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HomeMy WebLinkAboutR-98-0929J-98-1018 9/18/98 RESOLUTION NO. 9 " " 29 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT PROPOSALS FOR THE PROVISION OF DEBT COLLECTION SERVICES FOR THE DEPARTMENT OF FINANCE. WHEREAS, it is necessary for the Department of Finance to solicit proposals from qualified individuals or firms ("Proposers") to provide debt collection services for revenues due the City of Miami ("City"); and WHEREAS, the contract with the successful Proposer shall be for an initial two (2) year period, with the City's option to extend said contract for two (2) additional one (1) year periods; and WHEREAS, the City Manager and the Director of Finance recommend that the RFP process be implemented to obtain said services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 ATTACHMENT (S)` jONTAINED aITYEYMG C � tW SEP 2 8 egg no. Section. Section 2. The City Manager is hereby authorized to issue an RFP, in substantially the attached form, to solicit proposals for the provision of debt collection services for the Department of Finance. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor1/. PASSED AND ADOPTED this 28th day of September , 1998• JOE CAROLLO, MAYOR In accordance With Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days f the date of Commi icn action regarding same, without the Mayor exerci i ve - ATTEST: Waite J. F , City Clerk WALTER J. FOEMAN CITY CLUZ AND CORRECTNESS: N1!rRO VPTLARELLO ATTORNEY 960:CSK 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 2- ffl c>_ na City of Miami Request for Proposals RFP Purchasing Department Judy S. Carter, Director Miami Riverside Center 444 SW 2"a Avenue, Oh Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/ Proposal Data RFP Number: 98-99-012 Commodity Code: 946-33 Commodity Title: DELINQUENT DEBT COLLECTION SERVICES Type of Purchase: TWO (2)YEARS WITH OTR FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS 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: Proposal Submission Deadline Day/Date: Time: Location/Mail Address: Office of the City Clerk City Hall 3500 Pan American Drive Miami, Florida 33133-5504 Directions: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE., TURN LEFT, 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. FROM THE SOUTH: USI 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 to Request for Proposals 2.0 Specifications/Scope of Work describing what is needed 3.0 General Terms and Conditions that are general in scope 4.0 Special Provisions of Proposed Contract 5.0 Instructions for Submitting Proposal and Evaluation Criteria 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. Nine 9 copies 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- 929 DRAFT 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. 98-99-012 : The City of Miami ("City") is seeking proposals ("Proposals") from qualified and experienced firms to collect delinquent receivables owed to the City from various sources. MANDATORY PRE -PROPOSAL CONFERENCE: , 1998 at a.m. SUBMISSION DATE: , 1998 at a.m. This Request for Proposals (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. 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 1.0. INTRODUCTION TO REQUEST FOR PROPOSALS 1.1. Invitation Thank you for your interest in this Request for Proposals ("RFP") process. The City of Miami ("City"), through its Purchasing Department, invites responses which offer to provide the services described in greater detail in Section 2.0: Specifications / Scope of Work. 1.2. Business Objective The City, a municipal corporation of the State of Florida, is seeking the services of a qualified Proposer(s), which may be an individual, firm, corporation, joint venture, partnership or other legal entity, for the recovery of outstanding delinquent debt owed to the City from various sources. 1.3. Term of Contract The Successful Proposer(s) ("Successful Proposer(s)") shall be required to execute a contract ("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. b) The City shall have the option to extend the Contract for three (3) additional one (1) year periods, at its sole discretion and on the same terms and conditions. Successful Proposer will be given at least sixty (60) days prior written notice of such extension. 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 reserves the right to reject any and all Proposals, and to accept any part of any Proposal which is in the best interests of the City. 1.4. Mandatory Pre -Proposal Conference All prospective Proposers are required to attend the mandatory Pre -Proposal Conference. The purpose of the pre -proposal conference is to allow potential Proposers an opportunity to present questions to staff and obtain clarification of the requirements of the RFP documents. Because the City considers the conference to be critical to understanding the Proposal requirements, attending is mandatory in order to qualify as a Proposer. Failure to attend this Pre -Proposal Conference shall deem a Proposal non- responsive. This conference will occur at the Miami Riverside Center located at 444 S.W. 2"d Avenue, 10'h Floor Conference Room, Miami, Florida on at DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 1.5. Instructions Careful attention must be paid to all requested items contained in this "Competitive Sealed Proposal," hereinafter referred to as Request for Proposals (RFP). Prospective Proposers are invited to submit Proposals in accordance with the requirements of this RFP. Please read the entire solicitation before submitting a Proposal. 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 these documents 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 the RFP. Proposals should be prepared in a concise manner with an emphasis on completeness and clarity. 1.6. Award of Contract Award shall be made to Proposer(s) whose Proposal is determined to be the most advantageous to the City, taking into consideration fees and other evaluation factors set forth in the RFP. 1.7. Changes / Alterations Proposer may make written changes or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. 1.8. Subcontractors A Subcontractor is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this RFP. A Subcontractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Subcontractors are allowed by the City in the performance of the services delineated within this RFP. Proposer must clearly reflect in its Proposal all Subcontractors proposed to be utilized, and provide for each Subcontractor the same information required of Proposer. The City retains the right to accept or reject any Subcontractor(s) proposed. Failure to list all subcontractors and provide the required information may disqualify any proposed subcontractor(s) from performing work under this RFP. Proposers shall include in its Proposal the subcontractor information, including the type and percentage of work they will be providing, corporate and individual resumes, and all relevant information required of Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the subcontractors, if applicable, the Successful Proposer(s) intends to utilize in the Contract. The list shall include, as a minimum, the name, location of the place of business for each subcontractor, applicable licenses, references, ownership, and other information required of Proposer. ' DRAFT 9s- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 1.9. 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 to the RFP. The City will not be responsible for any oral instructions, clarifications, or other communications. 1.10. Disqualification The City reserves the right to disqualify Proposals before or after the submission date, in its sole discretion, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Proposals; to reject any or all Proposals in whole or in part, and reissue a Request for Proposals. 1.11. 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 Proposal and shall 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 in advance of the deadline for receipt of Proposals. 1.12. Capital Expenditures The Successful Proposer(s) understands that any expenditures that the Successful Proposer(s) makes, in order to perform the services required by the City in this RFP, is a business risk which the Successful Proposer(s) may include in its proposed price. The City, however, is not and shall not pay or reimburse any expenditures or any other expenses, incurred by any Proposer(s) in anticipation of a Contract award nor to maintain the approved status of the Proposer(s) if a Contract is awarded. 1.13. RFP Process Milestones ******** The anticipated schedule for this RFP and subsequent Contract Award is as follows. All dates listed in this section are tentative and subject to change. • RFP available for distribution..................................................... Oct. 2, 1998 0 Mandatory Pre -Proposal Conference ............................................ Oct. 15 ,1998 • Due date for Questions.................................................................... Oct. 16, 1998 • Proposal Submission Date ......................................................... Nov. 2, 1998 • Initial Meeting of Evaluation Committee ....................................... Nov. 5, 1998 • 2" Meeting of Proposers by Evaluation Committee .................... Nov.13, 1998 • Oral Presentations, if applicable ........................................... Nov.20, 1998 • Recommendation from Evaluation Committee to City Manager Nov.23, 1998 • Recommendation from the City Manager to the City Commission Dec. 8, 1998 • City Commission Approval and Authorization for City .................... Dec. 8, 1998 Manager to negotiate and execute Contract. **** Timetable subject to receipt of all information on receivables to be included on Attachment A and approval to issue RFP by the City Commission. 5 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 2.0. SPECIFICATIONS / SCOPE OF WORK 2.1 BACKGROUND The City is seeking Proposals from qualified Proposers to bill and collect from various persons or entity(s) on various accounts owed to the City. The City is seeking one Successful Proposer to provide collection services for those accounts detailed in Category 1, and one Successful Proposer to provide collection services for those accounts reflected in Category 2. While there shall be no more than one Successful Proposer for each Category, the City may award a contract to one (1) Successful Proposer for both Categories 1 and 2, if it is in the City's best interests. These accounts, describing the types and numbers of accounts, and its aging, are listed by Category in Attachment A. The debt shall not include any property tax collection efforts. In addition, Attachment A is not to be considered all inclusive as the City reserves the right to add, delete, or modify in any way any services required under this RFP at any time, and at the City's sole discretion. The penalty accrued on at least some delinquent accounts is 1 % per month. Additionally, the City has been authorized to charge a returned check fee in the amount of $25.00 per check. Should there be additional penalties imposed or amendment of penalty amount, this information will be provided at a later time. Existing delinquent accounts, which in some cases the origination date is unknown, will be provided to the Successful Proposer(s) following negotiation with the City. From the Contract execution date forward, the City will remit on a monthly basis those accounts which have become 60 days delinquent in Category 1 as specified on Attachment A. Those accounts under Category 2 will be negotiated as to the delinquency time frame for turning over the accounts to the Successful Proposer. 2.2 SCOPE OF WORK The successful Proposer(s) shall collect all delinquent debt as specified by the City. At this time, it is anticipated the City will continue its normal collection procedures and upon being delinquent 60 days for Category 1, accounts will be turned over for collection. Accounts in Category 2 will be turned over to the Successful Proposer after a time frame negotiated with the City. However, the City reserves the right to implement other procedures or to turn over accounts earlier, or later, whenever the City deems this to be in its best interests. The receivables to be collected by Successful Proposer(s) are to be mailed to an address provided by the City. The City shall remit to the Successful Proposer(s) its fee(s) upon receipt of the collections generated by the Successful Proposer(s) and following the clearance of all checks for payment of the same; payment shall be made based solely upon the activities of the Successful Proposer(s) to obtain monies owed from delinquent accounts. The City will not allow the Successful Proposer(s) to deduct its fees from the receivables obtained from the collection of delinquent accounts. The City shall pay the 6 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 Successful Proposer(s) in a manner acceptable to the parties as negotiated between Successful Proposer(s) and the City. Successful Proposer(s) shall adhere to the Code of Ethics prescribed by the American Collection Association, the Florida Collection Association, or any other applicable billing/collection Associations, and shall abide at all times by the Fair Debt Collections Practices Act, and any other applicable law. Successful Proposer(s) shall provide services to collect specific delinquent debt over 60 days for Category I owed to the City. It is the City's expectation that the cost to recover said outstanding delinquent debt be at the lowest possible cost to the City and at the greatest possible return. Successful Proposer(s) shall provide all types of collection services currently being conducted by those experts in the industry, including "skip tracing" efforts. At this time, the City will allow the successful Proposer(s) to utilize any collection procedures or techniques authorized under City Code, State Law, or Federal Regulations. The Successful Proposer(s) can use any legal means currently available for collections as provided for by law. The City will allow the debtor(s) to be reported to a Credit Bureau(s). Successful Proposer(s) will be required to work with the data compiled currently on the City's computerized financial system. The City currently possesses a Unisys A17 Mainframe, with a MCP level 4.2.3 (Unisys proprietary) Operating System. The City does not have any standard compromise programs for the formal settlement of an account(s) at this time. Additionally, the City does have accounts which are second placements, but are not being considered to be turned over to a Successful Proposer(s) at this time. On the accounts to be turned over to the Successful Proposer(s), no legal actions have been taken on these accounts to the knowledge of the Contract Administrator. The City and the Successful Proposer(s) must mutually agree before any legal efforts, court costs, or other legal fees are incurred by Successful Proposer(s); as such, Successful Proposer(s) must work closely in coordination with the Law Department and the Contract Administrator regarding any such accounts requiring legal action. Should any request(s) for any waiver(s) of debt by any party(s) be made, those requests shall be submitted to the Contract Administrator by the Successful Proposer(s) and continue its collection efforts. Should the City deem that a waiver of payment(s) should be considered, it shall be addressed in a public forum by the City Commission. Only upon the approval by a majority of the City Commission in a publicly advertised hearing can a waiver of the collection of any delinquent debt by any person(s) or other entity(s) be made. Only after approval by the City Commission will delinquent debt be absolved from payment by any party based upon good cause shown and a recommendation from the City Manager that payment on the debt be waived. While not a requirement, the Successful Proposer(s) is encouraged to have an agent and/or an office in the South Florida area so that Successful Proposer(s) could respond to the City's requests expeditiously. DRAFT 98- 929 09/18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 At the termination of any Contract period, Successful Proposer(s) shall fully cooperate with the City and submit all data on electronic disk to the City, at its request, on any accounts in the possession of the Successful Proposer(s) at the time of Contract termination, the status of those accounts, and collection efforts made to date per account. 2.3 REPORTING REQUIREMENTS At the request of the City, the Successful Proposer(s) shall document all of its efforts to collect on specific account(s). Reporting requirements of the City include the provision of the following types of reports: • Status Reports, on a quarterly basis, with a complete list in last name sequence of all open accounts indicating the status. • Client Reports, on a monthly basis, with a list in last name sequence of all payment since the previous report. For certain City accounts, the list shall be in the City assigned customer account number sequence or in any other format deemed necessary by the City. • A List of accounts against which collection efforts have begun, including recommended actions to be taken regarding problem collection accounts. • A Summary of receipts and other actions on accounts by month of assignment. • Referral Acknowledgment Reports, Recall Acknowledgment reports, Remittance Reports, Closed Reports, and Placement Collection Analysis Reports shall be submitted to the City. It shall be the responsibility of the Successful Proposer(s) to provide all required reports in a format required by the City, and in the frequency required for the provision of all the above reports for auditing purposes. Whenever possible, the Successful Proposer(s) shall specifically indicate on each list the types of reporting system utilized and for which accounts. For example, for the Department of Police, the list of accounts should specify the collection efforts were for "Overdue Alarm Fees / Fines" for the Police Department. Additionally, the Successful Proposer(s) shall meet with the Contract Administrator and other specified City personnel on at least a quarterly basis to discuss collection efforts taken to date and the status of specific accounts. 2.4 PROPOSED FEES Proposers must submit Fee Proposals for Category 1 or Category 2, or both Category I and 2. Proposer shall detail any and all fees and costs to provide the required services. Please be advised the City is seeking Proposers whose only fees shall be on a percentage basis of amounts collected. The City is requiring that as a minimum, Proposers provide the following: DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 • Fixed fee proposal based on a percentage basis of monies collected per Category, • A percentage rate per Category based on length of delinquency. • Costs for any legal fees to be provided based on the percentage of the amount of receivables collected. The Evaluation Committee will consider each collection rate to determine the rate which best serves the City's needs. Failure to include both rates reflected above on a per Category basis, and legal fees on a percentage of receivables collected, shall deem a Proposal non -responsive. DRAFT 98 - 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 3.0. GENERAL TERMS AND CONDITIONS 3.1. Acceptance/Rejection The City reserves the right to accept or reject any or all Proposals or portions of any or all Proposals, and 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 deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in 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, the Contract, and contracts generally shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of the 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 Successful Proposer(s) 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 technical expertise and/or knowledge. The Committee 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 Committee 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. Such presentations/interviews provide the Proposer with an opportunity to '° DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 clarify the Proposal and to ensure a mutual understanding of its content. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. The Committee reserves the right to recommend not more than three (3) Proposers for each Category based upon the results of the evaluation process. The Committee shall submit its recommendation of the top ranked Proposer(s) for each Category to the City Manager for acceptance. The City Manager shall make his recommendations to the City Commission requesting the authorization to enter into negotiations for a Contract with the top ranked firm(s). No Proposer shall have any rights against the City arising from such negotiations or termination thereof. The City reserves the right to enter into Contract negotiations with the Successful Proposer(s). If the City and the Proposer cannot negotiate a Contract, the City may terminate said negotiations and begin negotiations with another Proposer. 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. The decision to award the Contract shall be made by the City Commission, which 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 Proposer(s) shall acquire no vested rights by virtue of its recommendation by the Evaluation Committee. No rights at all shall accrue to the benefit of the successful Proposer 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 on Friday, October 16, 1998. The person or firm submitting the request will be 11 DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 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. 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 ".An 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 subcontractors. 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 as a Black, Female, or Hispanic business enterprise prior to proposal submission. Entities which are M/WBE certified by the Miami -Dade County Public Schools or the State of Florida, any of its agencies, municipalities, or political subdivisions must also meet the City'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. Proposers may contact Ms. Effie McCartney, M/WBE Supervisor, at (305) 416- 1921. Each Proposer shall also submit along with the Proposal an Affirmative Action Policy (AAP). 12 DRAFT929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 3.10. 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 Successful Proposer or his/her assignee of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. 3.11. Occupational License Requirement Any Proposer with a business location in the City, who submits Proposal under this RFP, shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City's 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. 3.12. 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 with more than one (1) Proposal, all Proposals which include such Proposer shall be rejected by the City. 3.13. Proposer Qualifications Proposers must satisfy the following requirements cited below. Failure to do so will result in the Proposal being deemed non -responsive. A. Proposers shall have been providing the services as described in this RFP for a minimum of three (3) years; and have sufficient financial support, equipment and organization to insure that it can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. B. The City reserves the right, before awarding the Contract, to require a Proposer(s) to submit such evidence of his/her qualifications as it may deem necessary and as part of the Evaluation Committee's process, may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Proposer, including previous experiences of same with the City and performance evaluation for services, in making the award in the best interest of the City. C. Proposers shall have no record of pending lawsuits or criminal activities and not have any conflicts of interest as defined by applicable law with the City. D. Neither Proposer nor any member, officer, or stockholder of Proposer (s) shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 1, DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 3.14. 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. 3.15. 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. 3.16. 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. Sections 18-98 and 18-99 of the City Code of the City of Miami (Ordinance No. 11072) 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. 3.17. 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 timely submitted, 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. 14 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 3.18. 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. 15 DRAFT 9S- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 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 the Contract with the Successful Proposer(s). The City Attorney's Office will provide assistance to the City Manager or 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 pending 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 term 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. Assignment Of Contract The Successful Proposer(s) shall not assign any portions of the Contract, or any part of his/her operations, without written permission granted by the City through the City Manager, in the City's sole discretion. 4.2.3. Audit Rights and Records Retention The Successful Proposer(s) 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 Successful Proposer(s) 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. 4.2.4. Cancellation The City may terminate upon giving sixty(60) days written notice any Contract or part thereof made pursuant to this RFP for convenience or cause. Any default by the Successful Proposer(s) if the Successful Proposer(s) fails to comply with any of the terms and conditions of the contract, unsatisfactory performance as judged by the Successful Proposer(s), and failure to provide the City, upon request, reasonable assurance of future performance, shall be causes allowing the City to terminate the Contract. In the event of termination for cause, the City shall not be liable to the Successful Proposer(s) for any amount, and the Successful Proposer(s) shall be liable to the City for any and all damages sustained by reason of the default which gave rise to the termination. 16 A J8929 09/18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 In the event of termination for convenience, the Successful Proposer(s) shall observe any instructions from the City as to work in process. The Successful Proposer(s) will be paid for services accepted by the Successful Proposer(s). 4.2.5. Compliance With Orders And Laws The Successful Proposer(s) shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFP and subsequent contracting including, but not limited to: 4.2.5.1 Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of factors including, 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. 4.2.5.2 Occupational, Safety and Health Act (OSHA), as applicable to this RFP. 4.2.5.3 The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. 4.2.5.4 Minority/Women Business Affairs Enterprise (M/WBE) City Ordinance Nos. 10062, 10538, and 11272, as amended (Section 18-136 of the City Code), as applicable to this RFP. 4.2.5.5 Americans with Disabilities Act of 1990, as amended. 4.2.5.6 First Source Hiring Agreement, City Ordinance No. 10032, as amended (Section 18-105 of the City Code), as applicable to this RFP. Implemented to foster the creation of new, permanent jobs for City of Miami residents. 4.2.5.7 National Institute of Occupational Safety Hazards (NIOSH), as applicable to this RFP. 4.2.5.8 Local Preference Ordinance No. 11087 (Section 18-79(h) of the City Code), as applicable to this RFP. 4.2.5.9 Conflict of Interest, City Code, Section 2-611 & 612, as applicable to this RFP. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of Contract(s). 17 DRAFT ss- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 4.2.6. 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, that individual is subject to the conflict of interest provisions of the City Code, Section 2-611. The Code states that no City 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 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. 4.2.7. Contract Administrator The Contract Administrator for the Contract shall be: Name Mr. Pete Chircut, Treasurer Department Finance Address 444 S.W. 2"d Avenue, 6`h Floor Miami, Florida 33130 Phone Number (305) 416-1945 Fax Number (305) 416-1987 4.2.8. Account Representative Proposals shall include the name and telephone, and/or beeper number, in the event the Contract is awarded to Proposer, where the City's Account 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. Should the Account Representative deemed acceptable by the City leave Proposer's firm for any reason, the City reserves the right to accept or reject any other proposed Account Representative. 18 DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 4.2.9. Indemnification The Successful Proposer(s) shall assume and agree to 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 losses, costs, penalties, fines, damages, claims, expenses (including attorney's fees), 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 the Indemnities, or any of them or (ii) the failure of the Successful Proposer(s) to comply with any of the requirements specified within the Contract, or the failure of the Successful Proposer(s) to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance under the Contract. Successful Proposer(s) 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 Successful Proposer(s), or any of its subcontractors, if applicable and as provided above, for which the Successful Proposer's liability to such employee or former employee would otherwise be limited to payments under state Worker's Compensation or similar laws. 4.2.10. Insurance Within ten (10) days after notification of award, the Successful Proposer(s) shall furnish Evidence of Insurance to the Purchasing Department. Please refer to Section 6.2 Indemnification and Insurance. 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(s) 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 Successful Proposer(s) fails to submit the required insurance documents in the manner prescribed in this RFP, within fifteen (15) calendar days after the Successful Proposer(s) has been made aware of Commission award, the Successful Proposer(s) may be in default of the contractual terms and conditions. Under such circumstances, the Successful Proposer(s) may be prohibited from submitting future proposals to the City. Information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department, at (305) 416-1700. Additionally, Successful Proposer(s) may be liable to the City for the cost of re -procuring the services, caused by Successful Proposer's failure to submit the require documents. 4.2.11. Permits, and Licenses The Successful Proposer(s) 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. 19 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 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. 4.2.12. Letter of Credit / Security The Successful Proposer(s) shall submit to the City, together with the Contract executed by it, an irrevocable Letter of Credit in the amount of Fifty Thousand Dollars ($50,000.00). The Letter of Credit is to assure payment to the City of all delinquent fees that may become due by Successful Proposer(s) to City under the Contract. The Letter of Credit shall be subject to approval by the City Attorney and shall be in effect and irrevocable during the term of the Contract. Successful Proposer(s) understands, and the Letter of Credit shall provide, that in the event of a default by Successful Proposer(s) under the Contract, the City shall have the right to draw upon the Letter of Credit in the amount determined by the City to be necessary to cure the default. In such event, Successful Proposer(s) must immediately take whatever action is required to cause the Letter of Credit to be replenished to its original amount or have a new Letter of Credit issued. Failure to comply with this requirement within five (5) days after City draws upon the Letter of Credit shall authorize the City to immediately terminate the Contract with Successful Proposer(s). For the purposes of this RFP, Proposer shall submit with its Proposal a letter from his/her bank, attesting to Proposer's (financial resources) capability to proffer credit/security should a Contract be awarded. 4.2.13. First Source Hiring Agreement Successful Proposer(s) must agree to comply with City Ordinance 10032 (Section 18-105 of the City Code) to provide City of Miami residents priority in employment opportunities which may arise should Successful Proposer(s) be awarded the Contract. Proposers must complete and return "Statement of Compliance with Ordinance No. 10032" form with Proposal. To obtain additional information on this program, contact can be made with Ms. Joni Jones -Harris, Assistant Director, Department of Community Development, at (305) 693-3120. DRAFT 20 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 5.0. INSTRUCTIONS FOR SUBMITTING A PROPOSAL The following information and documents are required to be provided 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 obtain a qualified Proposer(s) to provide delinquent debt collection services. 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. 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 disqualification. 5.2. Submission Requirements PROPOSAL FORMAT The following documentation should be included as a minimum in the Proposal and submitted to the City. Instructions to Proposers: Proposers should carefully follow the format and instructions outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -contractors to be utilized for the work contemplated by this RFP. Proposals submitted which do not include the following items may be deemed non -responsive. Proposers must clearly indicate whether it is submitting a Proposal for Category 1, Category 2, or both. Information must be provided by Proposers as reflected below on a per Category basis. The response to this solicitation should 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. 21 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 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. 3. Executive Summary: A signed and dated summary of not more than two (2) pages containing the Qualifications and Experience, Ability and Capability to Perform Required Services, and Overall Approach to the Scope of Work as contained in the submittal. Include the name of the organization, business phone and contact person. Provide a summary of the work to be performed by Proposer. Proposer shall provide the completed and signed Notification of Category Selection Form designating those Category(ies) being proposed. 4. Proposer's Qualifications and Experience a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. b) Provide a list of all principals, owners or directors. c) Provide a complete list of clients for which Proposer has provided a similar service as required in this RFP. This list should include those governmental entities of a similar size and diverse population to the City for whom services have been performed during the past five (5) years. Include the overall value of the contract, number and types of delinquent accounts included in the contract, revenues generated for each by Proposer, and net rates of collection for each. Include the address, phone number(s) and contact persons within each organization. The City reserves the right to contact any reference as part of the evaluation process. This information must be provided for each Category proposed. d) Provide a list of clients that have, for whatever reason, discontinued to use your services within the past three (3) years, and indicate the reasons for the same. The City reserves the right to contact any reference as part of the evaluation process. e) Provide two (2) Letters of Reference on letterhead from similar entities to the City for whom similar services have been performed. This information must be provided for each Category proposed. f) Should Proposer plan to utilize a subcontractor(s), Proposer must address each of the above -listed items for subcontracting firms proposed, as applicable. Any future subcontractors shall be provided to the City for approval pursuant to Section 1.8 of the RFP. This information must be provided for each Category proposed. 22 DRAFT 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 5. Proposer's Ability and Capability to Perform Required Services a) Describe the size of Proposer and indicate the number of personnel of Proposer and its ability to provide required services to the City. b) Describe where the primary work will be performed. c) Provide a complete list of the personnel that will be assigned to handle the City's accounts. Include a resume of each describing their experience, training, certifications, and other relevant details. Personnel should additionally be identified by race/ethnicity, gender, and language(s) fluently spoken. Include copies of all licenses held by each individual. This information must be provided for each Category proposed. d) Provide detailed background on the Account Representative to be assigned the City's account throughout the duration of the Contract period, and whether Proposer agrees to City's terms for approval of future Account Representative(s) should proposed representative leave Proposer's firm during the contract period. This information must be provided for each Category proposed. e) Copy of the most recently audited (or unaudited if audited not available) Financial Statement of Proposer. f) Provide a letter from his/her bank, attesting to Proposer's (financial resources) capability to proffer credit/security should a Contract be awarded. 6. Overall Approach to Scope of Work a.) Discuss in detail Proposer's Overall Approach to the work to be performed. Describe Proposer's plan and its methodology to be utilized to collect delinquent accounts on a per type of account basis, i.e. returned check, overdue alarm fee, etc. This information must be provided for each Category proposed. b.) Proposer shall provide proposed percentage rates of return to the City on a per type of account basis and the reasons for those rates as proposed to the City. These proposed rates shall include background / historical collection rates that can be verified to ensure authenticity and ability to meet those projections. This information must be provided for each Category proposed. c.) Provide any suggestions or a plan of approach to enhance the City's collection efforts. d.) Provide samples of reports to be utilized in the provision of the services required in the RFP, including samples of reports required for auditing purposes. 23 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 7. Fee Proposal a) Provide, in detail, its proposed fee(s) on a per Category basis, for the provision of delinquent account collection services. Refer to detailed fee requirements cited in Section 2.4 Proposal Fees. b) Provide its legal costs based on the percentage of the amount of receivables collected. 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 • 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. 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 the 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 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. 11. Affidavits / Acknowledgments • Proposers should 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 24 DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 • 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 Statement of Compliance with Ordinance No. 10032 (First Source Hiring Agreement) • 6.10 Notification of Category Selection Form • 6.11 Proposer (Vendor) Application, if applicable • 6.12 Proof of current Miami M/WBE Certification, if applicable • 6.13 Conflict of Interest, if applicable • 6.14 Complete Proposal Response, including all requested information. 5.3. Response Format Nine (9) bound copies of your complete response to this RFP must be delivered to: Mr. Walter Foeman, City Clerk City of Miami Office of the City Clerk First Floor 3500 Pan American Drive Miami, Florida 33133 Proposals received at any other location than the aforementioned or after the Proposal submission date and time 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 the City'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 5.4 EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria on a per Category basis. CRITERIA PERCENTAGE Proposer's Qualifications and Experience 15 Proposer's Ability & Capability to Perform Required Services 15 Approach to Scope of Work 25 Fee Proposal 30 Minority / Women Participation, if applicable 5 Local Preference, if applicable 10 100 % 25 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 ATTACHMENT A Category 1 and Category 2 account information (to be provided by the Department of Finance prior to issuance of RFP) 26 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 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. YES 6.2 Insurance Requirements Acknowledgment of receipt of information on the insurance requirements for this YES RFP. (Must be signed). 6.3 Proposer Background Information This form must be completed in its entirety to verify the capability of Proposer to YES 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 in the business YES enterprise is at least 5 1 % owned by a Black, Hispanic or Female. 6.5 Minority Status Information Sheet To be completed, if applicable. YES 6.6 Affirmative Action Policy for Equal Employment Opportunity (Sample) YES 6.7 Primary Office Location Affidavit, if applicable YES 6.8 Debarment and Suspension Certificate (Must be signed). YES 6.9 Statement of Compliance with Ordinance No. 1003Z (First Source YES. Hiring Agreement), completed and signed 6.10 Notification of Category Selection Form, signed and dated, reflecting Category (ies) being proposed. YES 6.11 Proposer (Vendor) Application, if applicable - All prospective Proposers must complete a Vendor application for the commodities/services the Proposer can regularly supply to the City. Should a YES prospective Proposer not be currently listed on the City's Proposeribidder'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. 6.12 Proof of current MMBE Certification by City, if applicable YES 6.13 Conflict of Interest, if applicable YES. 27 DRAFI,_ 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 6.14 Proposal Response A complete and thorough Proposal for each Category proposed, with requested YES documentation, addressing as a minimum each and every one of the City's requirements as denoted in Section 5.2 Submission Requirements. 28 DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 6.1. RFP Information Form Mailing Date: ,1998 RFP No.: 98-99-012 Buyer: Telephone: Commodity Code: 946-33 TERM CONTRACT Pamela Burns 305-416-1905 DELINQUENT DEBT COLLECTION SERVICES RFP NO.98-99-012 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 connections 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: Name of Proposer Principal Business Address: Mailing Address: Telephone: Fax: Name: Title: Authorized Signature: 29 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 6.2. Indemnification and Insurance INDEMNIFICATION Proposer 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 Proposer or its employees, agents, or subcontractors (collectively referred to as "Proposer"), 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 Proposer to comply with any of the provisions in the Contract or the failure of the Proposer 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. Proposer 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 Proposer's performance under the Contract, compliance with which is left by the Contract to the Proposer, and (ii) any and all claims, and/or suits for labor and materials furnished by the Proposer or utilized in the performance of the Contract or otherwise. Where not specifically prohibited by law, Proposer 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 Proposer shall furnish to City of Miami, c/o Department of Purchasing, 444 SW 2nd 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: 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 is required to be named as additional insured. BINDERS ARE UNACCEPTABLE. 30 DRAT 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the 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 V 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. 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 Proposer of his liability and obligation under this section or under any other section of this Agreement. The 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 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 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 31 DRAFT A • 1 0 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 6.3. Proposer Background Information INSTRUCTIONS: This questionnaire is to be included with the 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: LICENSES: 1 2 3 4 5 Vice President Treasurer County or Municipal Occupational License No. (attach copy with Response) Occupational License Classification Occupational License Expiration Date: Miami -Dade County Certificate of Competency No. (attached copy if requested in RFP) Social Security or Federal I.D. No. 32 % of ownership % of ownership % of ownership % of ownership uRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 Proposer Background Information form (page 2) EXPERIENCE: 6. 7. 8. 9. Number of Years PROPOSER has been in business: Number of Years experience PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the RFP: Number of Years experience PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the RFP: 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 33 Phone No: DRAFT 98- 929 0 09/18/98 CITY OF MIAMI, FLORIDA RFP 98-99-0I2 Proposer Background Information form (page 3) FIRM NAME/ADDRESS Contact Person: FIRM NAME/ADDRESS Contact Person: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB Phone No: DATE OF JOB DESCRIPTION OF JOB Phone No: DATE OF JOB DESCRIPTION OF JOB Contact Person: Phone No: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 34 DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 6.4. Minority/Women Business Affairs Registration Affidavit Please Check One Box Only [ ] Hispanic [ ] Female [ ] Black [ ] Not Applicable If business is not 51% 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 3.12 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. 35 DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 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: acknowledged the foregoing instrument as his/her act and deed. That he/she has produced NOTARY PUBLIC: My Commission Expires: personally appeared before me and as identification. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 36 DRAFT 98- 9-9 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 6.5. Minority Status Information Sheet MINORITY CLASSIFICATION AND PARTICIPATION Please check one box only and complete any and all sections applicable to your firm. 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. SUBCONTRACTORS: Provide information regarding Minority/Women firms participating and the extent of participation. % of Dollar Firm Name Business Address Proposal Amount FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR nVrnn�rc,V „ DRAFT 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 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: 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. 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 FORM MAY DISQUALIFY YOUR RESPONSE. 38 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 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: MOW 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: 39 DRAFT 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 Primary Office Location Affidavit (page 2) I (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. Authorize Signature Print Name (Corporate Seal) Title Authorize Signature Print Name Title (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 [] Personally known to me; or [] Produced identification: Subscribed and Sworn before me that this is a true statement this day of 199_ Notary Public, State of Florida My Commission expires (Seal) Printed name of Notary Public 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 FORM MAY DISQUALIFY YOUR RESPONSE 40 DRAFT 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 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 41 98- 929 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 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. 42 98- 929 09/ 18/98 CITY OF MIAMI, FLORIDA RFP 98-99-012 6.9 STATEMENT OF COMPLIANCE WITH ORDINANCE NO. 10032 Proposer certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement." Proposer will complete and submit the following questions as part of the RFP Proposal. Violations of this Ordinance may be considered cause for annulment of a Contract between the Successful Proposer(s) and the City of Miami. A. Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? Yes No B. In the event your answer to Question "A" is yes, how many new positions would you create to perform this work? C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. 1) 2) 3) 4) 5) 6) (Use additional sheets if necessary) PROPOSER NAME: SIGNATURE/TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY PROPOSAL. " DRAFT 9&- 929 e 09/18/98 CITY OFMIAMI, FLORIDA RFP 98-99-012 6.10 NOTIFICATION OF CATEGORY SELECTION REP No. 98-99-012 DELINQUENT DEBT COLLECTION SERVICES Proposers are required to indicate below the Category(ies) for which services are being proposed. Proposers may submit proposal for one or both Categories as described in Attachment A. CATEGORY 1: YES NO CATEGORY 2: YES NO NAME OF PROPOSER: SIGNATURE OF PROPOSER: DATE: Failure to complete, sign, and return this form may disqualify Proposal. 44 DRAFT 98- 929 TO: Honorable Mayor and Members of the City Commission FROM: (ohl'all"'THWarshaw City Manager RECOMMENDATION CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 41 DATE: SEP ' 1998 FILE : SUBJECT: Resolution Requesting Authorization to Issue a Request for Proposals for Delinquent Debt Collection Services REFERENCES: 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 Delinquent Debt Collection Services. BACKGROUND The City of Miami currently is in need of a firm or firms to attempt to recover outstanding receivables owed to the City on various accounts. The retention of a firm(s) to actively bill and collect these outstanding receivables due the City will insure continued receipts and decrease the number and types of accounts that are delinquent. It is in the City's best interest to seek outside assistance to collect this debt. Schedule A will be completed and submitted with the outgoing RFP. Currently data is being compiled from all departments of the City to ensure that all collections deemed appropriate will be forwarded to the selected Collection Agency(s). DHW/JAW/1 /pb CoverMemoRFPPDebtCollectionFinance 9 8- 929