HomeMy WebLinkAboutR-97-0799J-97-784
1 1 /13/97
RESOLUTION NO. 9 7- 799
A RESOLUTION ACCEPTING THE FINDINGS OF THE SELECTION
COMMITTEE, AS TO THE MOST QUALIFIED FIRMS, IN RANK
ORDER, #1, LANDY JACOBS AND ASSOCIATES, INC. (LJA), AND
#2, BARRETT AND ASSOCIATES, INC. (BAR), TO PROVIDE AND
ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR
THE CLASSIFICATIONS OF POLICE CAPTAIN AND POLICE
SERGEANT AS STIPULATED IN THE REQUEST FOR PROPOSALS
(RFP), FOR THE DEPARTMENT OF HUMAN RESOURCES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH LJA FOR AN INITIAL TERM OF SIX (6)
MONTHS, WITH THE OPTION TO EXTEND FOR THREE (3)
ADDITIONAL SIX (6) MONTH PERIODS, AT AN ESTIMATED TOTAL
COST NOT TO EXCEED $110,000 DURING THE INITIAL AND
EXTENDED TERM OF THE AGREEMENT; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.270; FURTHER, AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THESE SERVICES.
WHEREAS, Requests for Proposals were mailed to 18 firms seeking a broad range
of responses from test development providers to furnish promotional examination and
evaluation processes for the classifications of Police Captain and Police Sergeant for the
Department of Human Resources;; and
WHEREAS, the Selection Committee evaluated the four (4) proposals received on
October 15,1997, in response to the City's Request for Proposals, and selected, in rank
order, the two firms of Landy Jacobs and Associates, Inc. and Barrett and Associates, Inc.
as the most qualified to provide the required professional services; and
CITY COMMISSION
MEETING OF
NOV 2 6 1997
Aseolutfon. Na
9 7 - 799
WHEREAS, funding is available for the payment of compensation in an amount not
to exceed $1 10,000 from the general operating budget of the Department of Police,
Account Code 001000.290201.6.270;
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
Section.
Section 2. The City Commission hereby accepts the findings of the Selection
Committee, as to the most qualified firms, in rank order, #1. Landy Jacobs and Associates,
Inc. (LJA), and #2. Barrett and Associates, Inc. (BAR), to provide and administer the
promotional examination processes for the classifications of police captain and police
sergeant as stipulated in the Request for Proposals (RFP), for the Department of Human
Resources.
Section 3. The City Manager is hereby authorized' to negotiate and execute an
agreement, in a form acceptable to the City Attorney, with Landy Jacobs and Associates,
Inc. for an initial terms of six (6) months with the options to extend for three (3) additional
six (6) month periods, at an estimated total cost not to exceed $1 10,000 during the initial
and extended term of the agreement, with funds therefor hereby allocated from the
Department of Police General Operating Budget, Account, Code No.
001000.290201.6.270.
Section 3. The City Manager is hereby authorized to instruct the Chief
Procurement Officer to issue a purchase order for these services.
' The herein authorization is further subject to compliance with all requirements that may be imposed by the
City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions.
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97- 799
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Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 26th day of November 1997.
XAVIER L. SUAREZ, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
OLGA/ RAMIREZ-SEIJ
ASS I TANT CITY AT OR EY
APPROVED AS TO FORM AND CORRECTNESS:
A/ QUOTA N J O
CITY ATTORI\
W1996:CSK
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 t EGUV
becomes effective with the elapse of ten (10) days from the date of Com ssion action
regarding same, without the Mayor exercift Jet% - /� � /
LTER J.L-F6EPLIAN, CITY CLERK
3 97- 799
0 CITY OF MIAMI, FLORIDA 0 CA=1 .4
INTER -OFFICE MEMORANDUM
TO: DATE: i^- ! FILE:
Honorable Mayor and Members NOV 1 4 ��
of the City Commission
SUBJECT:
Promotional Examinations;
Police Captain & Sergeant
RFP No. 96-97-076
FROM: REFERENCES:
Edward M*ueCity ManENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution
approving the findings of a Selection Committee as to the most qualified firms, in rank order, to
provide promotional examination processes for the classifications of Police Captain and Police
Sergeant; authorizing the City Manager to undertake negotiations with the most qualified firm, to
execute a contract, in a form acceptable to the City Attorney not to exceed $110,000, and to
instruct the Chief Procurement Officer to issue a purchase order for these services.
BACKGROUND
As a result of the need for new promotional processes within the Miami Police Department for
the classifications of Police Captain and Police Sergeant, it was necessary to secure a test
developer.
Proposals received pursuant to Request for Proposals (RFP) No. 96-97-076, have been analyzed
by a Selection Committee to identify a firm with the ability to develop, administer/implement,
score, and prepare a final report on police promotional examinations. Eighteen (18) RFP's were
mailed and four (4) responses were received. Two firms, Landy Jacobs and Associates, Inc., and
Barrett and Associates, Inc., ranked one and two, respectively.
The Department of Human Resources recommends that the City Commission accept the findings
of the Selection Committee and authorize the City Manager to enter into negotiations with
Landy Jacobs and Associates, Inc., to execute a contract, in a form acceptable to the City
Attorney, not to exceed an estimated cost of $110,000 and to instruct the Chief Procurement
Officer to issue a purchase order for these services. In the event negotiations with Landy Jacobs
and Associates, Inc., are not successful, the City Manager would be authorized to enter into
negotiations with the next highest rated firm.
Funding is available to cover the cost of these services in the general operating budget of the
Department of Police - Account Code No. 001000.290201.6.270.
97- 799
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Judy S. Carter DATE : November 4, 1997 FILE:
Director
Dep tnt of Purchasing SUBJECT: RFP No. 96-97-076
FROM: onald H. Warshaw, Chief REFERENCES:
Police Department
ENCLOSURES:
This department has verified available funding with the Office of Budget and
Management Analysis that funds are available to cover the cost of the subject Request for
Proposals No. 96-97-076 in an amount not to exceed $110,000 in Account Code
001000.290201.6.270.
BUDGETARY REVIEW AND APPROVED BY:
Dip ay Parekh, Director
Office of Budget and Management Analysis
RSJ/atc
97- 799 3
RFP No. 96-97-076 TABULATION BY THE SELECTION COMMITTEE
for the
CONSULTANT FOR POLICE SERGEANT AND POLICE CAPTAIN PROMOTIONAL EXAMS
AVERAGED
OVERALL TOTAL
PROPOSERS
RATER #1 RATER #2 RATER #3 RATER #4 RATER #5 SCORES
SCORE
RANKING
INCL. PRICING
Barrett and Associates, Inc.
Suite Seven
500 West Exchange Street
Akron, Ohio 44302
84 80 73 74 79 78
80.74
# 2
Non -local / Non -Minority
Booth Research Group, Inc.
47 53 48 50 58 51.2
71.2
Is
12689 Antelope Trail
Parker, Colorado 80138
(TIE)
N
on- oval / Non -Minority
Landy Jacobs and Assoc., Inc. 87
300 South Burrowes Street
State College, Pa. 16801
Non-local/Non-Minority
Personnel Decisions International 64
45 South 7th Street, Suite 2000
Minneapolis, Mn. 55402
Non-local/Non-Minority
(Consideration given to a Project
Principal that is a nority & local)
APPROVED BY:
arter
Chief Proc emeIt Officer
DATE: l �•/ ��
I!
Prepared by Pamela Burns, 11/4/97
ui
81
85
88
90
86.2
100.98
49
67
62
64
61.2
71.2
APPROVED BY: W/ XfQN)
�j D'rector / De " nee
DATE: // " � 7
#1
#3
(TIE)
•
LIST OF SELECTION COMMITTEE MEMBERS
CONSULTANT FOR POLICE SERGEANT AND POLICE CAPTAIN
PROMOTIONAL EXAMS
RFP NO.96-97-076
Major Paul Shepard
Miami Police Department
2. Mary Leckband, Chair
Department of Human Resources
3. Sgt. Jose Acuna
Representing Fraternal Order of
Police (FOP)
4. Dr. Sheldon Zedeck
Expert Testing Consultant
City of Miami
5. Dr. Irwin Goldstein
Expert Consultant
Department of Justice
97_ ' 999
7
• CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Edward Marquez DATE October 30, 1997 FILE
City Manager
Sue. ECT Selection Committee
Recommendation
RFP No - 96-97-076
FROM : Mary E. Leckband REFERENCES
Industrial/Organizational Psychologist
Department of Human Resources ENCLOSURES.
The Selection Committee that reviewed the Proposals received in accordance to RFP 96-
97-076 (attached) for the purpose of developing and implementing for the classification
of Police Captain a customized examination process, and for the classification of Police
Sergeant a customized examination process for the Department of Human Resources,
recommend the awarding of the contract to Landy, Jacobs and Associates, Inc. of
Boulder, Colorado for the said purpose of developing, administrating/implementing,
scoring, preparing a final report, and providing test consultation for both classifications.
The contract will be for an initial period of six (6) months with three (3) six (6) month
options for extension. The total price to be paid for said services is $106,050.
The Selection Committee found that the only other proposal submitted that could be also con-
sidered if negotiations with Landy, Jacobs and Associates, Inc. are not approved, is that
of Barret & Associates, Inc. of Akron, Ohio for the same services within the stated terms
for a total price of $572,000.
The Selection Committee consisted of Dr. Sheldon Zedeck, Expert Consultant to the City
of Miami; Dr. Irwin Goldstein, Expert Consultant to the Department of Justice; Major
Paul Shepard, Miami Police Department; Sergeant Jose Acuna, Fraternal Order of Police;
and Mary Leckband, Industrial/Organizational Psychologist for the City of Miami and
Chairperson of the Selection Committee. After the review of the proposals by the
committee, the proposal by Landy, Jacobs and Associates, Inc. was found to be the most
responsive, responsible, and cost reasonable proposal, thereby earning the
recommendation of the committee to provide the services of developing,
administrating/implementing, scoring, preparing a final report, and providing test
consultation for the classifications of Police Captain and Police Sergeant and for the
recommendation to be forwarded to the City Commission for consideration.
JMEL
:'':6U om
Edward Marquez,
DISAPPROVED
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OF • life of Miamlb
<v � "J J
Request for Proposal (RFP)
IRCORP 96ATE0
Is �O Purchasing Department
Judy S. Carter, Director
Miami Riverside Center
444 SW 2nd Avenae, 6th Floor
Miami, Florida 33130
Proposal Data
RFP Number: 97-98-001
Commodity Code: 918-85
Commodity Title: CONSULTANT FOR FIRE CAPTAIN AND CHIEF FIRE OFFICER PROMOTIONAL EXAMS
MIWBE Set -Aside: N/A
Sr. Buyer: Pamela Burns
Buyer Phone: 305416-1905 Fax: 305416-1925
Issue Date: September 19, 1997
Pre -Proposal Conference: N/A
Proposal Opening
Day/Date: October 20, 1997
Time: 10:00 A.M.
Location/Mail Address: Office of the City Clerk
City HA
3500 Pan American Drive
Miami, Florida 33133-5504
Directions: FROM TIIF NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. ORO TRAFFIC LIGHT), TURN LEFT, 1 BLOCK, TURN RIGHT ON
PAN AMERIW DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE S(NITH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR.
ORD 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 General Terms and Conditions that are general in scope
3.0 Special Conditions related to this Request for Proposal
4.0 Specifications/Scope of Work describing what is needed
5.0 Instructions for submitting a Proposal
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 Opening. Submittal of Response by fax is not acceptable. Seven (7) copies
of your proposal and these sets of 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.
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City of Miami, Florida Consultant for Fire Captain and Grief Fire Officer Promotional Exams RFP 97-98-007
1.0 INTRODUCTION FOR REQUEST FOR PROPOSAL
1.1 INVITATION
Thank you for your interest in this solicitation process. The City of Miami,
through its Purchasing Department invites responses which offer to provide the
goods and/or services identified on the title page and described in greater detail
in Sections 3 and 4.
L2 DEFINITIONS
We will speak with you relatively informally throughout the Solicitation in order
to help the process be a little more human and friendly. Obviously, we need to
include a certain amount of legal language, but we'll try to keep it as painless and
common-sense as possible. Even though the style is relatively informal, we
intend to express our expectations clearly, and they are to be legally interpreted
in our favor. 'We may for instance avoid the term "shall" wherever possible, just
to avoid heavy-handed legalese. Nevertheless, you need to know that you will be
held accountable for whatever in here applies to you.
1.2.1 We/Us/Our/City
These terms refer to the City of Miami Florida, a -duly organized public entity.
They may also be used as pronouns for various subsets of the City organization,
including, as the context will indicate:
Purchasing Department - The Purchasing Department including its Director and
staff of Professional Buyers.
Departments - The City Departments and/or offices for which this Solicitation
is prepared, and which. will be the end user/s of the goods and/or services
sought.
Authorized Representative - The user Department's contacts for interaction
regarding contract administration and performance.
1.2.2 You / Your
These terms refer generally to the other person or entity which is a party to this
agreement or contract, any subsidiaries or affiliates, officers, employees,
volunteers, representatives, agents or subcontracts. The term may apply
differently to different classes of entities, as the context will indicate. For
instance, "you" as a proposer will have different obligations than "you" as a
contractor will have upon award of the contract. We'll be specific whenever it
seems warranted.
Proposer - Any business entity submitting a Response to this Response to this
Solicitation.
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Miami, Florida
Fire Captain and Chief Fin
oral Exams RFP 97-98-001
Contractor/Successful.'. Proposer - The proposer whose response to this
Solicitation is deemed to be the most advantageous to the City. Contractor will
be approved for award by the City Commission, and a Contract will be executed
for the provision of the goods and/or services specified in the RFP and a
Purchase Order will be issued.
1.23 Request for Proposal (RFP) -
A Solicitation of formal sealed proposal, this entire document, including
attachments. An RFP may be used to solicit various kinds of information. The
kind of information this, RFP seeks is indicated by the title appearing at the top
of the first page. A ".Request for Proposal" (RFP) is normally used when we
will consider solutions; which may vary significantly from each other or from
our initial expectations, 'and/or where the award is not based solely on price.
1.2.4. Proposal
The written, sealed document submitted by the Proposer according to the RFP
instructions. Your response to this RFP does not include any verbal interaction
you may have with us apart from submittal of a formal written Proposal.
L3 CLARIFICATION
Questions regarding this RFP should be directed in writing, preferably by fax, to
the Purchasing Director specified on the title page. Answers, citing the question
asked but not identifying the questioner, will be distributed simultaneously to all
known prospective Proposers_. ' Note: written requirements in the RFP or its
amendments may be binding, .but any oral communications between you and us
are not.
1.3.1. Written Addendum
If it becomes evident that this RFP must be amended, we will issue a formal
written addendum to all known prospective Proposers. If necessary, a new due
date will be established.
L4 AWARD .
The Contract will be awarded to the Proposer .by the City Commission based
upon evaluation criteria reflected herein. The City reserves the right to make an
award to the Proposer that is determined to be in the City's best interests.
L5 CONTRACT EXECUTION
The City and the successful Proposer shall execute a contract based upon the
requirements set forth in RFP through action taken by the City Commission at a
duly authorized meeting.
1.5.1. Order of Precedence
Any inconsistency in this proposal shall be resolved by giving precedence in the
following order.
Specifications
Special Conditions
General Terms and Conditions
Instructions to Bidders/Proposers
Introduction
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f Miami, Florida Consultant
Fire Captain aidChief Fire Offi.
Promotional Exams RFP 97-98-001
2.0
GENERAL TERMS AND CONDITIONS
The following may or may not be applicable to this solicitation for a service. All terms and
conditions are subject to negotiation for inclusion into the contract.
Z I ACCEPTANCE OF GOODS
Any goods) delivered under this bid/RFP shall remain the property of the seller until a
physical inspection and actual usage of the good is made, and thereafter is accepted to the
satisfaction of the City. It must comply with the terms herein and be fully in accordance
with specifications and of the highest quality. In the event the goods supplied to the City
is found to be defective or does not conform to specifications, the City reserves the right
to cancel the order upon written notice to the contractor and return the product to the
contractor at the contractor's expense.
22 ACCEPTANCEIREJECTION
The City of Miami reserves the right to accept or reject any or all bids/proposals or. to
select the bidder(s), who in the opinion of the City, will be in the best interest of and/or
the most advantageous to the City. It also reserves the right to reject the bid/proposal of
any contractor 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 properly under this bid. The City reserves the right to waive any
irregularities and technicalities and may, at its discretion, re -bid
2.3 ANTITRUST PROVISION
At such times as may serve its best interest, the City of Miami reserves the right to
advertise for, receive and award additional bids for these herein items, and to make use
of other competitively bid (governmental) contracts for the purchase of these goods
and/or services as may be available.
2.4 ASSIGNMENT OF CONTRACT
The contractor shall not assign or subcontract, at any time during the term of the
Contract, or any part of his/her operations, or assign any portion or part of the Contract,
except under and by virtue of written permission granted by the City through the proper
officials.
2.5 AUDIT RIGHTSAND RECORDS RETENTION .
The Contractor agrees to provide access to the City, or any of their duly authorized
representatives, to any books, documents, papers, and records of the contractor which are
directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and
transcriptions. The Contractor 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.
2.6 TABULATIONS
Will be furnished, after a recommendation for the award is made by the Purchasing
Department in concurrence with the user department, and upon provision of a self
addressed, stamped envelope by the bidder. Bid/RFP files may be examined during
normal working hours.
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(Miami, Florida C ultant for Fire Captain and Chief Fire
2.7 BRAND NAMES
nal Exams RFP 97-98-001
If and wherever in the specifications brand names, makes, names of any manufacturers,
trade names, or bidder catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods
only. When, the City does not wish to rule out other competitors' brands or makes, the
phrase "OR EQUAL" is added. When bidding an approved equal, Bidders will submit,
with their bid, complete sets of necessary data (factory information sheets, specifications,
brochures, etc.) in order for the City to evaluate and determine the equality of the item(s)
bid. The City shall be the sole judge of equality and its decision shall be final. Unless
otherwise specified, evidence in the form of samples may be requested if the proposed
brand is other than specified by the City. Such samples are to be furnished after the date
of bid opening only upon request of the City. If samples should be requested, such
samples must be received by the City no later than four (4) calendar days after a formal
request is made.
L8 CANCELLATION
The City, by written notice, may terminate in whole or part any Contract resulting from
this invitation, 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. The City may, by written notice to the Contractor,
terminate thebid/contract if the contractor has been found to have failed to perform
his/her services in a manner satisfactory to the City. If the City elects to terminate this
contract, written notice will be given at least thirty (30) days in advance of the effective
date. In the event the contractor is found to be in default, the contractor will be paid for
all labor and materiali provided as of the termination date. No consideration will be
given for anticipated loss of revenue on the canceled portion of the contract.
2.9 CAPITAL EXPENDIMRES
Contractor understands that any capital expenditures that the firm makes, or prepares to
make, in order to perforrri the services required by the City of Miami, is a business risk
which the contractor must assume. The City of Miami will not be obligated to reimburse
amortized or unamortized capital expenditures, or to maintain the approved status of any
contractor. If contractor has been unable to recoup its capital expenditures during the
time it is rendering such services, it shall not have any claim upon the City of Miami.
Z10 COMPLIANCE 07TH ORDERSAND LAWS
Successful bidders and contractors shall comply with all local, state, and federal
directives, ordinances, rules, orders, and laws as' applicable to this bid/RFP and
subsequent contracting including, but not limited to:
2.10.1 Executive Order 11246,
which prohibits discrimination against any employee, applicant, or client
because of 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.
2.10.2 Occupational, Safety and Health Act (OSHA),
as applicable to this bid/RFP.
2.10.3 The State of Florida Statutes Section 287.133(3)(A)
on Public Entity Crimes.
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Promotional Exams RFP 97-98-001
2.10.4 Minority/Women Business Affairs Enterprise (M/WBE) City
Ordinance No. 10062,
as amended, as applicable to this bid/RFP.
2.10.5 Environment Protection Agency (EPA),
as applicable to this bid/RFP.
2.10.6 Uniform Commercial Code (Florida Statutes, Chapter 672),
as applicable to this bid/RFP.
2.10.7 Americam with Disabilities Act of 1990,
as amended.
2.10.8 First Source Hiring, City Ordinance No.10032,
as amended, as applicable to this bid. Implemented to foster the creation of
new, permanent jobs for City of Miami residents.
2.10.9 National Institute of Occupational Safety Hazzards (NIOSH),
as applicable to this bid.
2.10.10 National Forest Products Association (NFPA),
as applicable to this bid.
2.10.11 Local Preference Ordinance,
as applicable to this bid.
Lack of knowledge by the bidder/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.
2.11 CONFLICT OF INTEREST
Bidders/Proposers, by acceptance of this order, certify that to the best of their knowledge
or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this
Bid/RFP. Any such interests on the part of the Bidder/Proposer or its employees must be
disclosed in writing to the City. Further, you must disclose the name of any City
employee who owns, directly or indirectly, an interest of five percent (5%) or more of the
total assets of capital stock in the your firm.
2.12 COPYRIGHT OR PATENT RIGHTS
Bidders/Proposers warrant that there has been no violation of copyright or patent rights
in manufacturing, producing, or selling_ the goods shipped or ordered as a result of this
bid/RFP, and bidders agree to hold the City harmless from any and all liability, loss, or
expense occasioned by any such violation.
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rf Miami, Florida , ultant for Fire Captain and Chief Fire
2.13 DELIVERY
Exams
RFP 97-98-001
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of calendar days required to make delivery after receipt of purchase order in
space provided. Delivery time may become basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, unless
otherwise specified. The City reserves the right to cancel orders or any part thereof,
without obligation, if delivery is not made within the time(s) specified on the Bid Sheet
Form.
Time of delivery may be extended for a specific period when the cause of such delay is
beyond the control of the successful bidder/Proposef and provided that notice is given to
the City immediately upon knowledge of impending delay.
2.14 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars are provided for your guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place an order for any given amount
subsequent to the award of this bid/RFP. Estimates are based upon the City's actual
needs and usage during a previous contractual period. Said estimates may be used by the
City for purposes of determining the low bidder/Proposer meeting specifications. The
City reserves the right to acquire additional quantities at the prices bid in the RFP
Proposal.
ZIS FIRMPRICES
The bidder/Proposer warrants that prices, terms, and conditions quoted in his/her bid will
be firm for acceptance for a period of not less than 90 days from bid award unless
otherwise specified in the RFP. Such prices will remain firm for the period of
performance or resulting purchase orders or. contracts, which are to be performed or
supplied over a period of time. .
2.16 INDEMNIFICATION
The Contractor 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 Contractor shall become defendant in every suit brought for
any of such causes of action against the City or the City's officials, agents and
employees; the Contractor 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.
2.17 INSURANCE
Within ten (10) days after receipt of Notice of Award, the successful Contractor, if
required, shall furnish Evidence of Insurance to the Purchasing Department. Submitted
evidence of coverage shall demonstrate strict compliance to all requirements listed on the
attached form entitled "Insurance Requirements". The City shall be listed as an
"Additional Insured."
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 Invitation to Bid, the Contractor shall be verbally
notified of such deficiency and shall have an additional five (5) calendar days to submit a
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iMiami, Florida Consultant for Fire Captain and Chief Fire Officer Promotional Exams RFP 97-98-M
corrected certificate to the City.l If the Contractor fails to submit the required insurance
documents in the manner prescribed in this 1FB within fifteen (15) calendar days after
receipt of Notice of Award, the contractor may be in default of the contractual terms and
conditions and may not be awarded the contract. Under such circumstances, the Bidder
may be prohibited from submitting future bids to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Risk Management
Division, at (305) 416-1700.
2.18 INSPECTION OF BIDIRFP RESPONSES
Sealed bids received by the City pursuant to Invitations For Bid/RFP will not be made
available until such time as the City provides notice of a decision or intended decision, or
within 10 days after bid or bid opening, or receipt of RFP Proposals, whichever is earlier.
Z19 INVOICES
Shall contain purchase order number; work order number, if applicable; details of goods
delivered (i.e. quantity, unit price, extended price) or service(s) performed including
service data, number of labor hours for each worker, hourly rate(s) for each worker, total
employee hours billed, material/parts furnished, if any, and location of service. Copies
of invoices or other appropriate documentation including available receipts for
materials/parts purchased or supplied shall be provided for each job to support their
actual costs prior to reimbursement.
Z20 MANUFACTURER'S CERTIFICATION
The City reserves the right to request from bidders/Proposers a separate manufacturer's
certification of all statements made in the bid. Failure to provide such certification may
result in the rejection of bid/Proposal or termination of contract, for which the bidder
must bear full liability.
2.21 NONCONFORMANCE TO CONTRACT CONDITIONS
Items may be tested for compliance with specifications under the direction of the Florida
Department of Agriculture and Consumer Services or by other appropriate testing
Laboratories as determined by the City. The data derived from any test for compliance
with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes, 1971. Items delivered not conforming to specifications
may be rejected and returned at bidder's expense. These items and items not delivered as
per delivery date in bid and/or purchase order may result in bidder/Proposer being found
in default in which event any and all reprocurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's
name being removed from the City of Miami's bidder's list.
2.21.1 Default/Failure to Perform
The City shall be the sole judge of nonperformance, which shall include any
failure on the part of the successful Bidder/Proposer to accept the award, to
furnish required documents, and/or to fulfill any portion of this contract within
the time stipulated or within thirty (30) days, whichever is earlier.
Upon default by the successful Bidder/Proposer to meet any terms of this
agreement, the City will notify the Bidder/Proposer of the default and will
provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within
the required three (3) days shall result in the Contract being terminated under
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the thirty (30) day provision specified above and upon the City notifying the
contractor of its intentions. The following shall constitute default:
A. Failure to perform the work required under the Contract and within the time
required; or failing to use the subcontractors, entities and personnel as
identified and set forth, and to the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work rejected as
non conforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of
bankruptcy or insolvency, or making an assignment for the benefit of
creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance
with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material
respect.
All costs and charges incurred by the City as a result of an incurred default or a
default incurred beyond the time limits stated, together with the cost of
completing the work, shall be deducted from any monies due or which may
become due on this Contract.
Z22 NON-DISCRIMINATION
Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion,
national origin, marital status, or disability in connection with its performance under this
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise .qualified individual
shall solely by reason of his/her race, sex, color, age, religion, national origin, marital
status or disability be excluded from the participation in, be denied benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance.
In connection with the conduct of its business, including rendition of services and
employment of personnel, Bidder/Proposer shall not discriminate against any person on
the basis of race, color, religion, disability, age, sex, marital status or national origin. All
persons having appropriate qualifications shall be afforded equal opportunity for
employment.
L23 OCCUPATIONAL LICENSE REQUIREMENT
Any person, firm, corporation or joint venture, with a business location in the City of
Miami and is submitting a Bid/RFP Response under this Solicitation shall meet the City's
Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the
City of Miami Charter. Others with a location outside the City of Miami shall meet their
local Occupational License Tax requirements. A copy of the license must be submitted
with the Bid; however, the City may at its sole option and in its best interest allow the
Bidder to supply the license to the City during the evaluation period, but prior to award.
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2.24
2.25
PRICE ADJUSTMENTS
Any price decrease effectuated during the contract period either by reason of market
change or on the part of the contractor to other customers shall be passed on to the City
of Miami.
PRODUCT SUBSTITUTES
In the event a particular awarded and approved manufacturer's product becomes
unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the
bid price or lower, provided that a sample is approved beforehand and that the new
product meets or exceeds all quality requirements.
Z26 PROMPT PAYMENT
Bidders/Proposers may offer a cash discount for prompt payment; however, discounts
shall not be considered in determining the lowest net cost for bid evaluation.
Bidders/Proposers are required to provide their prompt payment terms in the space
provided on the Bid/RFP Information Form.
When the City is entitled to a cash discount, the period of computation will commence on
the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an
adjustment in payment is necessary due to damage, the cash discount period shall
commence on the date final approval for payment is authorized. If a discount is part of
the contract, but the invoice does not reflect the existence of a cash discount, the City is
entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from
successful bidders/Proposers during the term of the contract.
Z27 QUALITY
All materials used in the manufacturing or construction of supplies, materials, or
equipment covered by this bid shall be new. The items bid musi be the latest make or
model, of the best quality, and of the highest grade of workmanship.
Z28 RESOLUTION OF PROTEST
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in .writing to the Chief Procurement
Officer 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.
Bidders are alerted to Ordinance No. 11072 describing the protest procedures. Protests
failing to meet the requirements for filing shall not be accepted. NO EXCEPTIONS.
Z29 SAMPLES
Samples of items, when required, must be submitted within the time specified at no
expense to the'City. If not destroyed by testing, bidder(s)/Proposers will be notified to
remove samples, at their expense, within 30 days after notification. Failure to remove the
samples will result in the samples becoming the property of the City.
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2.30 SERVICE AND WARRANTY
Unless otherwise specified, the bidder/Proposer shall define any warranty, service and
replacements that will be provided. Bidders/Proposers must explain on the enclosed
Price Sheet to what extent warranty and service facilities are available.
Z31 SILENCE OFSPECIFICATIONS
The apparent silence of these specifications and any supplemental specification as to any
detail or the omission from it of detailed description concerning any point shall be
regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and -correct type, size and design are to used. All workmanship
is to be fast quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General
Services, to supply the items on this bid/RFP, the bidder/Proposer shall quote not more
than the contract price; failure to comply with this request will result in disqualification
of bid/RFP Response.
2.32 VARIATIONS OF SPECIFICATIONS
For purposes of bid/Proposal evaluation, bidders/Proposers must indicate any variances
from bid specifications and/or conditions, no matter how slight. If variations. are not
stated on the Price Sheet, it will be assumed that the product fully complies with the
City's specifications.
Z33 VENDOR REGISTRATION
It is. the policy of the City that all prospective bidders/Proposers complete a "Vendor
Application' indicating the commodities/services which the vendor can regularly supply
to the City for inclusion on the City's vendor/bidder's list Should a prospective bidder
not be currently listed on the City's vendor/bidder's list, a Vendor Application will be
enclosed with the Bid package. Vendors who have already submitted an application and
secured a vendor number from the City are not required to submit a new vendor
application.
If a bidder/Proposer submits a Bid or a "No Bid", a fully completed Vendor Application
should bereturned with the Bid documents or the "No Bid" form. Completed Vendor
Applications will be added to the City's vendor/bidder's list. A Purchase Order will
not be issued by the City unless the successful Bidder has completed this application.
For any questions, contact the Vendor Registration Section at (305) 416-1906.
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City of Miami, Florida Consultant for Fire Caytain a„d Chief Fire Officer Promotional Exams RFP 97-98-001
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3.0 SPECIAL CONDITIONS
3.1 SCOPE AND PURPOSE:'
It is the intention of the City of Miami to seek the services of a personnel selection consultant to
develop and implement two (2) customized examination processes, one being a parallel form to
be administered within one year of the first exam, for the classification of Chief Fire Officer, as
well as to develop and implement two (2) customized examination processes, one being a parallel
form to be administered within one year of the first exam, for the classification of Fire Captain,
on behalf of the Department of Human Resources.
3.2 TERMS 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 contract shall be effective for an initial six (6) month period, commencing on the
date established in the executed contract, withthe option to extend for. three (3)
additional six (6) month periods at the sole discretion of the City and at the same terms,
conditions, and fees by giving successful Proposer prior written notice. Continuation of
the contract beyond the initial period is a City prerogative, not a right of the Proposer.
This prerogative will be exercised only when such continuation is clearly in the best
interest of the City.
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
successful Proposer.
c) The City sha1T have the right to terminate the Contract, for any reason whatsoever or at
any time, upon 30 days prior notice to Proposer.
33 CONTRACT AWARD AND CITY'S RIGHTS:
The City reserves the right to evaluate'each proposal on both a technical and on a compensation
basis. The selected proposal shall be one that the City determines, in its reasonable judgment, to
be more complete and in the overall best interests of the City of Miami based on the evaluation
criteria included in this RFP, which includes an evaluation of factors such as Proposer's firm's
qualifications, test suggestions, implementation strategies, and other factors as indicated in
Section 3.22. A recommendation to award a contract to a Proposer shall be made by a Selection
Committee to the City Manager. The decision to award a contract shall be made by the City
Commission.
The City shall negotiate and execute a Contract pursuant to action taken by the City Commission
at a duly held meeting.
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While the City Commission may determine to enter into a Contract with a Proposer under this
RFP, said Contract may be conditional on the subsequent submission of other documents as
specified within this solicitation.
The successful Proposer 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 until the Contract is executed by both parties.
The City also reserves the right to waive any informalities, irregularities and technicalities in
procedure at its sole discretion.
The City reserves the right, before entering into the Contract, to require a Proposer to submit such
evidence of itsthis/her qualifications as it may deem necessary. The City may consider any
information available to it with respect to financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience) with other governmental
agencies or the operation of similar facilities prior to executing the Contract.
FAILURE TO PROVIDE ALL INFORMATION REQUESTED MAY BE CAUSE FOR
REJECTION OF PROPOSAL.
3.4 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 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 this contract by the City Manager shall constitute evidence of its
approval by the Oversight Board. �
3.5 MQNIMUM PROPOSER QUALIFICATIONS:
The following are the minimum qualifications for Proposers pursuant to this solicitation. Failure
to meet the following shall deem Proposer non -responsive.
A. Proposer shall be in the business of providing goods and/or services as described in this
proposal; that have a record of performance for a reasonable period of time; and that
have sufficient financial support, equipment and organization to insure that they 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 to submit
such evidence of his/her qualifications as it may deem necessary and 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. Have no record of criminal activities and not have any conflicts of interest which may be
of embarrassment to the City.
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D. Proposer shall not have any member, officer, or stockholder that is in arrears or is in
default of any debt or contract involving the City, is a defaulter surety otherwise, upon
any obligation to the City; and/or has failed to perform faithfully on any previous
contract with the City.
3.7 ACCEPTANCE/REJECTION:
The City of Miami reserves the right to reject any and/or all proposals and to select the proposal,
which in the opinion of the City, will be in the best interest of, and/or most advantageous to, the
City. The City of Miami also reserves the right to reject the proposal of anyProposer who has
previously failed in the proper performance of an award, or who is not in a position to fully
perform under the terms of this RFP. The City of Miami reserves the right to waive any
irregularities and/or technical defects and may, at its discretion, re -advertise the RFP.
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 the Services covered herein. Lack of knowledge by the
Proposer shall in no way be cause for relief from responsibility.
3.9 DEFAULT:
In the event Proposer defaults, as determined by the City, in the performance of any of the
provisions of the Contract, the City shall have the following options, and its choice of any option_
shall in no way waive its right to select any other option at any time:
1. City may give the Proposer written notice of such default. If the Proposer does not cure
said default within thirty (30) days in the event of a non monetary default and within
seven (7) days in the event of a monetary default after written notice was given or take
reasonable progress to cure said default, City may terminate the Contract, and/or City
may recover at law any and all claims which may be due the City; and/or
2. City may perform such work as it deems necessary to cure said default and charge the
Proposer for the full cost of labor and materials expended.
Further, in the event the successful Proposer fails to execute' the Contract, or fails to furnish
required documentation, and/or fulfill any conditions of the RFP within the time stipulated for
performance (or, if no time is stipulated, within 30 days following a request by authorized City
personnel of any data it is required to provide), then the City may disqualify such successful
Proposer and collect from said Proposer all reprocurement costs and expenses. Additionally, the
successful Proposer may be debarred or suspended from future City bids/proposals.
3.10 CANCELLATION
The City Manager by written notice may terminate in whole or part any Agreement resulting
from this invitation, 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.
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3.11 ASSIGNMENT
The Contract shall not be transferred, conveyed, assigned, or disposed of, in whole or in part,
without the prior written consent of the City, which may be withheld or conditioned, in the City's
sole discretion.
3.12 PRICING AND PAYMENT
Pricing established herein shall prevail for the term of the contract. Payment shall be made for
work performed/items delivered upon submission of properly certified invoices and once work
has been approved by the City. No advanced payments of any kind will be made by the City of
Miami.
3.13 PERSONNEL
The Proposer represents that it has, or will secure at its own expense, all necessary personnel
required to perform the stated services. Such personnel shall not be City employees or have any
contractual relationship with the City.
All of the services required hereunder shall be performed by the Proposer or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
The proposer warrants that all services shall be performed by skilled and competent personnel to
the highest professional standards and as required by applicable State of Florida departments.
Proposer remains liable for work performed by its personnel.
3.14 VARIANCE
All Proposers must indicate any variance to the performance specifications, terms and conditions,
no matter how slight. If variations are not stated in the Proposal, it shall be construed that the
Proposal fully complies with the performance specifications, terms, and conditions.
3.15 MINORITY PROCUREMENT 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 5-1 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, having a net worth not in excess of
$2,000,000 and twenty-five (25) or less employees."
To achieve the goal established by this Ordinance, participation in providing goods and services
to the City by minorities is being encouraged in a number of ways. All vendors doing business
with the City are encouraged to include the participation of minority firms in their proposals. In
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evaluating Proposals, minority participation may be a factor. Failure to adequately involve
minority firms may be a basis for rejecting a Proposal.
Acceptable ways for minority participation in this Proposal are:
1. Joint venture with a minority firm(s). (Must be evidenced by a copy of joint venture
agreement submitted with Proposal).
2. Utilizing minority firm(s) as subconsultant(s).
3. Other forms of minority participation, if -properly documented. City will solely determine
acceptability.
Proposers may contact the City for copies of Ordinance No. 10062 and amendments.
Additionally, a special information sheet has been provided to assist Proposers in presenting
information concerning minority participation.
Minority business firms are required to be certified with the City in order to be considered
certified as a minority firm for the purposes of evaluation by the Selection Committee. The
Procurement Office will provide the necessary forms and instructions upon request, and contact
can be made with Ms. Anita Moore at (305) 416-1913.
Should a Proposer elect to joint venture, joint venture parties must provide at the time of Pioposal
submittal a copy of the executed joint venture agreement, evidencing the percentage of the work
and/or dollar amount of contract to each joint venture party. In addition, all qualifying
information to be provided by Proposal shall also be provided by the joint venture firm.
Proposer shall include in response to this RFP its approach to attempt to meet the goals set forth
in the aforementioned City ordinance.
ALL PROPOSERS ARE URGED TO SUBMIT PROPOSALS FOR ANY GOODS OR
SERVICES THAT THEY ARE ABLE TO SUPPLY, REGARDLESS OF MINORITY
CLASSIFICATION. However, compliance with all requests for information regarding Minority
Status or Participation is required. Proposer's cooperation is greatly needed to aid the City in
achieving its goal.
A certified affidavit of the extent to which the business enterprise has as one or more of its
partners or principals persons who are Black, Hispanic, or Women shall be provided.
Each Proposer shall also submit along with the Proposal an Affirmative Action Plan (AAP). Any
significant equity participant, joint venture participants, or subcontractors (if any), shall also be
required to submit such Plans.
3.16 CONFLICT OF INTEREST
Proposer covenants that no person employed or to be employed by it for the performance of
services hereunder exercises any functions or responsibilities in connection with this RFP or has
any personal financial interests, direct or indirect, with the City. The successful Proposer shall
further covenant that, in the performance of the Contract, no person having a conflicting interest
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shall be employed. Any such interests in the part of the Proposer or its employees must be
disclosed in writing to the City.
Proposer is aware of the conflict of interest laws of the City of Miami; Dade County, Florida; and
the State of Florida, and agrees that it shall fully comply in all respects with the terms of said
laws.
3.17 SUB -CONTRACTING
The successful Proposer shall not sub -contract or assign any part of this contract without prior
authorization from the City of Miami.
3.18 INSURANCE
The successful Proposer shall be required, at its/his/her own expense, to furnish to the City of
Miami Chief Procurement Officer within ten (10) days of notification of award, evidence that it
has obtained as a minimum, insurance coverage as indicated on the attached from which shall be
in force and maintained throughout the duration of the contract_
The City shall be furnished proof of coverage of insurance by Certificates of Insurance and shall
be listed as an Additional Insured for General Liability if awarded subsequent Contract.
Proposer shall demonstrate strict compliance to all requirements listed on the enclosed form
"Insurance Requirements," and shall return the signed form with Proposal.
3.19 INDEMNIFICATION
The successful Proposer shall defend, indemnify and save harmless the City of Miami and all its
officers, agents, and employees from all suits, actions, or other claims of any character, name and
description brought for or on account of any injuries or damages received or sustained by any
person, persons, or property on account of any negligent act or fault of the successful proposer,
or of any agent, employee, subcontractor or supplier in the execution of, or performance under,
any contract which may result from the award of proposal. Successful proposer shall pay any
judgments with cost which may be obtained against the City of Miami growing out of such
injury.
3.20 CAPITAL EXPENDITURES
Proposer understands that any capital expenditures that the Proposer makes, in order to perform
the services required by the City specified in this RFP, is a business risk which Proposer shall
assume. The City shall not be obligated to reimburse amortized or unamortized capital
expenditures, any other expenses, or to maintain the approved status of the Proposer. If Proposer
has been unable to recoup its capital expenditures during the time it is rendering such services, it
shall not have any claim upon the City.
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3.21 AUDITING OF RECORDS:
The successful Proposer's books and records as they. relate to the anticipated contract. must be
made available for inspection and audit upon receipt of three (3) days prior written notice from
the City and remain available for City or other applicable sources for inspection for at least three
(3) years following the expiration of the contract.
3.22 PROPOSAL SUBNIISSION:
The following documentation shall be included as a minimum in the Proposal and submitted to
the City. Please refer to the Specifications, Sections 4.1 and 4.2 regarding the City's
requirements. Each of these required elements must be fully addressed in writing in Proposal.
A. Proposal: Proposer shall submit a Proposal expressing its interest in providing the
services described herein. Each proposal must contain the following. Failure to provide all
requested documentation may deem the proposal as non -responsive. Proposers should
carefully follow the instructions outlined below, particularly with respect to the format. and
number of pages allotted to each topic, if any. Failure to follow these instructions may deem a
proposal to be non -responsive and may be considered grounds for excluding a proposal from
further consideration. You are not required to prepare a lengthy or wordy document.
The response to this solicitation shall he presented in the following format Failure to do so
may deem your Proposal non -responsive
L EXECUTIVE SUi?1BIARY OF SERVICES TO BE PROVIDED
Include the name of the organization, business phone and contact person. Provide
a summary of the work to be performed by Proposer.
2 PROPOSER'S ORGANIZATION
Describe your firm.'s organizational history and structure and indicate if contracts
were previously awarded by the City. Provide a list of all principals, owners or
directors. Submit a summary listing of all full-time employees classified by name,
occupational title, and race/ethnicity/gender. Indicate the location where the work
will be performed should Proposer receive award along with the location of the
principal office of Proposer.
3. ELEMENTS WHICH MUST BE DISCUSSED IN DETAIL IN PROPOSAL
INCLUDE THE FOLLOWING:
a. Clearly describe the members of the consulting team and its interest in performing
the required professional services.
b. State in detail the experience of the firm as it relates to projects of similar complexity
and scope.
c. Provide a summary of testing process suggested, and administration/implementation
plan for both classifications.
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d. Provide a detailed summary of previous relevant experience to include an
explanation of the content validity process to be utilized linking the City's Job
Analyses (see Attachments A & B) to the examination processes suggested,
explanation of scoring methodology for examination processes, and sample exercises
when applicable to the examination processes suggested. Clearly state Fire -related
experience.
e. Provide a detailed Qualifications summary of the firm as it relates to project.
f. Detail the Timetable for project completion including benchmarks.
g. Provide a List of current and previous clients. The City reserves the right to contact
these clients as part of the evaluation process.
h.. Detail the names of individuals to be assigned to this project, the amount of time each
will be assigned to the project, their qualifications including academic credentials,
project roles and ethnic and gender. identification.
i. Provide a summary of all litigation experience in which the Proposer served as an
expert witness in employment -related testing.
j. List all lawsuits and its disposition filed against theProposer and/or Proposer's firm
or agency relating to employment testing. Include any and all outcomes of said
litigation if lawsuit resolved. I
B. Letters of Reference: Provide as a minimum two (2) Letters of Reference on firm
letterhead from entity(s) whom Proposer has provided a similar service. The content of
these letters may be verified for authenticity and quality of performance.
C. Proof of all required Insurance: Required to agree to requirement Proposer intends to
comply with Insurance Requirements should award be made to Proposer. City to be listed
as an Additional Insured for General Liability upon award.
D. Affirmative Action Policy and Minority Participation: Provide all policies on affirmative
action of Proposer and detail how Proposer anticipates to include the participation of
minorities and work in the work to be performed by the City.
E. Minority/Women Business Certification: Proposer shall provide documentation that its
firm is owned by at least 5 1 % minority/female, and has been certified as such by the City
of Miami for evaluation purposes.
THE FOLLOWING MUST BE SUBMITTED SEPARATE FROM THE PROPOSAL IN A
SEALED ENVELOPE. FAILURE TO DO SO WILL DEEM THE PROPOSAL NON-
RESPONSIVE.
F. Fee Proposal: (Considered as Phase # 2). Include all costs to be charged to the City by
Proposer on to provide said services for both Fire and Fire Captain. This information
must be individually itemized and presented as individual totals for each of the two (2)
classifications. Failure to provide this information will deem the Proposal submitted as
non -responsive.
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3.23 METHOD OF SELECTION/SELECTION CRITERIA
Following the opening of the Proposals, the proposals will be reviewed to determine
responsiveness. Proposals deemed responsive and responsible will be evaluated by an
Evaluation/Selection Committee appointed by the City. This Committee may be comprised of
appropriate City staff from multiple departments, and members of the community as deemed
necessary, with the appropriate experience and/or knowledge, striving to ensure that the
committee is balanced with regard to both ethnicity and gender to the greatest possible extent.
The contract award will be based on two (2) separate phases: Technical (Quality) covering
various areas representing Phase # 1, and Price, representing Phase #2. Proposers shall ensure
that each phase is placed into two (2) separate sealed envelopes, and each sealed envelope
shall be clearly marked as to contents, that is, (1) Technical Proposal, and (2) Cost
Proposal.
Phase # 1
For the Technical Phase, the Evaluation/Selection Committee will first evaluate and rate all
proposals on the Technical (Quality) criteria listed below. The criteria are itemized with their
respective weights for a maximum total of 100 points for all Technical criteria. AProposer may
receive the maximum points or a portion thereof depending on the merit of its proposal, as judged
by the Committee. The Technical criteria shall include the following:
Proposer's Experience
Firm's Qualifications
Description of Proposed Testing Processes
Implementation Strategy
Ability to Perform Work within the ContractTime Frame
Work Samples
Local Preference, if applicable
Affirmative Action and M/WBE Certification
TOTAL: 100 points
Upon the completion of the Technical evaluation Phase #1, including the rating and.ranking, the
Committee may choose to conduct oral presentation(s) with the Proposer(s) which the
Evaluation/Selection Committee deems to warrant further consideration based on the best rated
proposal providing the highest quality of service to the City of Miami; scores in clusters;
significant breaks in scoring; and/or for the purpose of maintaining competition. Upon
completion of any oral presentation(s), if applicable, the Committee may re-evaluate, re -rate, and
re -rank the proposals remaining in consideration based upon the written documents combined
with the oral presentation of Proposer, if applicable.
Phase # 2:
After the Evaluation/Selection Committee re-evaluates proposals following an oral presentation,
if applicable, the Committee will then evaluate the Price proposals (Phase # 2) of thoseProposers
remaining in consideration. The Price proposal submission will be assigned a maximum of 20
points.
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97- 799 31
'Miami, Florida C .�sultant for Fire Captain and Chief Fire Officer Pro» nal Exams RFP 97-98-001
Price will then be evaluated in the following manner:
The responsive Proposal with the lowest total price will be given the maximum number
of points.
2.. Every other proposal will be given points proportionately in relation to the lowest price.
This point total will be calculated by dividing the lowest price by the total price of the
proposal being evaluated with the result being multiplied by the weight (20 points) to
arrive at a cost score of less than the full score for price.
The application of the above formula will result in a uniform assignment of points relative to the.
criteria of price.
Lowest Price Proposed Total Points
Example: Proposer's Proposed Price X for Price = Points
A local preference factor may be considered in both phases of the evaluation process, for a
maximum of 10% of the total available points, as determined by the Committee.
The Evaluation/Selection Committee will then determine the overall ranking -by adding the Price
proposal evaluation score (Phase #2) with the Quality score (Phase # 1).
The Committee shall make a recommendation for award to the City Manager that a contract be
negotiated with the highest ranked Proposer. The City Manager may accept or reject the
recommendation by the Selection Committee. Should the City Manager accept the
recommendation, the recommendation shall be made to the City Commission, who shall accept or
reject the recommended Proposer(s). The City bears no liability for its decision regarding the
acceptance or rejection of the top ranked and recommended Proposer(s)..
Should the City Commission make the award, the City shall enter into negotiations with the
successful Proposer and shall prepare a Professional Services Agreement to be executed between
the City of Miami and the successful Proposer.
The City reserves the right to reject any and any and all submittals for any reason, and reserves
the right to waive any defect, and to accept any proposal deemed to be in the best interest of the
City.
The City further reserves the right to negotiate with each Proposer.
The Proposer(s) shall be obligated to furnish to the City all information and/or data for this
purpose as the City may request.
3.24 SUBAUSSION OF DOCUMENTS:
The following Documents must be included in your response to this RFP with the name and
number of this RFP No. 97-98-001 Consultant for Fire Captain and Chief Fire Officer
Promotional Exams.
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32 97= 799
City of Miami, Florida Consuitarit for Fin Captain and Chief Fire Officer Promotional Exams RFP 97-98-M
Failure to provide all requested information and documentation may deem your proposal non-
responsive.
a) Executive Summary regarding the work to be performed according to specifications
b) Complete Proposal Response to all request for information pursuant to Section 3.22
c) Current Copy of Occupational License or similar proof of legal establishment and all
Licenses.
d) Proof of Insurance / Acknowledgment
e) M/WBE Participation Compliance Form
f) Minority/Women Business Affidavit
g) Affirmative Action Policy/Plan
h) Primary Office Location Affidavit
i) Public Entity Crimes Affidavit
j) Debarment and Suspension Certificate
k) List of subconsultant(s), if applicable
1) At least two (2) Letters of Reference on Firm Letterhead
m) Any other additional pertinent information relative to this solicitation.
THE FOLLOWING TO BE PROVIDED IN A SEPARATE ENVELOPE AND
NOT AS PART OF PROPOSAL AND CLEARLY IDENTIFIED AS COST
PROPOSAL - PHASE # 2.
n) Costs to.provide all Services specified within solicitation on a per activity basis.
FAILURE TO SUBMIT ANY OR ALL OF THE ABOVE DOCUMENTATION MAY
DEEM YOUR PROPOSAL TO BE NON -RESPONSIVE.
3.25 COPIES REQUIRED:
Each Proposer is required to submit one (1) original and at least seven (7) complete copies of the
Proposal response. The City will not be responsible for any expense incurred by Proposer in
preparing and submitting the Proposal. Sealed Proposals must be clearly marked with the
following information indicated on the outside of the RFP envelope/package: "RFP No. 97-98-
001 Consultant for Fire Captain and Chief Fire Officer Promotional Exams. Proposals
shall be submitted no later than Monday, October 20,1997 at 10:00 a.m. and be addressed and
delivered to:
Mr. Walter Foeman, City Clerk
City of Miami
CITY CLERK'S OFFICE
First Floor
3500 Pan American Drive
Miami, Florida 33133
ALL PROPOSALS MUST BE SUBMITTED ON OR BEFORE THE ABOVE PROPOSAL
OPENING DATE. ANY ENVELOPES WITH PROPOSALS RECEIVED AFTER THE
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97— 799 33
(Miami, Florida Cqamultant for Fire Captain and Chief Fire
Exams RFP 97-98-M
STATED OPENING DATE AND TIME SHALL BE REJECTED AND WILL BE
RETURNED UNOPENED. COSTS FOR SERVICES SHALL BE SUBMITTED WITH
PROPOSAL BUT IN A SEPARATE SEALED ENVELOPE.
3.26 INQUIRIES:
Any questions regarding this Proposal should be directed in writing to the Chief Procurement
Officer, 444 S.W. 2nd Avenue, 6th Floor, Miami, Florida 33130. Proposers requiring
clarification or interpretation of the RFP shall make a written request to the City Contact Person
on or before the close of business on October 9, 1997. 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. Questions regarding the
process. for this RFP should be directed to Ms. Pamela Bums, Sr. Procurement Contracts Officer,
at (305) 416-1905
3.27 CONTRACT ADNIINISTRATOR:
The Contract Administrator for this contract shall be:
Mary Leckband
City of Miami
Division of Testing & Validation
444 SW 2nd Avenue
Miami, Florida 33130
Phone: (305) 416-2114
Fax: (305) 416-2115
3.28 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 aProposer is interested in more than one (1)
Proposal, all Proposals in which such Proposer is interested and has submitted to the,City will be
rejected.
3.29 VENDOR REGISTRATION:
It is the policy of the City that all prospective Bidders and/or Proposer's complete a "Vendor
Application" indicating the commodities / services which the vendor can regularly supply to the
City for inclusion on the City's vendorlbidder's list. Should a prospective bidder /proposer not
be currently listed on the City's vendor/bidder's list, a Vendor Application will be enclosed with
the Bid package. Vendors who have already submitted an application and secured a vendor
number from the City are not required to submit a new vendor application.
If a Bidder/Proposer submits a Bid or a "No Bid," a fully completed Vendor Application should
be returned with the Bid documents or the "No Bid" form. Completed Vendor Applications will
be added to the City's vendorlbidder's list. A Purchase Order will not be issued by the City
unless the successful Bidder/Proposer has completed this application. For any questions,
contact the Vendor Application Section at (305) 416-1906.
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34 97- 799
Miami, Florida Consultant for Fire Captain and Chief Fire Officer Promotional Exams RFP 97-98-M
•
ANTICIPATED SCHEDULE OF EVENTS
The anticipated schedule for this RFP and subsequent Agreement is as follows. All dates are
subject to change.
RFP available for distribution
Proposal Due Date
1 St Meeting of Selection Committee
Evaluation / Selection process
by Selection Committee
City Approval approval/rejection
Anticipated Commencement Date
24
DATE
September 19, 1997
October 20, 1997
October 23, 1997
October 30, 1997
November 11, 1997
Upon execution of Contract & approval
Oversight Board
35
City of Miami, Florida fdWultantfor Fire Captain and Chief Fire Officer ProglibmI Exams REP 97-98-M
4.0 SPECIFICATIONS
4.1 SCOPE AND PURPOSE
The City of Miami is seeking the services of a personnel selection consultant to develop and
implement two (2) customized examination processes, one being a parallel form to be
administered within one year of the first exam, for the classification of Chief Fire Officer, as well
as to develop and implement two (2) customized examination processes, one being a parallel
form to be administered within one year of the first exam, for the classification of Fire Captain,
on behalf of the Department of Human Resources.
The promotional process will consist of the customized examination processes for both Chief Fire
Officer and Fire Captain, and seniority credit for time -in -grade. The examination processes will
have a weight of 80% for each classification. Seniority credit has a weight of 20% for each
classification, as pre -determined by IAFF Union contract with the City of Miami. Approximately
40 candidates are expected to participate in the Chief Fire Officer's examination process, and 100
candidates are expected to participate in the Fire Captain's examination process.
The testing procedures for both classifications shall fulfill the following Objectives:
1. It must be directly job related.
2. It must be perceived as fair and objective (high face validity).
3. It must be standardized to ensure equivalency across candidates.
4. It must be developed with input from staff from the Department of Fire -Rescue, the City's
expert consultant, the Department of Justice expert, and the Department of Human
Resources. '
5. It must entail multiple assessment measures.
6. It must meet the federal Uniform Guidelines on Employee Selection Procedures and current
professional standards.
The Successful Proposer must be qualified and experienced in Fire promotional system design
and implementation.
The testing procedures for both classifications shall fulfill the following Objectives:
1. It must be directly job related.
2. It must be perceived as fair and objective (high face validity).
3. It must be standardized to ensure equivalency across candidates.
4. It must be developed with input from staff from the Fire Department, the City's expert
consultant, the Department of Justice expert, and the Department of Human Resources.
5. It must entail multiple assessment measures.
6. It must meet the federal Uniform Guidelines on Employee Selection Procedures and current
professional standards.
25
36 �'�- 799
(Miami, Florida Consultant for Fire Captain and Chief Fire Officer Promotional Exams RFP 97-98-M
• i
The Successful Proposer must be qualified and experienced in Fire promotional system design
and implementation.
4.2 PROJECT REQUIREMENTS
The Successful Proposer shall:
1. Develop no less than three examination exercises that are appropriate to directly measuring
the knowledge, skills and abilities necessary to perform the job functions per classification.
Consultant will have input from Fire Department staff, the City's expert consultant, and the
Department of Justice expert in the development of examination measures.
2. Identify percentage of job domain measured by the customized examination processes for
both classifications. Identify area(s) of job domain not measured by -the examination
processes and identify appropriate measures for assessing that portion of job domain for each
classification.
3. Proposer and Proposer's firm or agency shall be present to administer the examination
processes for each classification. Location of test sites is the responsibility of the City. City
staff may also be utilized as proctors for the examination processes for each classification.
4. Proposer and Proposer's firm or agency shall score the examination processes and generate
descriptive statistics such as means and standard deviation for each classification. Consultant
shall analyze the scores from both examination processes to determine if group means differ;
on ethnic groups and/or gender, and to what extent for each classification.
5. Proposer shall recommend cutoff points on the customized examination processes for each
classification. The City's expert consultant and. Department of Justice expert will be
involved in all stages of examination development and implementation, and reserve the right
to review the recommended cutoff point for the processes of both classifications:
6. Proposer shall provide on -site orientation program to ensure all candidates receive uniform
information for each classification. This phase will include written guidelines and rules that
will govern the administration of examination processes for each classification.
7. Proposer shall select, obtain and train individuals from the fire protection community to serve
as assessors for each classification process, if applicable to examination process.
Appropriate ethnic and gender representation must be present among assessors for each
classification. The training of the assessors and the ethnic and gender background making up
the assessor panel must be approved by the City's expert consultant, the Department of
Justice expert, and the Department of Human Resources for each classification process. The
City reserves the right to have representation present at any and all processes that involve
assessors, including but not limited to training sessions, orientations, selection proceedings,
and assessment processes. The same group of assessors must be used to assess everyone
participating in the assessment center for each classification.
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97- 799 37
%Miami, Florida I
Fire Captain and Chief Fire Officer Pronliknal Exams RFP 97-98-001
8. Proposer shall select, obtain and train individuals to serve as role players, if applicable to the
examination processes for each classification. Appropriate ethnic and gender representation
should be present among the role players for each classification process.
9. Proposer shall video tape the examination processes or exercises, if applicable to the
examination processes (e.g., assessment center exercises) and conduct ratings from video
tape for each of the classifications.
10. The Proposer shall provide candidates from each classification feedback to include a written
profile of candidate's performance from their examination processes, and a plan for
improving performance that shall be developed from the score of the candidate from both
classifications.
11. The Proposer shall provide to the Department of Human Resources statistics stating the
content validity of the examination processes for each classification. Actual scores and
validity statistics must be provided by the Proposer to the City upon request for. each
candidate in each classification.
12. Use the recently conducted Job Analysis by the City's expert for the classifications of Fire
Captain and Chief Fire Officer, and generate separate content validity reports linking the
examination processes to the job analysis results for each classification consistent with the
Federal Uniform Guidelines on Employee Selection Procedures and current professional
standards. Refer to Attachments A and B.
The Successful Proposer shall, as part of a contract with the City, agree to appear on the City's
behalf as an expert witness in the event of any litigation arising from examination processes for
each classification. The Proposer agrees to appear for a total time of three (3) days ranging from
approximately three (3) to eight (8) hours per day pereach classification, not including travel
time, without any additional financial costs to the City. After the three (3) days has been utilized
per classification, the successful Proposer shall be allowed to charge the City his or her
reasonable daily rate at time of contract for any additional days for the services relating to
litigation and/or appearing as an expert witness; said appearance and resulting costs have to be
approved by the City in advance of travel. Reasonable travel expenses, a rental car allowance,
hotel accommodations, and a meal allowance for appearances arising from litigation shall be paid
to the successful Proposer by the City as additional costs once approved by the City.
4.3 PROJECT SCHEDULE:
Project Schedule: Work is anticipated to begin immediately upon execution of the contract and
approval by the Oversight Board, and will proceed for an initial term of six (6) months.
4.4 FEE STRUCTURE
All costs to provide the total services delineated herein must be broken down on a per activity
basis (e.g., information gathering, development of assessment measures, assessment center
administration, scoring, report development, travel and accommodations, daily rate of
compensation for appearance, etc.) as well as the overall total cost to develop and implement
27
9.1
97- 799
Miami, Florida Consultant for Fire Captain and Chief Fin Officer Promotional Exams RFP 97-98-M
•
each customized examination process for Fire Captain, and each customized examination process
for Chief Fire Officer.
Payments to the successful Proposer will be paid based on completion of project benchmarks to
the complete satisfaction of the City. Proposer must submit proposed benchmarks with RFP
Response for project completion. The benchmarks will serve as the anticipated schedule of
payments until the completion of all required services to the City's satisfaction.
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97_ 799 39
f Miami, Florida
Fin Cavtain and Chief Fire
Exams RFP 97-98-M
5.0 INSTRUCTIONS
Proposal No. 97-98-001
Intent
Request for Proposals
CONSULTANT FOR FIRE CAPTAIN AND CHIEF FIRE OFFICER
PROMOTIONAL EXAMS
The intent of this Request for Proposal is to solicit proposals from a qualified Proposer
for the administration of a Fire Captain and Chief Fire Officer promotional exams.
Preparation of the Request for Proposals
Proposers are expected to examine all related documents. Failure to do so is at the
proposer's risk. Each proposer shall furnish the information required by the Request for
Proposals. The proposer shall sign his/her proposal and print or type his/her name,
address, and telephone number on the face page, and each continuation sheet must be
identified with firm's name.
The proposer must state a definite time for completion of the work from the time the.
award is made.
The proposer shall retain a copy of all documents for future reference. All proposals
must be signed with the company or firm's name and by an officer or employee having
authority to bind the company or firm by his or her signature.
Submission and Receipt of Proposals
One (1) original and Seven (7) copies of the proposal shall be enclosed in a sealed
envelope or carton and delivered in person, by messenger, or by U.S. mail to:
Walter Foeman, CPPO
City Clerk
City of Miami
3500 Pan American Drive
Miami FL 33133
Proposals will be received no later than:
Time: 10:00 a.m.
Date: October 20, 1997
Location: Miami City Hall
29
40
97- 799
Miami, Florida
Consultant for Fire
and Chief Fire Officer Promotional Exams RFP 97-98-M
City Clerk's Office, I" Floor
3500 Pan American Drive
Miami FL 33133
Telegraph proposals will not be considered; however, proposals may be modified by
telegraph notice provided such notices are received prior to the hour and date specified in
the Request for Proposals.
Late proposals will be not be considered.
Failure to follow the instructions in the Request for Proposals is cause for rejection of
offer.
Explanations to Proposers
Explanations or instructions shall not materially alter the Request -for Proposals unless
they are in writing. Oral explanations or instructiont given before the award of a contract
will not be binding. If necessary, a written addendum to the Request for Proposals will
be issued to all prospective proposers.
Time of Completion
The time of completion of work is of great importance to the City. Work is to continence
when the successful proposer(s) is given written notice to proceed.
The proposer is to furnish sufficient forces and equipment to allow the completion of the
work within a reasonable length of time.
Acceptance of Offer
The signed proposal shall be considered an offer on the part of the proposer. Such offer
shall be deemed accepted upon execution of a signed contract.
Criteria for Acceptance of Proposal
Proposals will be evaluated by a selection committee based upon the Evaluation Criteria
specified within the RFP.
In order to qualify as responsible, a Proposer must meet all the criteria and provide
required information/documentation as indicated within this solicitation regarding this
Request for Proposal.
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97- 799 41
Miami, Florida Consultant for Fire Captain and Chief Fire Officer Proanktional Exams RFP 97-98-001
Proposal Evaluation Procedure
The proposals will be evaluated based on the factors set forth in the Request for Proposal.
Discussions may be conducted with these proposers to further clarify the City's
requirements and the offeror's proposals. - Proposers may be required to make oral
presentations and/or provide demonstrations.
The City may award a contract on the basis of initial proposals received, without
discussions. Therefore, each initial proposals should contain the proposer's best terms
from a cost or price and technical standpoint.
Award of Contract
Subsequently, this item will be recommended for award to the City Commission, who
shall make the award 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. The City reserves the right to negotiate with the
successful Proposer or any other Proposer.
Modification or Withdrawal of Proposal
An offer may not be modified, withdrawn, or canceled by the offeror for 150 days
following the time and date designated for the opening of proposals, and the offeror so
agrees in submitting his proposal. Final system .price and configuration may change
based on final system review. These changes do not constitute a modification of the
proposal response.
Discrepancies, Errors and Omissions
Any discrepancies, errors, or ambiguities in the Request for Proposals or addenda (if any)
should be reported in writing to the City's Purchasing Department. Should it be found
necessary, a written addendum will be incorporated in the Request for Proposals and will
become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
Rejection of Proposal
The City shall have the right to reject any or all proposals and in particular, to reject a
proposal not accompanied by any required bid security or data required by the
Solicitation documents, or a proposal in any way incomplete or irregular. The City will
disregard typographical, mathematical, or obvious errors. The City will not pay costs
incurred by any proposer in the preparation of proposals.
31
42
97� 799
City of Miami, Florida Consultant for Fire Captain and Chief Fire Officer Promotional Exams RFP 97-98-001
Disqualification
The City reserves the right to disqualify proposals before or after opening, upon evidence
of collusion with intent to defraud or other illegal practices on the part of the proposer.
Execution of Contract
The individual, firm, or corporation to which the contract has been awarded shall enter
into an agreement with the City. No contract shall be considered binding upon the City
until it has been properly executed.
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
proposal number marked on the outside.
"Trade secret" means the whole or any portion or phase of any formula, pattern, device,
combination of devices, or compilation of information which is for use, or is used, in the
operation of a business and which provides the business an advantage, or an opportunity
to obtain an advantage, over those who do not know or use it. "Trade secret" includes
scientific, technical, or commercial information, including any design, process,
procedure, list of suppliers, list of customers, business code, or improvement thereof.
Irrespective of novelty, invention, patentability, the state of prior art, and the level of skill
in the business, art, or field to which the. subject matter pertains, a trade secret is
considered to be:
1. Secret;
2. Of value;
3. For use or in. use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain an advantage,
over those who do not know or use it when the owner therefore takes measures to
prevent it from becoming available to persons other than those selected by the
owner to have access thereto for limited purpose.
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 hold harmless the City of Miami for any award to a plaintiff
32
5 7- 799
43
f Miami, Florida CWultant for Fire Captain and Chief Fire
ital Exams RFP 97-98-001
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.
Indemnification
The proposer agrees to indemnify, hold harmless, and save and defend the City from and
against all claims, liens, liability, loss or damage including, but not limited to, costs,
expenses, and attorney's fees whether or not caused by the actual or claimed negligence
(active or passive) of the City, its agents or employees, either as the sole or contributing
cause for damage to property, wherever situated or owned or leased by the City or any
other person, bodily or personal injuries, including death at any time resulting therefrom,.
sustained by any person or persons including, but not limited to, any employees or
representatives of any subcontractor, which damage or injuries arise out of or in
connection with, directly or indirectly, construction operations or the execution of the
contract between the City and any amendments thereto, by the offeror, his subcontractors,
agents, or representatives.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction -or repair of a public building or public work, may not submit
bids on leases of real property to 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 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
Resolution of Contract Disputes
Provider understands and agrees that all disputes between the Provider and the City based
upon an,alleged violation of the terms of this Agreement by the City shall be submitted to
the City Manager for his/her resolution, prior to Provider being entitled to seek judicial
relief in connection therewith. In the event that the amount of compensation hereunder
exceeds $4,500, the City Manager's decision shall be approved or disapproved by the
City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has
received City Manager's written decision, approved by the City Commission if the
amount of compensation hereunder exceeds $4,500, (ii) a period of sixty (60) days has
expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is
subject to City Commission approval); or (iii) City has waived compliance with the
procedure set forth in this section by written instruments, signed by the City Manager.
33
44
97 '�99
J-93-334
6/15/93 ~
ORDINANCE NO. 11072
AN ORDINANCE AMENDING SECTION 18-56.1 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA. AS
AMENDED. THEREBY AMENDING CERTAIN SUBSECTIONS
PERTAINING Tb: (A) RIGHT TO PROTEST, (B)
AUTHORITY TO RESOLVE PROTESTS, (C) COMPLIANCE
WITH TIME REQUIREMENTS, AND ADDING NSW
SUBSECTIONS PERTAINING TO: (D) STAY OF
PROCUREMENTS DURING PROTESTS, (E) COSTS,'AND
(F) BOND: CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF -THE CITY OF MIAMI,
Section 1. . Section 18-56.1 of the Code of the City of -
Miami, Florida, as amended, is hereby amended In the following
particulars:/
"Sec. 18-56.1 Resolution of protested
sollaitations and awards.
(a) Right' to protest. . Any actual or
prospective uvnbxoataut party proposer who ±ee.is
perceives Itself aggrieved in connection. with the
solicitation. or award of a contract or anv
■ • ••j. n - • •_346 lb • §b •••■ #a q - a•
Words and/or figures stricken through. shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
45
97- 799
by the chief procurement_ officer within five (5
days after the date the notice of protest was
filed. --No time will be added to the above limits
for service by mail. In computing any period*of
time prescribed or allowed by .this section, the
day of the act, event or default from which the
designated period of time begins to run shall not
be included. The last day -of the period so
computed shall 'be included unless it is a
Saturday, Sunday dr legal holiday in which event
the period shall. run.until.the end of the next day
which is neither a Saturday, Sunday or legal
holiday. Intermediate SaturdRX , Sundays and
legal holidays shall be - excluded in 'the
computation of the time for filing. The formal
written protest shall state with particularity the
facts and law uvon which the protest is based.
(b) Authority to resolve -protests. .The
chief procurement officer -'shall have the
authority, subject to the approval of the city
manager and the city attorney, to settle and
resolve s any formal_ written protest of--em
the solicitation of- the
Pre -thett +In cases
involving more than four thousand five hundred
dollars ($4,500.00), the decisione*of the chief
procurement officer must be submitted
for approval or disapproval thereof to the city
commission after a favorable recommendation by the
city attorney and the city manager. The chief
procurement officer shall obtain the requisite
approvals and communicate said decision to the
protesting party; or alternatively if
the amount involved is greater than four thousand
five hundred dollars ($4,500.00), shall submit
said decision to the city commission within thirty
(30) days after he/she receives the protest.
(c) Compliance with time requirements.
Failure of a era-ege_r-. e_ V ed party to s timely
file either the notice of protest or the formal
written protest with the chief procurement 'officer
within the time provided in subsection (a) above,
shall constitute a forfeiture of such party's
right to
the=efer by such party file a protest pursuant to
this section. _ ___=_ by e eity o-rf:ie+aIs-��
.�uu�c�.a.ivaa� l"1 .,,+aaa..ra .......•.-.� ...... ...77�r......,,.r t..r ..j, ...__..-.__.__.�.__
Option,
46 97- 799
(d) Stay of procurements during protests_
Upon receipt of a notice of protest which has been
timely filed under subsection (a) above, the city
shall not proceed further with the solicitation or
with the award of the contract until the protest
is resolved by the chief procurement officer or
the city commission as provided in subsection (b)
above, unless the city manager makes a written •
determination that the solicitation process or -the
contract award must be continued without delay in
order to avoid an immediate and serious danger to
the public health, suety or welfare.
(e) Costs. All costs accruing from, a
protest shall be assumed by the protestor.
M Bond. The formal written protest must
be accompanied by a bond payable to the City in an
amount equal to one (1) percent of the amount of
the bid or contract or five thousand dollars
($5,000), whichever is less, which bond shall
guarantee the payment of all costs which may be
adjudged against the protestor -in any
administrative or court proceeding. In lieu of a
bond,- the chief procurement officer may accept a
cashier's check or money order in the amount of
the bond. If a Protest is -upheld .!2X the chief
procurement officer and/or the city commission, as
applicable, the bond shall be refunded to the
vrotestor less anv costs assessed under subsection
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance, are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or•word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
97- 799 47
PASSED ON FIRST READING BY TITLE ONLY this 13th day of May,
1993. '
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this
8th day of July , 1993.
/1--
XAVIP L.
[..115 4LLlCtI
PREPARED AND APPROVED BY:
CARMEN L . LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
48
97- 799
. " J-8S-944
10/11/85
ORDINANCE N0.1 0 0 6 2_
AN ORDINANCE REPEALING ORDINANCE NO. 977S.
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY OF MIAMI. FLORIDA AND SUBSTITUTIaG
THEREFOR A NEW MINORITY PROCUREMENT PQOGRA14
ORDINANCE TO BE KNOWN ASIO CITED AS • 'THE
MINORITY /.NO uOMEN BUSINESS AFFAIRS AUG
PROCUREMENT ORDINANCE OF THE CITY OF. MIAMI.
FLORIOA.4' ESTABLISHING A MINORITY AND WOMEN
BUSINESS AFFAIRS PROCUREMENT PROGRAM AND
COMMITTEE; PROVIDING FOR THE CREATION BY :HE
CITY MANAGER OF AN OFFICE OF MINORITY AND
WOMEN BUSINESS AFFAIRS AHO PROCUREMENT;
FURTHER SETTING FORTH A GOAL OF AWARDING AT
LEAST S1 PERCENT OF THE CITY'S TOTAL ANUUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO BUSINESSES OWNED BY BLACKS (I7:).
HISPANICS (17:). AND WOMEN (171); AUTHORIZING
THE CITY HANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE DEVELOPMENT OF PROCEDURES. MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM.
GOALS' AND OBJECTIVES; AND CONTAINING A
SEVERASILITY CLAUSE.
WHEREAS. Ordinance No. 9175 dealing ' wish ainority
procurement has been found to be in need of revision and
modification to strengthen the effectiveness of the City of
Misari43 Minority Procurement Policy sad Program; and
WHEREAS. "the City Commission. tit repealing Ordinance No.
9775 and in adopting and substituting therefor the herein
Minority and Uoaien Business Affairs and Procurement. Ordinance Is
authorized pursuant to the Charter of the City of Mia"I.
Sections S2 and 53; and the Municipal None Rule Powers Act of
1973. Chapter 166.001 et seq.. Florida Statutes. as 4mendeC; and
WHEREAS. the U.S. Supreme Court has upheld Dade County
Ordinance No. 82-67, adooted July 20. 1984. restricting bidding
on construction projects to Black -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS. findings of a City of Miami Minority Procurement
Disaarity Study Indicated a substantial exclusion of minority
and women -owned 'businesses from the City's procurement process
for the fiscal years between I971 and 1961: and
WHEREAS. this Ordinance will :prevent the perpetuation of
the effects of prior unwarranted 41scrimination vnich nas
1 97- 799 49
rteretofore 1=v4l•re%* limited or foreclosed procu nt anti
contracting opportunities for businesses owned by alacsr-S'
Hispanics and Women with the City of Miami; and
WHEREAS. the City of Miami has established a policy of
constructive affirmative action to eliminate substantially the
effects of prior dlsCriaination; and
WHEREAS, the proposed Minority, and Women Business Affairs
and Procureatnt Program and Policy contains requirements: (a)
that those who contract with the City of Miami in the areas of
procurement shall not discriminate against any business.'
eaoloyee or applicant for ecoloyeent because of age. ethnicity.
race. creed. color, religion; sex._ national origin. Aandicao. or
marital status; and (b.) that suca city contractors have and
Implement an Affirmative Action or Equal Emoloyment Opportunity
policy to ensure that such businesses. employees or applicants
for employment are treated equally without regard to age.
ethnicity, race, creed. color, religion. :ex. national Origin -
handicap • or marital status, and
WHEREAS, implementation of tills ordinance will serve -the
best interest of the City and will maximize the opportunity for -
small business gonceras owned and controlled by Blacks.
Hispanics and Womta to procure or contrict .kith the City ,of
Miami in the area of procurement; and
WHEREAS, to be effective it is necessary and desirable to
establish for the City of Miami a iinority and Women Business -
Affairs Procurement Program with the appropriate goals.
objectives, administrative procedure and resources; .and adopt
legislation remedying the affected Hispanic, 814Ct and Women -
owned businesses;
NOV* THEREFORE, BE IT OROAZWCO SY THE COMMISSION Of THE
CITY Of MIAMI. FLORIOA:
Section 1. This Ordinance shall be tnowa and may be cited
as 'The Minority and Women Business- Affairs and Procurement
Program Ordinance of the City of Miami.'
Section 2. for the purpose of this Ordinance. toe
following terms phrases. words. and•trteir derivations, shall nave
the following meanings:
z
�vs2�
97= 799
A. .Business EnterQrtse means any corporation.
partnersnlo. individual. sole 10 rap rietorsni0. joint stock
coeoany. Joint venture.- professia.441 association or any other
legal entity that is properly licensed to do business with the
City of Miami and/or Oade County and/or the State of Florida. •�
S. Minority and Women -Owned Business Enterprise means
a business -enterprise in waith .at least S1 percent of said
enterprise is owned by Blacks. Hispanics or Women waose
a;anagesent and daily buSiaesS operations are controlled by one
or core Blacks. Hispanics or vomen.
C. Contract means agreements for the procurement of
goods. services or construction of facilities for the City of
Miami.
D_ Facilities means all total or partial publicly
s
financed projects iaeludiag, but without. llaitatioa. uaifi.ed
development projects, auniCipal public worsts and municipal
ieprove=ents to the extent they are financed with City money.
utilize City property, or require City services.
E. goods and services include, without limitation.
public, worts, improvements, -facilities. professional services.
commodities, supplies, materials and equtpeent.
F. Coat means the percentages of the annual dollar
vol uee of procurement expenditures determined by this ordinance
to be offered for Minority and Mowen business participation.
C. Set=aside is the term which will be used to
designate a given parehase or contract or a portion of a given
purchase or contract award for Black. Hispanic and/or Vomen-
owned businesses. Se% -&Sides say only be utilized where 1t is
determined, prior to the invitation to bid or request for
proposals. that thert are a sufficient number of certified
91act. Hispanic pad/or Women -owned businesses to afford
effective competition for the purchase.
H. Joint Venture shall mean an association of Verson$
or legal entities .with the intent to engage 1" and carry out a
single business enterprise for profit.
3 a b 51
97- 799
j, Procarta EzoenQltures st3e17 aeea a po se,
payeent, distribution, loan or advance for .,tre purpose of
acquiring or providing -goods and services.
�. Affireative Action Plan shall include the
projected annual goals and the timetables wnieh will be used to
emo1cy and/or procure witA women . and .minorities a non-
discrinination policy statement and any'other actions which will
be used to .ensure equity in employWent and the utilization of
minority and female -owned businesses.
section 3. A Minority and 1lomen Business Affairs and
Procurement Program for the City of Miami is hereby established.
The City Manager's Office shall be held accountable for the fuil
and forceful implementation of the Minority and Vomen Business
Affairs and procurement Program by prcvidtnq appropriate
recommendations for action by the City Conmission.
A. For the purpose of assisting the City Manager In
the implementation of said program, a 41nority and Yomen
Business Affairs and Procurement Committee is hereby
established, consisting of aA appropriate number of members, to
be appointed by the, City Manager, with 'full re'resentation of
Ntsoanics; Slacks and Vomen to be responsible for monitoring the
-tapleseentation of the program and asking recommendations for
acedeving the requirements. of this Ordinance. The Caamitree
shall be responsible, for generating yearly progress reports to
the City Commission and the community at is rue.
B. the City Manager shall, utilizing existing
resources, create an Office of Minority and Yoaen Business
Affairs and Procurement; and shall provide the appropriate staff
and resources necessary for the performance of all such
administrative duties; authorise and inglestnt the
administrative, guidelines and procedures required; and ensure
corraliance with the functions required to promote, the
achievement of the program' s goals and obj eeti ves .of i ncreasi ng
the volume of City procureaettt and eoettraets with Bl actc.
MiYpanic and women -owned businesses.
a
3
52
A7— 7�4
' � oat
Section a. Tee objective of the City is to acnies 9
of awardinq a minimum of SIZ of the total annual dollar volume
Of all procurement expenditures to Blacks. Hispanics and tiomen-
owned business enterprises to be apportioned as follows:
seventeen percent (1751 to Blacks, seventeen percent (IT:) to
Hispanics and seventeen Percent (17%) to Wamen.I '
— A. To further the goal or ii cre'asing the total annual
volume of all procurement expenditures to minority and women -
owned • business enter -prises, authority for a minority and women.
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she may deem
advisaale or necessary to increase the participation of Black.
Hispanic and Women -owned busluesses in City procurement
contracts.
B. It shall be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(I.) A specific reference to the 410911c4aility
of the Minority and Women Business Affairs and procurement
P•-ogram established by this Ordinance-,
provision stating the right of the city
to terminate and cancel any contract or contractual agreement
entered into. including elimination of the individual(s) and/or
business enterprises) frog consideration and participation in
future City contracts, on 'the basis of having.. submitted
deliberate and willful. false or misleading information as to
his. her or its statics as a Black, Hispanic and/or uomen-owned
business entervrlst and/or the quantity and/or type of minority
and women -owned business participation;
(1.1 A requirement that each successful bidder
or .offeror agree to provide a sworn statement of coacpl i ante with
the Provisions of this Ordinance and its specific applicability
to the Purchase or contract award under consideration; such
statement Shall certify that the bidder or offeror, during the
I Women, depending upon their own annual self-selection, shall be
listed in only one (1) of the categories: race. ethnicity.
gender.
5 1GQF
97- 7 99 53
course of ti'e Privalved to the performance of Qe contract
sougnt.by such bidder or offeror, shall act discriminate against
any business, toployee or applicant for employment because of
age. ethnicity, race, creed, color, religiorl. sex. national
origin. handicao or marital status;
(A.) A stateatnt of the extent to which the
business enterprise has as One or more of its partners or
principals persons wfto are Black, Hispanic or Women. or is a
joint venture coaprised of a non -minority and minority business
and%or women -owned entery rise.
(S.) A requirement that each bidder subait along
with the bid air proposal air AffirmAtive Action Plan (AAP). any
significant equity participants. joint venture participants.
sub-canLrac2ors., suppliers or other parties to the bid or
proposal shall also be required to submit such plans.
A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female involveuent.
Section S. Bidders or offerors shall be required to
demonstrate a reasonable mad good faith effort to .solicit and
obtain the participation of qualified alacrity and vomen_owned
businesses in all old and proposal documents.
Section 6. Except .mere federal or state law or
regutaticns mandate to the con-trary, the provisions of this
section will be applicable to all City of Miami. prebid.. bid.
contract or other agretmeats aegotlated by the City. -
Section 7. The Minority mad Yoatn Business Affairs and
Procurement Progr" established herein shall be in effect only
until such title as the effects of prior unwarranted
discrimination against Blacks. Hispanics and Uomen have been
.compensated for. at which ZiUt the goals and Set -asides provided
for herein shall no longer be observed. Such need snail be
reviewed every two years by the City Commission. upon the
reccamendatton of the City Manager.
Section 8. Ordinance ma. 977S:. the Minority procurezent
Program Ordinance of the City of Mitmi. Florida. is hereby
repealed.
54
6
loos" -
97— 799
Section 9. Should any part or provision of tnis Ordinance
be dbclared by a Court of coopetent jurisdieition zo be invalid.
same shall not affect the validity of the Ordinance as a .mole.
PASSED ON FIRST READING 8Y TITL£.ORLY this 26=5 day of
No.►aabar 1985. •'
PASSED ARC ADOPTED ON SECOND. AND FINAL READING BY TITLE
ONLY this 19ta day of December 1985.
ATTEST:
mayor
City Clerk
PREPARED AND APPROVED BY:
lit
Devaty City -Attorney
APPROVED AS TO FORM SAND CORRECTNESS:
' City Attorney
A�/vpc/pe/ao/8I56
5.2 `
1� 97- 79955
J-88-1153
1/12/89 '
ORDINANCE NO.B
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
-FINANCE-, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY REDEFINING THE TERM
'MINORITY ANO WOMEN -OWNED BUSINESS ENTERPRISE
AND DEFINING THE TERM 'VEHOOR' 'IN
SECTION 18-68; REQUIRING IN SECTION 18-72
THAT THE GOAL OF AWARDING AT LEAST FIFTY-ONE
PERCENT (511) 'OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF'ALL PROCUREMENT EXPENDITURES
TO MINORITY/WOMEN SHALL BUSINESSES BE APPLIED
TO ALL CITY OF MIAMI BIDS AND CONTRACTS;
REVISING SECTION 18-73 TO PROVIDE THAT: ALL
CITY OF MIAMI INVITATIONS, REQUESTS AND/OR
ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES,
LETTERS OF INTEREST AND/OR QUALIFICATION
STATEMENTS CONTAIN THE APPROVED
MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATION REQUIREMENTS PURSUANT ,TO CITY
OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN
BUSINESS AFFAIRS AND PROCUREMENT PROGRAM;
REQUIRING THAT ALL RESULTING AWARD AND/OR
CONTRACT DOCUMENTS CONTAIN THE REQUIRED
COMPLIANCE FORMS RELATIVE THERETO; REVISING
SECTION 18-73(5) TO EXPAND UPON THE
AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY
BIDS AND CONTRACTS; ADDING SECTION 18-76
AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO
ESTABLISH THE REQUIRED ADMINISTRATIVE
PROCEDURES TO INSURE COMPLIANCE WITH THE
CODE; FURTHER, PROVIDING FOR RESOLUTION OF
DISPUTES REGARDING WITHHELD PAYMENTS.. OF
CONTRACTORS AND SUBCONTRACTORS AND FURTHER
ADDING SECTION 18-77 DESIGNATING THE DIRECTOR
OF THE OFFICE OF M/WBE AFFAIRS AS THE CITY
OFFICIAL RESPONSIBLE FOR ESTABLIStUNG AND
IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION . REQUIREMENTS, COMPLIANCE
GUIDELINES, AND MONITORING AND REPORTING
PROCEDURES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, Ordinance No. 10062 dealing with Minority/women
Business Affairs and Procurement established -the annual goal of
procuring/contracting fifty-one percent (51%) with minority/women
owned and a+anaged business enterprises; and
WHEREAS, Administrative Policy Manual 4-86 (APM 4-86),
issued October 1, 1986, provides for the administrative
implementation of Ordinance No. 10062; and
WHEREAS, it has been determined that there is further need
for legislative relief to obtain said goals, particularly as it
1O1A 57
e = 799
relat-as to the City0bid, proposal and contract pro& and the
resulting documents on a bid/contract by bid/contract basis to
achieve the annual goals;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 18-68, is herebyamended in the
following particulars.)
-Sec. 18-68. Definitions.
` For the purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meanings:
Minority and women -owned fM412 business enterprise
means a business enterprise in which at least fifty-one
percent (511) of said enterprise is owned by Blacks,
Hispanics or women whose management and daily business
operations are controlled by one or more Blacks,
Hispanics or women .and who employ a maximum of twenty-
five (251 S ► Ioyees or have a net y_Qrth Mt in excess
of two million dollars.-
s i •
vendor means any business entity providing goods,
services or equipment to the City of Miami through a
purchase, field or blanket order or contract. -
Section 2. Section 18-72(a), is hereby -amended by adding
the following language:
-(a) The objective of .the City is to achieve a goal of
awarding a minimum of fifty-one percent (51!) of -
the total annual dollar volume of all procurement
expenditures to Black, Hispanic and Women -owned
small business enterprises to be apportioned as
follows:
Seventeen percent (171%) to Blacks, seventeen
percent (171) to Hispanics and seventeen percent
(17 % ) to women; such coal shall be J30211ed to a
city bids and contracts.'
Section 3. Section 18-73 is hereby amended by adding the
following language:
-5ec. 18-7 , AeQuired statements fgr ee icitationa_=
notices: required statements on contracts
and awards.
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material-
-2-
��= 799
I
It shall be mandatory for all City contracts
• and/or procurement award documents to contain the
following:
•
(5) A requirement that each bidder, 12r000aer, or
vendor, submit along with the bid or proposal an
affirmative action plan (AAP). Any significant
equity participants, joint venture participants,
subcontractors, suppliers or other parties to the
bid or proposal shall also be required to submit -
such plans.
1 1 - - 1 •
1 • •
• • 1
,1 • 1 • • 1nil
11mil /
•t '• 1
• • 1 1
• 1
It ••� • _ _ •ll / ti•
Section d. The following new Section 18-76 is added in its
entirety:
'Sec. 18-76. Administrative Procedures.
The Departments of Finance, Public :corks and General
Services Administration -are authorized to establish the
required administrative procedures to insure compliance
with the provisions as set forth herein.
Is rlrz-yo
9'7- 799 59
The Finance Oet t is mandated to institute pa t
procedures which' 11 insure, in those instance_ n
which the M/WBE-bid or contract requirements result in•
contracts, subcontracts or joint ventures for H/WBEs,
that compensation provided pursuant thereto shall be in
the form of a check made payable to the primary
contractor, bidder or proposer, and (if appropriated
jointly) to the minority/woman business enterprise
subcontractor or joint venture partner in an amount not
to exceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the prime
contractor, proposer or joint. venture, to thk City.
In the event a dispute should arise as to the
performance or payment of the primary contractor or
bidder/proposer or the M/WBE, under the terms and
` conditions of the City contract or procurement award
document,. compensation shall be withheld until such
time as the dispute is resolved in accordance with the
procedures set forth in this Chapter for resolving such
disputes.
All Administrative Directors shall amend their existing
policies and procedures or to create such new ones as
may be required to insure and report on compliance with
all aspects of this article. -
Section 5. The following new Section I8-17 is added in its
entirety:
-Sec. 18-77. Designation of the Director of the Office
of Minority/Women.Business Affairs.
The Director of the Office of Minority/Women Business
Affairs is designated as the official responsible -for.
establishing M/WBE bid and contract/award requirements,
creating and implementing compliance guidelines,
monitoring compliance, resolving disputes, and -
reporting on all of the above to the City Manager. -
Section 6. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance insofar as they
are inconsistent or .in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 19 88.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January 19 89.
�._.
A
XAVIER L. SUAAEZ, Mayor
VIAVtY H IRA I
City Clerk
- 1-0s38 9 7 - 7 9 9-_
PREPARED AND APPROVED BY*.
LINDA K. KEARSO
Assistant City Attorney ,
APPROVED AS TO FORM AND CORRECTNESS:
JOR E L. FER ANDEZ
CitAttorne
S.KK/pb/bss/M424
-5-
1-OS3g
61
97- %9,
J-85-380
ORDINANCE NO. 10 0 3 2-
AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE
HIRING•:AGREEMENT" AND SETTING AS A CONDITION
PRECEDENT TO THE EXECUTION OF CONTRACTS
RESULTING IN THE CREATION OF NEW PERMANENT
JOBS, -THE SWESSFUC NEGOTIATION OF A "FIRST
SOURCE HIRING AGREEMENT" BETWEEN THE PRIVATE
INDUSTRY COUNCIL OF SOUTH FLORIDA/SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM,
AUTHORIZED REPRESENTATIVE OF THE CITY OF
MIAMI, AND THE ORGANIZATION OR INDIVIDUAL
RECEIVING SAID CONTRACT, UNLESS SUCH AN
AGREEMENT IS FOUND TO BE INFEASIBLE BY THE
CITY MANAGER, AND SUCH FINDING IS APPROVED BY
THE CITY COMMISSION OF THE CITY OF MIAMI,
WITH THE PRIMARY BENEFICIARIES OF THIS
AGREEMENT BEING THE PARTICIPANTS OF THE CITY
OF MIAMI, TRAINING AND EMPLOYMENT PROGRAMS
AND OTHER RESIDENTS OF THE CITY OF MIAMI;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
WHEREAS, the City Commission has declared its intent
"that public projects that are financed by public funds, CETA
participants, who are eligible are to be given priority" (Motion
83-1018, November 16, 1983), and;
WHEREAS, the City Commission is desirous of supporting'
the concept of. "First Source Hiring Agreement", which would give
priority employment to City of Miami training and employment
• participants-i hiring situations resulting from the support of
public funds, from or through the City and/or special privileges
granted by the City of Miami, and;
WHEREAS, the City Commission passed a Resolution
"establishing an advisory committee to recommend a "First.Source
Hiring Agreement" policy for implementation by the City of Miami
and appointing certain individuals to serve on that committee"
(Resolution No. 84-898, July 31, 1984), and;
WHEREAS, the City Commission of the City of Miami
wishes to assure continuing employment opportunities of residents
of the City of Miami, and; '
WHEREAS, the authorized representative shall negotiate
the terms of the "First Source Hiring Agreements" on a project by
63
9'7- '799
project basis with the recipient of contracts for facilities,
services and/or grants and loans from or through the City of
Miami, and;
WHEREAS, those organizations and individuals receiving
contracts for facilities, services and/or grants and loans from
or through the City of Miami should participate in the "First
Source Hiring Agreement" as it Is in the best interest of said
parties and City of Miami residents, and;
WHEREAS, for the purpose of this resolution, contracts
for facilities, services and/or grants and loans with the City of
Miami are defined in Section 2 of this Ordinance, and;
WHEREAS, those organizations or individuals receiving
the identified public funds,, by the receipt of contracts for
facilities, services and/or grants and loans would be required,
precedent to the execution of said contracts to enter into
negotiations with the authorized representative, as defined in
Section 2. of the Ordinance, and to arrive at a "First Source
Hiring Agreement" which is satisfactory to both parties, and;
WHEREAS, the special -duties and responsibilities of the
authorized representative necessary to implement "First Source
Hiring Agreements" are spelled out in the provisions of
a Resolution being considered for adoption by the City Commission
on June 13, 1985; and
WHEREAS, a model "First Source Hiring Agreement" is
attached herewith, for illustrative purposes only;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That this Commission hereby approves
implementation of the "First Source Hiring Agreement" policy and
requires as a condition precedent to the execution of service
contracts for facilities, services, and/or receipt of grants and
loans, for projects of a nature that create new jobs, the
successful negotiation of "First Source Hiring .Agreements"
between the organization or individual receiving said contract
and the authorized representative unless such an agreement is -
found infeasible by the City Manager and such finding approved by
.the City Commission of the City of Miami at a public hearing.
64 10032
97- 799
Section 2. Definitions. For the purpose of the
Ordinance, the following terms, phrases, words and their
derivations shall have the following meanings:
A. Service Contracts means contracts for the
procurement of services by the City of Miami which include
professional services.
B. Facilities means all publicly financed projects,
including but without limitation, unified development' projects,
municipal public works, and municipal improvements to the extent
they are financed through public money services or the use of
publicly owned property.
C. Services includes, without limitation, public
works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
D. Grants and. Loans means, without limitation, Urban
Development Action Grants (UDAG), Economic Development Agency
construction loans, loans from Miami Capital Development,
Incorporated, and all federal and State grants administered by
the City of -Miami.
E. Authorized Representative• means the Private
Industry Council of South Florida/South Florida Employment and
Training Consortium, or its successor as local recipient of
federal and State training and employment funds.
Section 3. The authorized representative shall
negotiate each "First Source Hiring Agreement".
Section 4. The primary beneficiaries of the "First
Source Hiring Agreement" shall be participants of the City of
Miami training and employment programs, and other residents of
the City of Miami.
Section 5. All ordinances, or parts thereof, in
conflict herewith are hereby repealed.
Section 6. Should any part of or provision of the
Ordinance be declared by a court of competent jurisdiction to be
invalid, same shall not affect the validity of the Ordinance as a
whole.
65
i oos 297.- 799
PASSED ON FIRST READING BY TITLE ONLY THIS 18th
day of 1985.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this —12th day of September -1, 1985.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
AT E
CITY CLERK
PREPA D AND APPROVED BY:
7;2'.'O--ae
ROBERT F. CLERK
CHIEF DEPUTY CITY ATTORNEY
APPROV FORM AND CORRECTNESS:
LUCIA A. DOUGIERTY
CITY ATTORNEY
7,y,, plk2i&
Clerk of the City of Miami,Florills.
Vicubf C.!Ii:y that u., 111c.,42,/ 4.Y
A. 08,(a. 19.- .. z (.I; uu_ Zia.; correct es 4-i tl--- =11.zvc
;'crcpsini r-.;i.nmrct A-ju r.,.t:d at the Sout-, D-W
.1, the D.I.:: !;-;1;s;: at the pL.:.: prcl,.'J,:d
lot notk a and pub imions by attaching paid co-py to
the ;r.vLjcd thercior.
WITNESS'my Imisd and the *:a of
• City this_,:21_day "t 1914-
fits clerk
66 10032 97— 799
•
STATEMENT OF COMPLIANCE WITH ORDINANCE NO. 10032
Bidder certifies that (s)he has read and understood the
provisions of City of Miami Ordinance No. 10032, pertaining to
the implementation of a "First Source Hiring Agreement".
Bidder will complete and submit the following questions as part
of the bid. Evaluation of bidder's responsiveness to Ordinance
No. 10032 may be a consideration in the award of a contract.
Violations of this Ordinance may be considered cause for
annulment of a contract betweem bidder and the City of Miami.
I. Do you expect to create new positions in your company in the
event your company was awarded this bid by the City?
Yes No
2. In the event your answer to number 1 is yes, how many new
positions would you create by virtue of performing this
contract?
3. Please list below the title, rate of pay, summary of -duties,
and expected length or duration of all new positions which
might be created by virtue of your company's award of this
job.
POSITION/TITLE RATE OF PAY DUTIES EXPECTED
Circle one - LENGTH OR
Hourly/Weekly DURATION
1.
2
3.
4.
5.
6.
7.
8.
(Use additional sheets if necessary)
BIDDER'S SIGNATURE: DATE:
FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DISQUALIFY YOUR BID.
97- 799 67
•
d-93-348
6/3/93
ORDINANCE NO. 11087
AN ORDINANCE AMENDING SECTION 18-52.1(h) OF
THE CODE OF THE CITY OF MIAMI. FLORIDA, AS
AMENDED. TO ADOPT A PROCIIRMMTT PROCEDURE
IMPLEMENTING THE LOCAL PREFERENCE PROVISION
OF SECTION 29-A OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY
AUTHORIZING THAT WHEN A IAA BID IS RECEIVED
FROM A NON LOCAL VENDOR WHEN CONTRACTING FOR
PERSONAL PROPERTY, PUBLIC WORKS OR
IMPROVEMENTS. THE CITY COMMISSION MAY OFFER
TO A RESPONSIBLE AND R3.SPONSIVE LOCAL BIDDER
THE OPPORTUNITY OF ACCEPTING A CONTRACT AT
THE LAW BID AMOUNT, PROVIDED THAT THE
ORIGINAL BID FROM THE LOCAL VENDOR DOES NOT
EXCEED 110 PERCENT OF THE LOW BID; CONTAINING
A REPEALER PROVISION. SEVERABILITY CLAUSE,.
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 29-A of the Charter of the City of Miami.
Florida, as amended, sets forth procurement procedures. for
personal -property, public . works or improvements. unified
development projects. and real property; and
WHEREAS, said Section provides that the award of contracts
for personal property and public works or improvements may be
awarded to a local vendor whose primary office is located in the
City of Miami if the amount of a bid or proposal submitted by
said vendor is not more than ten percent (10%) in excess of the
lowest other responsible bidder or proposer; and
WHEREAS, the Miami City Commission wishes to assure that the
City's procurement procedures are designed to comply with said
Charter provisions;
97- 79969
J .J n n f"
•
•
NOV. THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained In the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 18-52.1 of the Code of the City of
Miami. Florida, as amended, is hereby amcnded Jz the following
particvlars:l/
"Sec. 18-52.1. Competitive sealed bidding.
s : :
(h) Award. The city manager may reject all
bids or may submit recommendations as to the award
to the city commission, which may reject all bids.
Any contracts awarded shall be, awarded with
reasonable promptness by written notice to the
lowest responsible and responsive bidderi
i)rov1ded . however .. that when the lowest
responsible and responsive bidder is a non- nnaj
Ynnclor the city commission '.may offer to a
responsible and responsive. bidder whose 32riMary
_effiee is located in the City of Miami- comm _nci nOT
with the lowest responsZe and respons vp, lgngL
hundred and ten 'Dercent (110%) of the low bid
The decision of the city commission shall be
final. All contracts shall be approved as to form
and correctness by the city attorney, and a copy
shall be filed with the city clerk.
Section 3. . All ordinances or parts of ordinances insofar
as they are inconsistent or .in conflict with the provisions of
this Ordinance are hereby repealed.
70 Underscored words and/or fi
70 � gures shall be added. The
remaining provisions are now in effect and remain unchange _ ��� 9
^ ^+�--{ ��-�- T� r+a to nmi tt.4zd and unchanZed material.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinanoe is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance .shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 22nd day of
July , 1993.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of September 1993'.
XAVIER L. IIAREZ,.MAYOR
A E
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JULIE O.
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORDS AND CORRECTNESS:
JOB:kd:bss:MI014
97_ 799
71
1i087
CITY OF 1VIIfV!.FT'' 1r1F THE CITY ` ARK
: !D. KURITY LIST
BID ITEM:
BID NO.:
DATE BID(S) OPENED:
POLICE SERGEANT AND POLICE CAPTAIN CUSTOMIZED
EXAMINATION PROCESSES
FFP 96-97-076
OCTOBER 15, 1997
TIME 10:00 a.m.
BIDDER
XQ�(A(IX 8( X X X
X OSIX fXXXX
X X X '' X
XXX kXX
LANDY, JACOBS & ASSOCIATES
One box and on
envelope
BARRETT & ASSOCIATES INC:
One box
PERSONNEL DECISIONS INTL.
One box
BOOTH RES-E-ARCH GROUP.
One box
MANAGEMENT SCIENTISTS II
One envelope
NO BID
BURROUGHS AND ROCC.KHILL, INC.
AON CONSULTING
received tRr e?v, as of the above
:4
lato and VV,0. 1P
AR
are hereby rvPected as fate."
,vto 2oN or1 2 received envelopes on behalf of
Person receiving bids)
PURCHASING DEPARTMENT Oil //)-/ -9-
(City Department) (Date)
SIGNED:
/12/,
eputy City Clerk
1
CITY OF MIAMI
ADVERTISEMENT FOR PROPOSALS
Sealed proposals will be received by the City of.Miami City Clerk at his office located at City
Hall, 3500 Pan American Drive, Miami, Ff. 33133 for the following:
RFP NO. 96-97-076 To develop and implement Police Sergeant and Police Captain
customized examination processes.
OPENING DATE: 10:00 A.M. October 15, 1997
RFP NO. 97-98-001 To develop and implement two (2) customized examination processes,
one being a parallel form to be administered within one year, for each
classification of Chief Fire Officer and Fire Captain.
OPENING DATE: 10:00 A.M. October 20, 1997
Detailed specifications for this proposal are available upon request at the City of Miami,
Purchasing Department, 444 SW 2 Avenue, Sixth Floor, Miami, Florida 33130. Telephone No.
(305) 416-1904.
Edward Marquez CITY OF MIAMI
City Manager LOGO_s
AD NO. 4271 & 4272-
N
f
Op
City of Miami:,-
This number must
REQUISITION FOR ADVERTISEMENT appear in the
advertisement.
INSTRUCTIONS: Please type and attach a 'co l)y of the advertis ment with thireauisition.
1. Department:
2. Division:!
POLICE
3. Accotint Code number:' Al
4. Is'this a confirmation:
5. Prepared by:
001000.290201.'6..287 1
KI Yes El No
PMIELA BURNS
6.- Size of advertisement:'
7. Starting date-
8. Telephone number:
LEBAL1.
9/19/97'
416-1905
9. Number of times.- this advertisement is to. be
1.0. Type of advertisement:
published: (1) .ONE
N Legal El Classified El Display
11. Remarks:
-RFP 96-97T 076 &
CONSULTA14T FOR POLICE SERGEANT & POLICE'DAPTAIN
12.
M,
Z�
Vy"I
Publication
Date(s) of.,
Advertisement
Invoice No.
Amount
MIA1141 TIMES
MIAMI REVIEW
EL NUEUO HERALD
,
Z-
MIAMI HERALD
❑ Approved"
El Disapproved
Department Director/Desijnee Date
Approved for Payment Date
C JGS/PC 503 Rev. 12i89. Routing: Forward White and Canary to G.S.A. (Procurement Management) and retain Pink copy.
DISTRIBUTION: White - G.S.A.; Canary - Department