miami, City Clerk's Office, no later than the date, time and at the location indicated above for the Proposal Submission. Submittal of Response by fax is not acceptable. Seven 7 co its of your proposal and response forms must be returned to the City or your proposal may be disqualified. NOTE: This RFP does not constitute an order for the goods or services specified. The number of copies requested in this RFP together with completed Response Forms must be returned. 98- 505 PUBLIC NOTICE Sealed Proposals will be received by the City of Miami City Clerk at his office located at City Hall, 3500 Pan American Drive, Miami, Fla. 33133 for the following: RFP No. 97-98-056: The City of Miami ("City") is seeking proposals from a qualified Consultant to provide a sixteen (16) hour state -mandated Human Diversity Training Course for approximately 1300 Miami law enforcement officers commencing October, 1998. SUBMISSION DATE: , 1998 at a.m. This Request for Proposal (RFP) is available upon request at the City of Miami, Purchasing Department, 444 S.W. 2 Avenue, Sixth Floor, Miami, Florida 33130. The telephone number is (305) 416-1904 or (305) 416-1900. Page 1 98- 505 C itt.of Miami, Florida Human Diversity Training RFP 97-98-056 1.0. INTRODUCTION FOR REQUEST FOR PROPOSALS 1.1. Invitation Thank you for your interest in this Request for Proposal ("RFP") process. The City of Miami, through its Purchasing Department, invites responses which offer to provide state -mandated Human Diversity Training for Miami law enforcement officers and described in greater detail in Section 2.0: Specifications / Scope of Work. 1.2. Term Of Contract The successful Proposer shall be required to execute a contract with the City, which shall include, but not be limited to, the following terms: a) The initial term of the contract shall be for two (2) years, commencing on the date established in the contract. The City shall have the option to extend the Contract for one (1) additional year, at its sole discretion and at the same terms, conditions, and pricing. Proposer will be given at least sixty (60) days prior written notice. b) Extension of the term of the Contract beyond the initial period is an option of the City to be exercised in its sole discretion and which does not confer any rights upon the Proposer. c) The City shall have the right to terminate the Contract, for any reason whatsoever or at any time, upon the sole discretion of the City. 1.3. Business Objective City of Miami, Florida ("City"), a municipal corporation of the State of Florida, is soliciting responses to obtain a successful Proposer (hereinafter referred to as "Consultant"), which may be an individual, firm corporation, joint venture, partnership or other legal entity, to provide required training for approximately 1300 Miami law enforcement officers during the period of October, 1998 through October, 2000. 1.4. Introduction Careful attention must be paid to all requested items contained in this "Competitive Sealed Proposal," hereinafter referred to as Request for Proposal (RFP). Proposers are invited to submit proposals in accordance with the requirements of this RFP. Please read the entire package before proposing. Proposers shall make the necessary entry in all blanks provided for the responses. The entire set of documents constitutes the RFP. The Proposer must return this document with all information necessary to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFP text is followed. All proposals shall be returned in a sealed envelope with the RFP number and opening date clearly stated on the outside of the envelope. Proposers must provide a response to each requirement of this RFP. Proposals should be prepared in a concise manner with an emphasis on completeness and clarity Page 2 City 6f Miami, Florida Human Diversity Training RFP 97-98-056 1.5. Award of Contract An award shall be made to the responsible Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the Request for Proposals. 1.6. Performance Bond The Consultant must furnish a performance bond in the principal amount equivalent to the total annual contract value prior to execution of any Contract. The bond shall be conditioned upon full performance of all obligations imposed upon the Consultant in the proposal document and in the resulting Contract. The bond must be executed by a company licensed to do business as a surety company in the State of Florida. The City reserves the right to reject any and all tenders of such bonds or guarantees. Notwithstanding the above, the City may accept, in lieu of a bond, a cashiers check, an irrevocable letter of credit drawn upon a local bank, or cash in the amount of one hundred percent (100%) of the contract price, and made payable to the City of Miami, Florida. The City reserves the right to demand of the Consultant a performance bond in whatever amount is deemed sufficient to guarantee the faithful performance of the terms and conditions of the agreement. NOTE: (1) The bonds required above shall be issued by companies authorized to do business under the laws of the State of Florida with a general policyholders' rating of no less than "A" and the amount of any required bond shall not exceed 5% of the reported policyholders' surplus as reported in the latest edition of Best's Key Rating Guide, published by Alfred M. Best Company, Inc. 1.7. Changes J Alterations Proposer may change or withdraw proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. 1.8. Sub -Consulting A sub -consultant is a person or firm contracted by the Consultant to assist in the performance of services. They shall be paid through Consultant and not paid directly by the City. Sub -consultants are allowed by the City in the performance of the services delineated within this RFP. Consultant must clearly reflect in its Proposal any sub - consultants proposed to be utilized, and provide for the sub -consultant the same information required of Consultant. The City retains the right to accept or reject any sub -consultants proposed. 1.9. Unauthorized Work The successful Proposer shall not begin work until a City purchase order has been issued. The Purchase Order(s) shall specify the price and period of time allotted for the completion of the work. Time may be extended for a specific period when the cause of such delay is beyond the control of the Proposer and provided that notice of such delay is given to the City immediately upon knowledge of impending delay. Page 3 98 0 a Citv,of Xtiami, Florida Human Diversity Training RFP 97-98-056 1.10. Contract Execution A contract will be negotiated and executed between the Consultant and the City. 1.11. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be necessary, a written addendum will be incorporated in the RFP. The City will not be responsible for any oral instructions, clarifications, or other communications. 1.12. Disqualification The City reserves the right to disqualify proposals before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. 1.13. Proposal Receipt Sealed proposals will be accepted in accordance with the instructions detailed on the cover of this RFP. After that date and time, proposals will no longer be accepted. The Proposer shall file all documents necessary to support its proposals and include them with its proposal. Proposers shall be responsible for the actual delivery of proposals during business hours to the address indicated on the cover and in the RFP. It shall not be sufficient to show that the proposal was mailed in time to be received before scheduled submission date and time for receipt of proposals. 1.14. Capital Expenditures The Proposer understands that any capital expenditures that the successful Proposer makes, in order to perform the services required by the City in this RFP, is a business risk which the successful Proposer shall include in its proposed price. The City shall not pay or reimburse any capital expenditures or any other expenses, incurred by Proposer in anticipation of a contract award. 1.15. RFP Process Milestones The anticipated schedule for this RFP and subsequent Contract is as follows. All dates are tentative and subject to change. • RFP available for distribution....................................................................... • Due date for Questions............................................................................................ • Proposal Due Date..................................................................................... , 1998 • Initial Meeting of Evaluation Committee............................................................... , 1998 • Evaluation of Proposers by Evaluation Committee ................................................ , 1998 • Oral Presentations, if applicable................................................................. 1998 • Recommendation from Evaluation Committee to City Manager ........................... , 1998 • Recommendation from the City Manager to the City Commission ....................... , 1998 • City Commission Approval..................................................................................... , 1998 • City Commission Authorization to execute contract .............................................. 1998 Page 4 98 - 505 Go, of Miami. Florida Human Diversity Training RFP 97-98-056 2.0. SPECIFICATIONS / SCOPE OF WORK The Consultant shall provide sixteen (16) hours of state -certified Criminal Justice Standards and Training Commission (C.J.S.T.C.) mandated "Human Diversity Training Course" for the Department of Police. This course shall include eight (8) hours of Professionalism and Ethics, and eight (8) hours of Interdependent Relationships, including Homeless Sensitivity Training, based on the cultural diversity courses developed and approved by the C.J.S.T.C. As the Police Department is committed to ensuring the success of this training program, the Consultant shall permit the City and its authorized agents to coordinate and monitor the course according to applicable guidelines. Please refer to Attachment A as to the required course work for each 16 hour course offered to officer. The Consultant shall, as a minimum, satisfy the following requirements: 1. Be a certified instructor and/or: a. be a full time instructor at an accredited college or university b. have a minimum of three years experience teaching the subject matter. 2. Conduct a minimum of 40 two-day training sessions for the department's approximately 1300 sworn personnel over a two year period, commencing October, 1998 and ending no later than October, 2000. In addition, conduct one (1) training session for Staff and Command Officers. 3. Provide a location that meets the facility requirements of the Florida Department of Law Enforcement. The location provided must meet the following requirements: a. Provide a classroom(s) designated for lecture type training with a minimum of 20 square feet of floor space per student, and 25 students per class. Classroom shall be within or in close proximity to the City of Miami limits. b. Classroom shall be equipped with an adult size desk and chair or chair/table combination for each student, and have sufficient lighting for note -taking purposes. c. Classroom shall provide heating and cooling adequate for an effective teaching/learning environment. d. Provide his/her own audio / visual equipment and any other necessary instructional aids. e. Provide all learning materials, such as handouts, goals and objectives, notebook binders, writing instrument(s), paper, and other necessary supplies. 4. Provide his/her own transportation, lodging, and meals. 5. Work in conjunction with the Miami Police Department to ensure all its needs are met, and to make any adjustments as deemed necessary in the training materials, dates and times of classes, and other material aspects of the training, as needed. Page 5 98- 505 Citv•of Miami, Florida Human Diversity Training RFP 97-98-056 6. Provide self assessment exercises; role-play scenarios; sub -group exercises; class exercises; and other similar activities in order to ensure retention of all materials and the necessity for ethical decision -making. 7. Provide written attendance, pre and post-tests, of all participants to the Miami Police Department. 8. In conjunction with the City, Consultant shall develop an evaluation process to determine the effectiveness of the training program to the City's personnel and modify the program if necessary to enable greater effectiveness over the entire term of the contract. 9. Work in consultation with designated departmental personnel from the Training Unit to establish an on -going linkage between the two entities and to ensure the City's needs are being met during the period of the contract. 10. Provide the department with quarterly progress reports with information stipulated by the City reflecting the information obtained as a result of the evaluation process along with observations and recommendations on the training. 11. Shall furnish all equipment, materials, supervision or supplies necessary for completion of all the services specified in this RFP. Failure to possess the necessary materials and equipment in order to satisfactorily perform the services may result in the default of the Proposer from the ensuing contract. Page 6 98- 5U5 City.of Wiami, Florida Human Diversity Training RFP 97-98-056 3.0. GENERAL TERMS AND CONDITIONS 3.1. Acceptance/Rejection The City of Miami reserves the right to accept or reject any or all proposals or to select the Proposer, who in the opinion of the City, will be in the best interest of and/or the most advantageous to the City. The City also reserves the right to reject the proposal of any Proposer who has previously failed to properly perform under the terms and conditions of a contract, to timely deliver on contracts of a similar nature, and who is not in a position to perform the requirements of this RFP. The City reserves the right to waive any irregularities and technicalities and may, at its discretion, withdraw and/or re -advertise the RFP. 3.2. Approval by Emergency Financial Oversight Board The State of Florida has appointed an Emergency Financial Oversight Board (Oversight Board) which is empowered to review and approve all City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of a contract by the City Manager shall constitute evidence of its approval by the Oversight Board. 3.3 City Not Liable for Delays It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Consultant, any sub -consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 3.4. Contact Person The contact person for this RFP is Pamela Burns, Sr. Procurement Contracts Officer, Department of Purchasing, who can be reached at (305) 416-1905 or (305) 416-1900. 3.5. Contract Award And City's Rights The proposals will be evaluated by an Evaluation Committee ("Committee") appointed by the City Manager, comprised of appropriate City staff and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The City shall evaluate each proposal based upon the evaluation criteria established herein (the "Evaluation Criteria"). A Proposer may receive the maximum number of available points or a portion of this score depending on the merit of its proposal, as evaluated by the Committee. The City reserves the right, in its sole discretion, to request one (1) or more Proposers to make oral presentations before the Committee as part of the evaluation process. The Committee shall submit its recommendation to the City Manager for acceptance. The City Manager shall make his recommendations to the City Commission requesting the authorization to negotiate with the recommended Proposer who is deemed the most advantageous and who best serves the needs of the City. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Page 7 98- 505 City -of Miami, Florida Human Diversity Training RFP 97-98-056 The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the Proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with another selected Proposer(s) This process will continue until a contract acceptable to the City has been executed or all proposals are rejected. The City reserves the right to negotiate with each responsible and responsive Proposer. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. The decision to award a contract shall be made by the City Commission. The contract shall be in form and substance acceptable to the City. The City Commission's decision of whether to make the award(s) and to which Proposer(s) shall be final. While the City Commission may direct that the City enter into a contract with a Proposer(s), said Contract may be conditional on the subsequent submission of other documents within the time and in the manner specified in the contract. The successful Proposer(s) shall acquire no vested rights by virtue of its selection or recommendation by the Selection Committee. No rights at all shall accrue to the benefit of the successful Proposer(s) until the Contract is executed by both parties. The City reserves the right to reject any or all proposals, in whole or in part, and/or make award to one or more Proposers, whichever is deemed to be in the City's best interests. The City also reserves the right to waive any informalities, irregularities and technicalities in procedure at its sole discretion. The City shall prepare and present the Contract for execution to the successful Proposer. 3.6. Cost Incurred By Proposers All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith shall be borne by the Proposer(s). 3.7. Inquiries Any questions regarding this Proposal should be directed in writing via mail or fax to the Chief Procurement Officer (Director of Purchasing) 444 S.W. 2"d Avenue, 6" Floor, Miami, Florida 33130. Proposers requiring clarification or interpretation of the RFP shall make a written request to the Chief Procurement Officer on or before the close of business . The person or firm submitting the request will be responsible for its timely delivery. Written responses will be compiled and shall be issued only in addendum format and distributed to all potential Proposers. Any questions regarding the process may be addressed to Ms. Pamela Burns, Sr. Procurement Contracts Officer, at telephone (305) 416-1905, fax (305) 416-1925, or e-mail. 3.8. Legal Requirements This RFP is subject to all applicable federal, state, county and local laws, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. Page 8 O8- 505 City of Miami, Florida Human Diversitv Training RFP 97-98-056 3.9. Minority / Women Business Enterprise M/WBE) Program Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by Ordinance 10062, vendors doing business with the City are encouraged to include minority firms as participants in their proposals. Acceptable ways for minority participation in this Proposal are: 1. Proposers Certified by the City of Miami as M/WBE prior to proposal submission 2. Proposers who include minority/female-owned firms as sub -consultants. 3. Proposers who have key professional staff members who are minorities and/or females assigned to key positions for this engagement. For the purposes of this RFP, a M/WBE certified entity is one which has been certified by the City of Miami as a Black, Female, or Hispanic business enterprise prior to proposal submission. Entities which are M/WBE certified by the Dade County Public Schools or the State of Florida, any of its agencies, municipalities, or political subdivisions must also meet the City of Miami's M/WBE certification requirements. Proposers may contact the City Clerk's Office for copies of Ordinance No. 10062 and amendments. The Purchasing Department will provide the necessary forms and instructions upon request. Please contact can be made with Ms. Marva Wiley, M/WBE Supervisor, at (305) 416-1921. Each Proposer shall also submit along with the Proposal an Affirmative Action Policy (AAP). 3.10. Payment No payment shall be made by the City until service(s) is rendered by the successful Proposer. Any schedules for payments to the successful Proposer will be negotiated and be delineated in the executed contract. 3.11. Non -Appropriation of Funds In the event no funds or insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for payments due under the contract, then the City, upon written notice to the Consultant of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. Page 9 08- 505 City 6f Miami, Florida Human Diversity Training RFP 97-98-056 3.12. Occupational License Requirement Any Proposer with a business location in the City of Miami , who submits a Proposal under this RFP shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Proposers with a business location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Proposal; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 3.13. One Proposal Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture will be considered in response to this RFP. If it is found that a Proposer or Proposer's sub -consultant is included as a team member for more than one (1) Proposal, all Proposals which include such Proposer shall be rejected by the City. 3.14. Proposer Qualifications Proposers must satisfy the following requirements cited below. Failure to do so shall result in the Proposal being deemed non -responsive. A. Proposals shall be considered only from Proposers that are regularly engaged in the business of providing the services described in this RFP; that have a record of satisfactory performance for at least three (3) years; and that have sufficient financial support, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well -established facility as determined by the proper authorities of the City of Miami, Florida. B. Must be a certified instructor and/or a full time instructor at an accredited college or university and have a minimum of three (3) years experience teaching the subject matter. The Proposer must submit his/her resume, proof of credentials as a certified instructor, if applicable, and resume to include all applicable courses taught by Proposer for at least the past three (3) years. Should Proposer plan to utilize other personnel in the performance of these services, resumes and credentials for those personnel also shall be provided. C. Proposer shall have no record of pending lawsuits or criminal activities. D. Neither Proposer nor any of its principal members or officers who is in arrears or is in default of any debt or contract involving the City, any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. E. Proposers shall be fully licensed to perform the work described herein, and shall provide all information requested by the City on the Proposal information sheets, or elsewhere. Page 10 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 3.15. Proposer Registration It is the policy of the City that all prospective Proposers complete a "Vendor Application" indicating the commodities/services which the Proposer can regularly supply to the City for inclusion on the City's Proposer/bidder's list. Should a prospective Proposer not be currently listed on the City's Proposer/bidder's list, a Vendor Application will be enclosed with the RFP package. Proposers who have already submitted an application and secured a Vendor number from the City are not required to submit a new Vendor application. For any questions, contact the Vendor Registration Section at (305) 416-1913. 3.16. Public Entity Crimes A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work's project, may not submit a Response on a lease 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 Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Proposer list. 3.17. Resolution Of Protests Any Proposer who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Chief Procurement Officer (Purchasing Director) who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Proposers are alerted to Ordinance No. 11072 which describes the protest procedures and is included in this RFP. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 3.18. Review Of Proposals For Responsiveness Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A "responsive" Proposal is one which follows the requirements of the RFP, includes all documentation, is submitted in the format outlined in the RFP, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a proposal non -responsive. A responsible proposer is one that has the capability in all respects to fully perform the requirements set forth in the proposal, and that has the integrity and reliability which will assume good faith performance. 3.19. Sales Tax The City of Miami is State Sales Tax exempt. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08 Florida Statutes amended 1970 and all amendments thereto and shall be paid solely by the Proposer. Page 11 98- 505 City bjMiami, Florida Human Diversity Training RFP 97-98-056 3.20. Use of Name The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this proposal are to be mentioned, or imply the name of the City, without prior express written permission of the City. Page 12 9 8 - 505- City of Aliami, Florida Human Diversity Training RFP 97-98-056 4.0. SPECIAL PROVISIONS of PROPOSED CONTRACT 4.1. Authorization Upon authorization of the City Commission, the City Manager, or his designee, shall negotiate all aspects of a Contract with the selected Proposer. The City Attorney's Office will provide assistance to the City Manager or his designee during the negotiation of the contract and must approve the Contract as to legal form and correctness prior to the City Commission's authorization for the execution of the contract by the City Manager. Moreover, the State of Florida has appointed an Emergency Financial Oversight Board (Oversight Board) which is empowered to review and approve all City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of a contract by the City Manager shall constitute evidence of its approval by the Oversight Board. The contract shall comply with all applicable laws, City Charter, and code provisions. 4.2. General The contract shall address, but not be limited to, the following terms and conditions: 4.2.1. Amendments to the Contract The City Manager shall have sole authority to amend the Contract on behalf of the City. 4.2.2. Approvals Notwithstanding anything herein which may be to the contrary, all approvals or consents required or permitted pursuant to the Contract shall be in writing in order to be considered valid and effective. 4.2.3. Assignment Of Contract The Consultant shall not assign or subcontract the Contract, or any portions thereof, or any part of his/her operations, without of written permission granted by the City through the City Manager, in the City's sole discretion. 4.2.4. Audit Rights and Records Retention The Consultant agrees to provide access to the City, or any of its duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcriptions. The Consultant shall maintain and retain any and all of the aforementioned records for three (3) years after the City makes final payment and all other pending matters are closed. 4.2.5. Cancellation The City, by written notice, may terminate the Contract, in whole or part, when such action is in the best interest of the City. If the Agreement is so terminated, the City shall be liable only for payment for services rendered prior to the effective date of termination. Page 13 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 4.2.6. Compliance With Orders And Laws Consultant shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFP and the services to be rendered hereunder including, but not limited to: 4.2.6.1 Executive Order 11246, which prohibits discrimination against any person because of factors such as, but not limited to, race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. 4.2.6.2 Occupational, Safety and Health Act (OSHA), as applicable to this RFP. 4.2.6.3 The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. 4.2.6.4 Minority/Women Business Affairs Enterprise (M/WBE) City Ordinances No. 10062, 10538, and 11272, as amended, as applicable to this RFP. 4.2.6.5 Americans with Disabilities Act of 1990, as amended. 4.2.6.6 First Source Hiring Agreement, City Ordinance No. 10032, as amended, as applicable to this RFP. Implemented to foster the creation of new, permanent jobs for City of Miami residents. 4.2.6.7 National Institute of Occupational Safety Hazards (NIOSH), as applicable to this RFP. 4.2.6.8 Local Preference Ordinance No. 11087, as applicable to this RFP. 4.2.6.9 Conflict of Interest, City Code, Section 2-611 & 612, as applicable to this RFP. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. Non- compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the above City Ordinances may be obtained from the City Clerk's Office. 4.2.8. Conflict Of Interest If any individual member of a proposing team, or an employee of a proposing team/firm, or an immediate family member of the same is also a member of any board, commission, or agency of the City of Miami, that individual is subject to the conflict of interest provisions of the City Code, Section 2-611. The Code states that no City of Miami officer, official, employee or board, commission or agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any Page 14 98- 505 City of Miami. Florida Human Diversity Training RFP 97-98-056 business with the City, or appear in representation of a third party before the City Commission. This prohibition may be waived in certain instances by the affirmative vote of 4/5 of the City Commission, after a public hearing, but is otherwise strictly enforced and remains effective for two years subsequent to a person's departure from City employment or board, commission or agency membership. This prohibition does not preclude any person to whom it applies from submitting a proposal. However, there is no guarantee or assurance that such person will be able to obtain the necessary waiver from the City, even if such person were the successful Proposer. A letter indicating a conflict of interest for each individual to whom it applies shall accompany the submission package. The letter must contain the name of the individual who has the conflict; the relative(s), office, type of employment or other situation which may create the conflict; the board on which the individual is or has served; and the dates of service. 4.2.9. Contract Administrator The Contract Administrator for the contract shall be: Name Lt. Thomas Cannon Training Unit Department Police Address 400 N.W. 2"d Avenue Third Floor Miami, FL 33130 Phone Number (305) 579-6624 4.2.10 Contract Representative The Proposal shall include the name and telephone, and/or beeper number, in the event the contract is awarded to Proposer, where the contract representative designated by Proposer can be reached on a daily basis during at least regular business hours, Monday through Friday, for purposes of addressing complaints and receiving information as to contract performance. 4.2.11. Indemnification The successful Proposer shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the successful Proposer(s) shall become the defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees related to this; the Proposer shall further indemnify City as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting investigation. See Sec. 6.2. Indemnification and Insurance. 4.2.12. Insurance Within ten (10) days after execution of contract, the successful Proposer shall furnish Evidence of Insurance to the Purchasing Department. Please refer to Sec. 6.2., Indemnification and Insurance. Page 15 0 98- 55 City of Miami, Florida Human Diversity Training RFP 97-98-056 Execution of Contract and issuance of a purchase order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this RFP, the successful Proposer shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Consultant fails to submit the required insurance documents in the manner prescribed in this RFP, within fifteen (15) calendar days after the Consultant has been made aware of Commission award, the Proposer may be in default of the contractual terms and conditions. Under such circumstances, the Proposer may be prohibited from submitting future proposals to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Risk Management Division, at (305) 416-1700. Additionally, Consultant may be liable to the City for the cost of re -procuring the services, caused by Consultant's failure to submit the required documents. 4.2.13. Laws, Permits, and Licenses The Proposer shall obtain and pay for any applicable licenses, permits and inspection fees as may be required for each assigned project. All work shall comply with all applicable laws and ordinances. In the event any governmental restrictions may be imposed which would necessitate alterations of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful Proposer(s) to notify the City at once, indicating in his/her letter the specific item/service which requires an alteration. The City reserves the right to accept any such alteration including any price adjustment(s) occasioned thereby, or to cancel the contract at no expense or other liability(s) to the City. 4.3. Proposed Cost / Fees for Additional Services Should the City require additional services on a per person basis or if the number of law enforcement personnel exceed 1300, the Proposer shall submit with its Proposal additional services it can provide and include firm fees for any added services. The City reserves the right to add or delete services, and associated costs, or add other desirable services and associated costs as it deems necessary throughout the duration of the contract period. Page 16 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 5.0. INSTRUCTIONS FOR SUBMITTING A PROPOSAL The following information and documents are to be submitted with Proposer's Response to this RFP. Failure to do so may deem your proposal non -responsive. 5.1. Instructions to Proposers The purpose of this RFP is to hire a Consultant to provide a State -mandated Human Diversity Training Course to the City's law enforcement personnel. Therefore, only fully capable, experienced, and qualified Proposers should submit Proposals in response to this RFP. Throughout this RFP, the phrases "must" and "shall" will denote mandatory requirements. Any Proposal which does not meet the mandatory requirements is subject to immediate disqualification. When responding to this RFP, all Proposers shall adhere to the guidelines defined below. Any and all proposals that do not follow the prescribed format are subject to immediate disqualification. 5.1.1. Submission Requirements PROPOSAL FORMAT Instructions to Proposers: Proposers should carefully follow the format and instructions outlined below, observing format requirements where indicated. Proposals must contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any subconsultants to be utilized for the work contemplated by this RFP. Proposals submitted which do not include the following items may be deemed non- responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. Page 17 98- 505 "City of Miami, Florida Human Diversity Training RFP 971-98-056 3. Executive Summary A signed and dated summary of not more than two (2) pages containing the Qualifications, Knowledge, Experience, Past Performance, and Organization's Approach to rendering the services described in the submittal. 4. Qualifications and Experience • Provide date Proposer, if applicable, was incorporated/organized; State(s) incorporated/organized in. • Describe the Proposer's organization and background, tax status, principals, owners, board of directors and/or board of trustees, and number of professionals employed, by EEO job classification, ethnicity, race and gender. • Provide the number of years the Proposer has been in existence; the size of the firm; and the primary consultant areas and locations the firm serves. • Detail whether Proposer has been an instructor at an accredited college or university, and if so, cite the college/university, length of time employed, types of similar courses taught as required in this RFP, approximate number of students who received instruction, and any other pertinent instruction to similar entities. • Provide a current resume of Proposer and any sub -consultants. Include M/"E designation, if applicable. Should Proposer propose to utilize a sub-consultant(s) to perform any of the services for those subjects/issues Proposer must identify sub-consultant(s) and those subject/issues. Consultant must clearly reflect in its Proposal any sub -consultants proposed to be utilized, and provide for the sub -consultant the same information required of Consultant. The City retains the right to accept or reject any sub -consultants proposed. • Proposer must submit his/her proof of credentials as a certified instructor, if applicable, to include all applicable courses taught by Proposer for at least the past three (3) years. Should Proposer plan to utilize other personnel in the performance of these services, resumes and credentials for those personnel shall also be provided • Describe in detail Proposer's experience as a Consultant or instructor in Human Diversity Training, particularly provided to the law enforcement community and to agencies of a similar size as the Miami Police Department. Detail those organizations, length of time instruction was provided, types of courses taught, approximate number of law enforcement personnel taught, and whether the courses met the same state - mandated training requirements as denoted in this RFP. Discuss any previous City of Miami experience. • Include a description of how the Proposer proposes to staff this engagement to assist in the various areas of required expertise, and the qualifications of the individuals in those areas. Include information on those individuals by EEO job classification, race, ethnicity and gender. • Provide at least two (2) Letters of Reference on the letterhead of the reference's firm, reflecting experience in performing similar work in the past. This letter should contain the nature of the work performed by the Proposer; the date the work was performed; value of contract if known; quality of work performed; and the timeliness for the initiation and completion of this work. All references may be verified by the City for authenticity and quality of work performed by Proposer. Page 18 98- 505 City" of ,Miami, Florida Human Diversity Training RFP 97-98-056 5. Proposer's Training Plan • Describe in detail Proposer's Plan to train approximately 1300 sworn police personnel to ensure all receive state mandated training by October, 2000 as specified by the State in Attachment A. • Provide a tentative schedule for the next two (2) years on how Proposer plans to train police personnel. • Provide proposed location for the provision of training, including cite, size of room(s), number of desks/tables/chairs, availability of parking for students, and any other amenities. 6. Approach to Human Diversity Training • Provide proposed training methods and Proposer's goals and objectives to ensure retention of materials. Discuss in detail Proposer's use of such methods as self assessment exercises, role plays, class exercises, and other forms of proposed instruction. • Provide samples of materials to be distributed to students as part of the training program. • Provide copy of proposed Evaluation Form to be utilized, and include a sample(s) of Evaluation Forms used in the provision of similar services to other entities. • Provide a sample of a progress report, and detail how Proposer intends to work in conjunction with the Miami Police Department to ensure the needs of the department are being met. Also discuss how Proposer intends to address areas of concern by the department such as scheduling, lack of retention of material by students, enhance class participation, and any change(s) to the method of instruction. • Describe Proposer's approach to instruct law enforcement officers of different ranks, nationalities/ethnicity/gender, assignments, managerial personnel, etc. 7. Cost / Fee Proposal All fees and related costs to be charged by Proposer in conjunction with the provision of the required services for a two (2) year period shall be itemized to include, but not be limited to, instructor -related training; training site; materials and equipment, i.e. audio / visual, as required, Proposer's transportation, per diem, lodging and meals. Also describe and detail all costs/fees for additional and/or optional services provided by Proposer. 8. Minority/Women Participation, if applicable • For proposers seeking M/WBE consideration in the evaluation process, proposers must be certified by the City of Miami as M/WBE prior to proposal submission date. Additionally, the following documents must be submitted with proposal, if applicable: • City of Miami M/WBE Certificate/letter evidencing current certification status • City of Miami Minority/Business Affairs Registration Affidavit Page 19 98 - 505 City of Vfiami, Florida Human Diversity Training RFP 97-98-056 • For Proposers seeking Affirmative Action consideration in the evaluation process, proposers must provide the names of key professional staff members by race, gender and ethnicity. 9. Local Preference, if applicable • State the Primary Office Location of the Proposer. • Provide location from which the Consultant will be based to perform the work. 10. Affidavits / Acknowledgments • Proposers shall complete and submit as part of its proposal all of the following forms and/or documents: • 6.1 RFP Information Form • 6.2 Insurance Requirements • 6.3 Proposer Background Information • 6.4 Minority / Women Business Affairs Registration Affidavit 0 6.5 Minority Status Information Sheet • 6.6 Affirmative Action Policy for Equal Employment Opportunity (Sample) • 6.7 Primary Office Location Affidavit • 6.8 Debarment and Suspension Certificate • 6.9 Certification of M/WBE, if applicable • 6.10 Conflict of Interest, if applicable 5.2 EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria: Qualifications and Experience 25 % Training Plan 20 % Methodology and Approach 25 % Cost / Fee Proposal 15 % Minority / Women Participation, if applicable 5 % Local Preference, if applicable 10 % 5.3. Response Format Seven (7) bound of your complete response to this RFP must be delivered to: Mr. Walter Foeman, City Clerk City of Miami Office of the City Clerk Page 20 98 - 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 First Floor 3500 Pan American Drive Miami, Florida 33133 Proposals received at any other location than the aforementioned or after the proposal submission date shall be deemed non -responsive. Proposals should be signed by an official authorized to bind the Proposer to the provisions given in the proposal. Proposals are to remain valid for at least 180 days. Upon award of a contract, the contents of the proposal of the successful Proposer may be included as part of the contract, at City of Miami's discretion. Proposers must provide a response to each issue. Proposals should be prepared in a concise manner with an emphasis on completeness and clarity 5.3.1. Trade Secrets Execution to Public Records Disclosure All proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets". If your proposal contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the RFP number marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your proposal as a "trade secret" you agree to indemnify and hold harmless the City of Miami for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. Page 21 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 6.0. RFP Response Forms CHECK LIST This checklist is provided to help you conform with all form/document requirements stipulated in this RFP. Submitted With Proposal 6.1 RFP Information Form This form must be completed, signed, and returned with Proposal. 6.2 Insurance Requirements Acknowledgment of receipt of information on the insurance YES requirements for this RFP. (Must be signed). 6.3 Proposer Background Information This form must be completed in its entirety to verify the capability of YES Proposer to perform the services specified in the RFP. 6.4 MinorityMomen Business Affairs Registration Affidavit, if applicable - Must be completed only if one or more of the owners YES in the business enterprise is at least 51 % owned by a Black, Hispanic or Female. 6.5 Minority Status Information Sheet To be completed, if applicable. 6.6 Af irmative Action Policy for Equal Employment Opportunity (Sample) 6.7 Primary Office Location Affidavit, if applicable 6.8 Debarment and Suspension Certificate (Must be signed). 6.9 Proposer (Vendor) Application, if applicable - All prospective Proposers should complete a Vendor application for the commodities/services the Proposer can regularly supply to the City. Should a prospective Proposer not be currently listed on the City's Proposer/bidder's list, a Vendor application will be enclosed with the RFP package. Proposers who have already submitted an application and secured a vendor number from the City are not required to submit a new Vendor application. Page 22 YES YES YES YES YES 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 6.10 Occupational License All Responses shall be accompanied by a copy of your current YES license(s), as required. 6.11 MMBE Certification, if applicable YES 6.12 Conflict of Interest, if applicable YES, 6.13 Proposal Response YES A complete and thorough Proposal, with requested documentation, addressing as a minimum each and every one of the City's requirements as denoted in Section 5.1.1 Submission Requirements. Page 23 98- Wa Cii); of Miami, Florida Human Diversity Training RFP 97-98-056 6.1. RFP Information Form Mailing Date: RFP No.: 97-98-056 Buyer: Telephone: Pamela Burns 305-416-1905 Please quote on this form(s) net prices for the item(s) attached. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this proposal. Prices should be firm for a minimum of 90 days. Reference to manufacturers' names or catalog numbers are for identification only. If alternates are quoted, complete information must be given. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. TERM CONTRACT FOR: CONSULTANT FOR HUMAN DIVERSITY TRAINING We have read your RFP, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or service specified herein. number of calendar days required to complete work after Notice to Proceed or issuance of purchase order. number of calendar days required before commencement of work. Delivery will be made within calendar days after receipt of purchase order. Terms: 2%-10 days Net 30 days Additional discount of % if awarded all items. (include cash discount for prompt payment, if any) Contact Person/Telephone: Warranty and/or guarantee: All exceptions to this Proposal have been documented in the section below. Page 24 98- 505 City, of Vliami, Florida Human Diversity Training RFP 97-98-056 EXCEPTIONS: I certify that any and all information contained in this proposal is true; and I further certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services, and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the RFP, and certify that I am authorized to sign for the Proposer. Please print the following and sign your name: Firm's Name: Principal Business Address: Mailing Address: Telephone: Fax: Name: Title: Authorized Signature: Page 25 98- 505 City•of Miami, Florida Human Diversity Training RFP 97-98-056 6.2. Indemnification and Insurance INDEMNIFICATION Consultant shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, cost, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by the Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Consultant or its employees, agents, or subcontractors (collectively referred to as "Consultant"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent, or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the Consultant to comply with any of the provisions in the Contract or the failure of the Consultant to conform to statutes, ordinances or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of the Contract. Proposer expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Proposer, or any of its subcontractors, as provided above, for which the Proposer's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnities from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, in any way related, directly or indirectly, to Consultant's performance under the Contract, compliance with which is left by the Contract to the Consultant, and (ii) any and all claims, and/or suits for labor and materials furnished by the Consultant or utilized in the performance of the Contract or otherwise. Where not specifically prohibited by law, Consultant further specifically agrees to indemnify, defend and hold harmless the Indemnities from all claims and suits for any liability, including, but not limited to, injury, death, or damage to any person or property whatsoever, caused by, arising from, incident to, connected with or growing out of the performance or non-performance of the Contract which is, or is alleged to be, caused in part (whether joint, concurrent or contributing) or in whole by any act, omission, default, or negligence (whether active or passive) of the Indemnities. The foregoing indemnity shall also include liability imposed by any doctrine of strict liability. The successful Proposer shall furnish to City of Miami, c/o Department of Purchasing, 444 SW 2°d Avenue, 6`h Floor, Miami, Florida 33130, Certificate(s) of Insurance prior to contract execution which indicate that insurance coverage has been obtained which meets the requirements as outlined below: Page 26 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 A. Worker's Compensation Insurance for all employees of the Proposer as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. City must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work in an amount not less than statutory combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance with Minimum Limits of $1,000,000.00 per occurrence. The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the successful Proposer. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class X" as to financial strength, by the latest edition of Best's Key Rating Insurance Guide or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and are members of the Florida Guarantee Fund. Page 27 98 - 505 eity'of Miami, Florida Human Diversity Training RFP 9--98-056 Insurance Requirements form (page 2) Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the successful Proposer of his liability and obligation under this section or under any other section of this Agreement. The successful Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. --If insurance certificates are scheduled to expire during the contractual period, the successful Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: A) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the RFP. B) The City may, at its sole discretion, terminate the contract for cause and seek re -procurement damages from the successful Proposer in conjunction with the violation of the terms and conditions of the Contract. The undersigned Proposer acknowledges that (s)he has read the above information and agrees to comply with all the above City requirements. Proposer: (Company name) Date: Signature: Print Name: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 28 98- 5U5 City of Miami, Florida Human Diversity Training RFP 97-98-056 6.3. Proposer Background Information INSTRUCTIONS: This questionnaire is to be included with your Response. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANY NAME: COMPANY OFFICERS: President Secretary COMPANY OWNERSHIP: Vice President Treasurer LICENSES: 1. County or Municipal Occupational License No. (attach copy with Response) 2. Occupational License Classification 3. 4. Occupational License Expiration Date: Miami -Dade County Certificate of Competency No. (attached copy if requested in RFP) Social Security or Federal I.D. No. Page 29 of ownership of ownership of ownership of ownership 98- 5®5 City of Miami, Florida Human Diversity Training RFP 97-98-056 Proposer Background Information form (page 2) EXPERIENCE: 6. Number of Years your organization has been in business: 7. Number of Years experience PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the RFP: 8. Number of Years experience PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the RFP: 9. Experience Record: List references who may be contacted to ascertain information on past and/or present contracts, work, jobs, that PROPOSER has performed of a type similar to that required by specifications of the City's RFP: FIRM NAME/ADDRESS Contact Person: FIRM NAME/ADDRESS Contact Person: DATE OF JOB DESCRIPTION OF JOB Phone No: DATE OF JOB DESCRIPTION OF JOB Phone No: Page 30 City of Miami, Florida Human Diversity Training RFP 97-98-056 Proposer Background Information form (page 3) FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB Contact Person: Phone No: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB Contact Person: Phone No: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB Contact Person: Phone No: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORMMAYDISQUALIFY YOUR RESPONSE Page 31 98- 505 Vityof Miami, Florida Human Diversity Training RFP 97-98-056 6.4. Minority/Women Business Affairs Registration Affidavit Please Check One Box Only [ ] Hispanic [ ] Female [ ] Black [ ] Not Applicable If business is not 5 1 % minority/female owned , affidavit does not apply. If not applicable, notarization is not required. I (We), the undersigned agree to the following conditions: 1) that we have read Section 2.25 of the General Terms and meet the fifty-one percent (51 %) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Vendor Application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Bidder's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Vendor Application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Vendor Application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. Page 32 98- 505 City of Miami. Florida Human Diversity Training RFP 97-98-056 Minority/Women Business Affairs Registration Affidavit (page 2) I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Ordinance No. 10062, as amended. Firm Name: (Name, Title & Date) (If signing as a corporate officer, kindly affix corporate seal) (Name, Title & Date) This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. NOTARIZATION COUNTY, SS COUNTY OF MIAMI-DADE Date: That: and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced NOTARY PUBLIC: My Commission Expires: personally appeared before me as identification. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MA Y DISQUALIFY YOUR RESPONSE Page 33 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 6.5. Minority Status Information Sheet MINORITY CLASSIFICATION AND PARTICIPATION Please check one box only and complete any and all sections applicable to the Proposer's Team. 1. Indicate Minority/Women classification of Business Enterprise (PROPOSER): [ ] B=BLACK [ ] H=HISPANIC [ ] F=FEMALE [ ] NM=NON-MINORITY 2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation within firm(s), or as it may apply to this RFP, if awarded. Indicate Minority/Women Classification of each company: A. JOINT VENTURE: Provide information regarding Minority/Women Firms participating and the extent of participation. % of Dollar Firm Name Business Address Proposal Amount B. SUBCONSULTANTS, if applicable: Provide information regarding Minority/Women firms participating and the extent of participation. % of Dollar Firm Name Business Address Proposal Amount rI FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORMMAYDISQUALIFY YOUR RESPONSE. Page 34 98 - 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 6.6. Sample Affirmative Action Policy For Equal Employment Opportunity AFFIRMATIVE ACTION/ EQUAL EMPLOYMENT OPPORTUNITY - POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the Affirmative Action Director to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. DATE: (SIGNATURE/TITLE): FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORMMAYDIS UALIFY YOUR RESPONSE. Page 35 98- 505 • M City of Miami, Florida Human Diversity Training RFP 97-98-056 6.7. Primary Office Location Affidavit Please type or print clearly. This Affidavit must be completed in full, signed and notarized only if your primary office is located within the corporate limits of the City of Miami Legal Name of Firm: Entity Type: (check one box only) [] Partnership [] Sole Proprietorship [) Corporation Corporation Doc. No: Occupational License No: PRESENT Street Address: City: PREVIOUS Street Address: City: Date Established: Date of Issuance: State: How long at this location: State: How long at this location: Page 36 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 Primary Office Location Affidavit (page 2) 1 (we) certify, under penalty of perjury, that the primary office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local proposers by this section. (Corporate Seal) Authorize Signature Print Name Title Authorize Signature Print Name Tide (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) STATE OF FLORIDA, COUNTY OF MIAMI-DADE Subscribed and Sworn before me that this is a true statement this day of Notary Public, State of Florida My Commission expires Printed name of Notary Public 0 Personally known to me; or U Produced identification: 199 (Seal) Please submit with your proposal copies of Occupational License, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's primary office. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORMMAYDISQUALIFY YOUR RESPONSE Page 37 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 6.8. Debarment And Suspension CITY OF MIAMI CODE SEC. 18-56.4 (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a contractual party for the causes listed below from consideration for award of city contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a contractor from consideration for award of city contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. (b) Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 4. Violation of contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension; 5. Debarment or suspension of the contractual party by any federal, state or other governmental entity; 6. False certification pursuant to paragraph (c) below; or Page 38 98- 505 City of Miami, Florida Human Diversity Training RFP 97-98-056 7. Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the contractual party performing city contracts. (c) Certification: All contracts for goods and services, sales, and leases by the City shall contain a certification that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5). Company name: Signature: Date: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. Page 39 98- 505 CITY OF MIAMI, FLORIDA A=12 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE May 26, 1998 FILE of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECOMMENDATION SUBJECT: Resolution Requesting Authorization to issue a Request for Proposals for State Mandated REFERENCES: Human Diversity Training ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to issue a Request for Proposals (RFP) in substantially the attached form for State Mandated Human Diversity Training. BACKGROUND The Department of Police desires to initiate the Request for Proposals process for a trainer/consultant to provide Human Diversity Training for its sworn personnel. The Human Diversity Training consists of eight hours of Professionalism and Ethics and eight hours of Interdependent Relationships topics. This is a State -mandated requirement for recertification of law enforcement officers. All departmental sworn personnel must be certified no later than October 2000. Failure to provide this training will cause decertification of the officers. JGP:D W:Imr c: Donald H. Warshaw Chief of Police 98- 505 REQUESTING ISSUANCE OF RFP ITEM: Human Diversity Training for Police DEPARTMENT: Police TYPE: Request to Issue RFP REASON: To provide Human Diversity Training for its sworn personnel. This is a State mandated requirement for recertification of law enforcement officers. All departmental sworn personnel must be certified no later than October 2000. Failure to provide this training will cause decertification of the officers. C",*,X" A /-J 4,, 'Director of ' g I'h Dat AwardIssueUP 98- 505