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HomeMy WebLinkAboutExhibit 2,o �.P, City of Miami d INCORB 0RRATED Request f©r Proposals (RFP) �0.. F� Purchasing Department Glenn Marcos, CPPO, CPPB, Director/Chief Procurement Officer Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://miamigov.com/procurement RFP Number: 149127 Title: „_equest#sr-PogosaM- r�-yeh . ea - Screening Senices Issue Date/Time: 24 -JUN -2009 RFP Closing Date/Time: 07/31/2009 @ 14:00:00 Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E -Mail Address: Buyer Facsimile: Wednesday, July 10, 2009 at 12:00 PM Eastern Standard Time Gonzalez, Yusbel City of Miami - City CIerk 3500 Pan American Drive Miami FL 33133 US YGonzalez@ci.miami.fl.us (305) 400-5104 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for Me same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: TITLE: 10 M BEEPER: DATE: FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Business Address: City, State, and Zip Code: Telephone Number: E-mail Address: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "Furst Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Will Subcontractor(s) be used? (Yes or No) Service Total Contract Amount( which includes base term and renewal options): PrniT;riP } r Pf APcrnr�tinn f t}3g � g�gGt �rrcooarv�6�t4�3g �rONiC d Line: I Description: Total Cost to Provide Part A, Part B, and/or Part C Services, Pursuant to Section 3, Specifications Proposer shall clearly indicate in proposal if providing a response for Part A, Part B, and/or Part C Services. Category: 94876-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Request for Proposals (RFP) 149127 Table of Contents Termsand Conditions........................................................................................................................................7 1. General Conditions..............................................................................................................................7 I.I. GENERAL TERMS AND CONDITIONS..............................................................................3 2. Special Conditions............................................................................................................................25 2.1. PURPOSE...............................................................................................................................25 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIF]CATION...........................................................................................25 2.3. TERM OF CONTRACT........................................................................................................25 2.4. CONDITIONS FOR RENEWAL..........................................................................................25 2.5. NON -APPROPRIATION OF FUNDS..................................................................................25 2.6. MIND IUM QUALIFICATION REQUIREMENTS.............................................................25 2.7. CONTRACT EXECUTION...................................................................................................26 2.8. FAILURE TO PERFORM.....................................................................................................26 2.9. INSURANCE REQUIREMENTS......................................................................................... 26 2.10. CONTRACT ADMINISTRATOR.......................................................................................28 2.11. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)........................................................28 2.12. TERMINATION.................................................................................................................. 28 2.13. ADDITIONAL TERMS AND CONDITIONS....................................................................28 2.14. PRIMARY CLIENT (FIRST PRIORITY)...........................................................................29 2.15. UNAUTHORIZED WORK.................................................................................................29 2.16. CHANGES/ALTERATIONS...............................................................................................29 2.17. COMPENSATION PROPOSAL......................................................................................... 29 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD ...........................30 TIONALSER��ICES.................................................................................................30 2.20. RECORDS .................................................. ..........................................................................30 2.21. TRUTH IIT NEGOTIATION CERTIFICATE.....................................................................31 3. Specifications....................................................................................................................................32 3.1. SPECIFICATIONS/SCOPE OF WORK................................................................................32 4. Submission Requirements.................................................................................................................36 4.1. SUBMISSION REQUIREMENTS ........................................................................................36 5. Evaluation Criteria............................................................................................................................40 5.1. EVALUATION CRITERIA...................................................................................................40 Request for Proposals (RFP) 149127 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT- Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to 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/equipment supplied to the City are 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. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. t *1 ACf_'.EPTANCEIRB TRCTION'. — The Ci1�, reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://umm,.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to fonnal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for Request for Proposals (RFP) 149127 three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi-govemmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087; Preference to Businesses with Drug Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terns and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump suin or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement maybe awarded to the Bidder/Proposer by the City Commission based upon the miniinum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is detemlined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miamn for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award Request for Proposals (RFP) 149127 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute an Agreement and/or file an acceptable Perfomlance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer 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/proposing an approved equal, Bidders/Proposers will submit, with their response, 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/proposed. 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 formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City 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 goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. V 1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. 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. Request for Proposals (RFP) 149127 B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NJOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. 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 City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is > -es at the-tirnE-the-�i Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than 5200,000. The Cone of Silence prohibits any communication regarding REPS, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written conununications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal lmowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. Request for Proposals (RFP) 149127 This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. if this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, 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 Formal Solicitation. 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 your firm. 1.23. 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 and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the B idder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The rleharment shall he fpr a period of not fewer than three years The City Manafg r shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debannent or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the ten -ns and conditions of a Contract or to perforin within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. Request for Proposals (RFP) 149127 (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformn ace, 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. 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 and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the actOrS� eIIt1 i�viuici�-inEntlf�cnnT.,et�@�-cT aaTa-=e 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 neva work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or snaking an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assiamnent renders the successful Bidder/Proposer incapable of perfonning the work in accordance with and as required by the Contract. F. Failure to comply with any of the terns of the Contract in any material respect. All costs and charges incurred by the City as a result of a 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 inay become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Cornnission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. Request for Proposals (RFP) 149127 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation 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 Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the cormnodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATE — strmate quan r res or es rma e oars are pr i guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Biddcr/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perforin under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or fin -n which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. Request for Proposals (RFP) 149127 C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or an), other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so maybe cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. uc prices will remain fimi or e perio o pe onnance or resu ing pure ase or ers r contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105) (a) The Commission 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 at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: 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. 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. 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. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city Request for Proposals (RFP) 149127 training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be detennined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January I st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee naine(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.46 CITY OF MIAMI LIVING «'AGE ORDINANCE- The City of Miami adopted a living wage ordinance for city service contracts awarded by the city containing a total contract value exceeding $100,000 annually for the following services: food preparation and/or distribution; security services; routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services. -- —if this schmaTi-or s�ffective on-Aprij2689,ntractors nius its' employees a living wage no less than 511.66 an hour with a health benefit plan and not less than S12.91 an hour without health benefits, which shall be adjusted annually by no later than April 1 st following the publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from time to time. A service contractor is defined as any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (3) The service contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services, either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to the sale of products or goods. The service contractor, prior to entering any such contract, must certify to the city that it will pay each of its covered employees no less than the living wage. A copy of this certificate must be inade available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. A copy of the living wage rate shall be kept posted by the service contractor at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors shall furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor prints the following statements on the front of the covered employee's Request for Proposals (RFP) 149127 first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a Living Wage. If you do not believe you being paid at the Living Wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. Service Contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3) years from the date of termination or expiration of the service contract. The records shall contain: (1) The naive and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof, (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data of information the city require from time to time. Every six months, the service contractor shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any period covered by the service contract. The city may examine payroll records as needed to ensure compliance. Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of payment, termination of contract, and debarment. Please review City of Miami Code Section 18-556 through Section. 18-559 for a complete and thorough description of the City of Miami Living Wage. 1.41. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.42. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Infonnation (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-pennitted disclosures; C. Reporting to the City of Miaini of any non-pennitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Malting PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miaini for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. Request for Proposals (RFP) 149127 PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.44. 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. 1.45. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not }lP TrndP availalhlP until mle-lh time ac the Citii nrnvirlPc nnt;ra of a rlPricinn nr intPntiPrl rloric;nn nr within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions 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 Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terns and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miarni, Florida 33130, 305-416-1604. y The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option tenns that may be granted to the Bidder/Proposer. 1.49. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. Pa at- 17nfAO Request for Proposals (R.FP) 149127 1.51. MANUFACTURER'S CERTIFICATION -The Cit}, reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.52. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendurn, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.53. NO PARTNERSHIP OR JOI_NT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.54. 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. Items delivered not conforming to specifications maybe rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement 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 Supplier's list. 1.55. NONDISCRIMINATION—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 formal 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 partrcrpation in, be deniedV ene r s of, orbe su lec e o, iscrim'nation un er any program or activity. In connection with the conduct of its business, including performance 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. 1.56. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all cormrnodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terns, conditions and awards rendered under this solicitation, unless such purchases are deterlined to be in the best interest of the City. 1.57. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal 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 response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.58. ONE PROPOSAL - Only one (1) Response from an individual, firn, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate Request for Proposals (RFP) 149127 response, please refer to the herein condition for "Alternate Responses May Be Considered" 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.62. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or furn by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.63. 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. 1.64. 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 awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Page 19 of 40 Request for Proposals (RFP) 149127 Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, cormnission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.66. 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 response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. 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. 1.67. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69. 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 response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses 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 inay 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. 1.70. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72. QUALITY OF WORK./SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.73. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is detennined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be Request for Proposals (RFP) 149127 cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (Sec. I5-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be inunediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 15-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer inust contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for Pa pet ?.I nf4n Request for Proposals (RFP) 149127 assigning points in making an award determination The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. 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 or 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. Intennediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (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 any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section; 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, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.76. 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)/proposer(s) 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. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the tern of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available, A copy of the manufacturer's warranty, if applicable, should be submitted with your response. Request for Proposals (RFP) 149127 1.79. SILENCE OF SPECIFICATIONS - 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 conmiercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first 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 solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.80. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. USI SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. 8U 4_T_Q- BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.81. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.82. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the 73- ^ I r A^ Request for Proposals (RFP) 149127 following apply A. The contractor is detenmined by the City to be in breach of any of the tenis and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.86.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may he made for "trade secrets " If the Response 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 Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.87. UNAUTHORIZED FORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing infomlation obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Request for Proposals (RFP) 149127 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Psychological Screening Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terns, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATI ON/CLARIFI CATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Yusbel Gonzalez; fax: (305) 400-5104 or email: ygonzalez cuci.miami.fI.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday, July 10, 2009 at 12:00 PM Eastern Standard Time. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract(s) shall be for three (3) years with an option to renew for three (3) additional one (1) year periods. e Uity shah ave the opton to extend or ermina e Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.6. MINIMUM QUALIFICATION REQUIREMENTS Proposers shall satisfy each of the followinarequirements cited below. Failure to do so may result in the Proposal being deemed non-responsive. A. Successful Proposer shall be in the business of providing the services as described in this RFP for a minimum of three (3) years; and have sufficient financial support, equipment, and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terns and conditions herein stated. Request for Proposals (RFP) 149127 B. For the provision of Part .A Services. Pre -Employment Psychological Services for Sworn Person n el. Successful Proposer's team shall include a licensed psychologist. Proof of licensing must be submitted with Proposal. C. For the provision of Part B Services, Psychological Services for Employees, Successful Proposer's team shall be comprised of a licensed mental health service provider to be supervised by a licensed psychologist. Proof of licensing must be submitted with Proposal. D. For the provision of Part C Services. Pre -Employment and Post Employment Psychological Services for Civilian Employees. Proposer's team shall include a licensed psychologist. Proof of licensing roust be submitted with Proposal. E. The City reserves the right to require, before awarding the Contract, that a Proposer submit such evidence of his/her qualifications as the City may deem necessary. Further, the City may consider any evidence 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 malting the award in the best interest of the City. F. Proposer shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. G. Neither Proposer nor any principal, officer, or stockholder of Proposer shall be in arrears or in default of any debt or contract involving the Cite, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.7. CONTRACT EXECUTION The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 2.8. FAILURE TO PERFORM Should it not be. possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or snake appropriate reductions in the contract payment. 2.9. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indenmify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Deparhnent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida - 'yVaiver of Subrogation Request for Proposals (RFP) 149127 (2) Commercial General Liability (Primary & Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: 51.000.000 General Aggregate Limit: 52.000.000 Personal and Adv. Injury: $1.000.000 Products and Completed Operations: 51.000.000. B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. (3) BusinessAutomobile Liabiliq A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit. Owned/Scheduled Autos including Hired, Borrowed or or Non -Owned Autos used in connection with the work - Any One Accident: 51.000.000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Employer's Liability A. Limits of Liability 5100.000 for bodily injury caused by an accident, each accident 5100.000 for bodily injury caused by disease, each employee 5500.000 for bodily injury caused by disease, policy limit (5) Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim: 51.000.000 General Aggregate Limit: 51.000.000 Deductible: Not to Exceed 10% BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimurn of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Tenns and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Request for Proposals (RFP) 149127 Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.10. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Sergeant Cherise Gause, who shall be designated as the Contract Administrator. 2.11. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be home solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required infonnation may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer, the Successful Proposer shall provide a list confirming thP Suh-Contractors_that the Successful Proposer intends to utilize in the Contract, if applicable The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the sen ices Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.12. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so tenninated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.13. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are Request for Proposals (RFP) 149127 inapplicable to this solicitation. if submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. 2.14. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe stornis or any other public emergency impacting various areas during or approximately the same time. 2.15. UNAUTHORIZED R'ORK The Successful Proposer(s) shall not begin work until a Purchase Order is received. 2.16. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.17. COMPENSATION PROPOSAL Each Proposer shall detail any and all fees and costs to provide the required services as listed herein. Proposer shall additionally provide a detailed list of all costs to provide all services as detailed in Section III Scope of Services, as proposed. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). Failure to submit compensation proposal as required miky disqualify Proposer from consideration. For the provision of Part A Services. Pre-Emplovment Psvchological Services for Sworn Personnel. Proposers must provide a cost on a per individual basis to provide all required services. Proposers shall additionally provide in detail any and all costs associated to defend and/or represent the City in any legal proceeding on a per individual basis if the fording/recommendation of the Successful Proposer is contested by an applicant(s). These costs, if applicable, shall be itemized in detail. Further, any additional services and their associated costs not addressed in Part A of the Scope of Services but which may be requested or required of the City shall also be detailed in your Proposal. For the provision of Part B Services. Psychological Services for Employees, Proposers shall provide both a cost on an hourly basis; and shall provide an all-inclusive cost to provide any/all of these services and regardless of the number of individuals seeking such services, on a monthly basis, with the understanding that services are on an as -needed, when -needed basis. It will be the decision of the City whether to utilize the hourly rate, or the flat fee monthly rate, depending upon that which is in the best interest of the City. For the provision of Part C Services. Pre -Employment and Post Employment Psychological Services for Civilian Employees. Proposers must provide a cost on a per individual basis to provide all required services. Proposers shall additionallv_provide in detail any and all costs associated to defend and/or represent the City in any legal proceeding on a per individual basis if the finding/recommendation of the Successful Proposer is contested by an applicant(s). These costs, if applicable, shall be itemized in detail. Further, any additional services and their associated costs not addressed in Part C of the Scope of Services but which may be requested or required of the City shall also be detailed in your Proposal. Request for Proposals (RFP) 149127 Proposer shall also describe in detail any additional services, and their associated costs, not addressed in this RFP but provided by the Proposer of which may be of interest to the City. This shall not be limited to those areas such as the provision of additional seminars, workshops, or other forms of training. Should additional classes be available/proposed, Proposer shall include all associated costs, to include the cost per class, number of personnel per class, location, amenities, food/beverages, etc. 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued. (2) Receipt of responses (3) Opening and listing of all responses received (4) Purchasing staff will review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required. (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation criteria as specified herein. (6) The Evaluation Conunittee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Pbasing Department website in the Supplier Comer Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recormnendation, reject all proposals, or recommend that the City Commission reject all proposals. (9) The City Commission shall consider the City Manager's and Evaluation Committees' recommendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject any or all response. (10) If the City Commission approves the recommendations, the City will enter into negotiations with the selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed appropriate by the City Manager. (11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). 2.19. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.20. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. Request for Proposals (RFP) 144127 2.21. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City detennines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. Request for Proposals (RFP) 149127 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Scope of Services encompasses three (3) separate parts: Part A: Pre -Employment Psvcholobical Services for Sworn Personnel, Part B: Psychological Services for Employees, and Part C: Pre -Employment and Post Employment Psvcholobical Services for Civilian Em2vees, as described below. Proposers shall provide Part A. Part B and/or Part C services. Failure to provide all services in Part A, Part B and Part C may deem Proposer as non-responsive. 3.2 PART A SERVICES: PRE-EMPLOYMENT PSYCHOLOGICAL SERVICES FOR SWORN PERSONNEL 3.2.1 BACKGROUND It is anticipated that individuals will be required to receive pre-employment psychological screening services on an annual basis. The Police Department is currently comprised of 1131 sworn personnel, and approximately 100 individuals are anticipated to be hired during the initial two years of the contract. These are estimates only and the City shall not be required to adhere to these estimates during the contract period. 3.2.2 SCOPE OF SERVICES TEST ADMINISTRATION / VALIDITY EVIDENCE Successful Proposer shall create, administer and interpret one or more tests with demonstrated ability to identify individuals who are not suited for police work or careers in law enforcement. In the administration of the test, Successful Proposer shall indicate which of the following abilities and characteristics, identified through a 2000 job analysis of the police officer position, (Refer to Attachment A — Job Analysis of Police Officer, in the Header / Notes and Attachments Section of this RFP), are measurable through the various instruments proposed: A. Coenitive Abilities Ability to learn and apply new information. Ability to accurately remember the important details or concepts in written or verbal information. Ability to devise practical and appropriate solutions to problems, even where there is no standard procedure, using "common sense" and good judgment. Ability to reevaluate decisions when presented with new information, and modify course of action as necessary. Ability to plan and manage work activities so that required forms are completed and submitted on time. B. Interpersonal Abilities Ability to interact effectively with people from a wide variety of cultural and socioeconomic backgrounds. Ability to tolerate differences in social / cultural values and practices. Ability to display interest in, concern for, and consideration of, the needs and feelings of others. Ability and willingness to speak and interact with citizens in a non -threatening manner. Ability to work cooperatively with fellow officers and foster teamwork. Ability to show assertiveness, firmness, and self confidence. C. Written and Oral Communication Abilitv Ability to communicate information and instructions factually without interjecting personal biases or emotional reactions. Ability to respond to questions directly with essential facts, analysis, and rationale. Ability to read and understand a wide variety of written materials. Ability to record visual observations and spoken information accurately in writing. Ability to use proper English grammar, spelling, punctuation, and structure in written communications. D. Motivation Willingness to put in extra effort to acquire new knowledge or skills, or to remedy performance deficiencies. Willingness to persist and maintain diligence in fulfilling routine, tedious, difficult, or unpleasant assigmnents. Willingness to seek out and complete additional tasks during slow periods. Request for Proposals (RFP) 149127 Willingness and ability to complete necessary work steps and assigned tasks independently with little prompting and intervention. Ability and willingness to maintain dependable work habits, such as reporting for duty on time, with little prompting and intervention. E. Personal Maturity and Inteerity Ability to maintain self-control, patience, and persistence in response to frustration, hostility, or adversity. Willingness to hold self accountable for actions and decisions. Willingness and ability to admit mistakes and deficiencies to others, and take constructive steps to remedy them. Willingness and ability to follow lawful orders, rules, regulations, and procedures without undue questioning, resistance, or complaint. Ability and willingness to exercise independent judgment. Ability to withstand pressure from others and stick by decisions or courses of action judged to be proper and appropriate. Ability and willingness to release personal stress and tension in appropriate, non-destructive ways. Willingness and ability to resist using authority of position for personal gratification or gain. Willingness to refuse favors, special privileges, and/or gratuities offered by shopkeepers and/or residents without giving offense or creating ill -will. CLINICAL INTERVIEW Successful Proposer shall conduct a clinical interview of at least 30 minutes in length for the purpose of confirming written test findings and identifying evidence of the following: 1. Psychiatric history 2. Reported drug or alcohol usage 3. Employment history /problems 5. Family history problems 6. Any other potential problems REPORTING PROCEDURES Proposer shall submit a report on all written tests and clinical interviews conducted on a per person basis. These reports shall specify, as a minimum, the scoring and interpretation of the test / interview, any narrative information provided regarding the testing procedure, including interview(s), and stipulate a rating Category types of acceptable or unacceptable and reasons thereof, and/or any sub -categories utilized. It is the expectation of the City that the results of the tests / interviews be submitted in written format to the City in an expeditious manner so as to eliminate delays in the hiring process of law enforcement personnel. Additionally, the Successful Proposer shall defend and/or represent the City in any legal proceeding should any claims or allegations about the validity of the test battery be made by any individual(s). 3.3 PART B SERVICES: PSYCHOLOGICAL SERVICES FOR EMPLOYEES 3.3.1 BACKGROUND On an annual basis, it is anticipated that a number of personnel will require some service(s) as delineated below. These are estimates only and the City shall not be required to adhere to these estimates during the contract period. Successful Proposer shall be available, 24 hours per day, 7 days per week, should it be needed, to provide Psychological Services to employees at the direction of the Contract Administrator. Successful Proposer shall ensure confidentiality of counseling services provided to employees. 3.3.2. SCOPE OF SERVICES COUNSELING SERVICES Successful Proposer shall provide counseling, including, but not limited to the following areas: 1. Individual counseling Pana 12 of do Request for Proposals (RFP) 149127 2. Marriage / family counseling 3. Biofeedback / relaxation counseling 4. Alcohol abuse counseling 5. Life-style counseling 6. Post traumatic (incident) counseling 7. Crisis intervention EMPLOYEE ASSESSMENT Successful Proposer shall assess and evaluate current employees including, but not limited to, the following areas: Psychiatric consultations Management and coordination with departmental liaisons 3. Early warning list referrals 4. Psychological evaluations 5. Potentially disabled officers SEMINARS / WORKSHOPS Proposer shall provide, at a minimum, Pre and Post -Stress Management Workshops for selected employees to attend in order to reduce or eliminate stress-related behavior or related problems. Any other related seminars and/or workshops requested by the City will be negotiated with the Successful Proposer during Contract negotiation. 3.4 PART C SERVICES: PRE-EMPLOYMENT AND POST EMPLOYMENT PSYCHOLOGICAL SERVICES FOR CIVILIAN EMPLOYEES 3.4.1 BACKGROUND It is anticipated that individuals (Communications Operators, etc.) will be required to receive pre-emp oyment psyctological scieriiiii. t5ci VIUCS 01ely i 0=13 individuals are anticipated to be hired during the initial two years of the contract. These are estimates only and the City shall not be required to adhere to these estimates during the contract period. 3.4.2SCOPE OF SER1710ES In those instances in which civilian applicants shall undergo a pre-employinent psychological evaluation as part of the hiring process, the evaluation shall be based on the relative responsibilities of these civilian positions. The civilian position evaluations will include a proposed written test battery followed by an interview with a Licensed Psychologist to identify and when appropriate screen out applicants who demonstrate deficiencies in the following job dimensions. (a) Adequate verbal skills and communications (b) Problem -solving, learning ability and multi -tasking (c) Compliance with rules, regulations and procedures (d) Ability to work within a para -military setting (e) Good judgment and decision-making in crisis situations (f) Stress tolerance (g) Reliable team member (h) Adequate self-control and attention to safety (i) Positive work habits and conscientiousness 0) Absence of self-destructive behaviors that could effect job performance (k) Emotional stability necessary to perform the job CLINICAL INTERVIEW Proposer shall conduct a clinical interview with each civilian of at least 30-40 minutes in length for the purpose of integrating and confirming test findings and identifying evidence of the following: (a) Psychological history/treatment (b) Reported drug or alcohol use (c) Employment history/pattems (d) Legal history/arrests etc. (e) Serious family problems (f) Financial/credit history Page 34 of 40 (g) Educational history (h) Sexual misconduct (i) Military history 0) Any other relevant potential background problems Request for Proposals (RFP) 149127 Page 35 of 40 Request for Proposals (RFP) 149127 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non-responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non-responsive. If submitting a hard copy, proposer must submit an original response along with 5 copies. If submitting an electronic response, proposer must attach it to the Header section of this RFP, under attachments as a PDF file. 1. Cover Patre The Cover Page should include the Proposer's name; Contact Person for the RFP; Finn's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number, 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summarv: A signed and dated summary of no more than two (2) pages containing the Qualifications, and Experience, Ability to Perform Required Services, Methodology and Overall Approach to the Scope of Services as contained in the submittal. Include the name o t e organization, usmess p one an con �t�r� Proposer must indicate for which Part(s) it is submitting a proposal. 4. Oualifications and Experience a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. b) Provide a list of all principals, owners or directors. c) For the provision of Part A Services. Pre-Emplovment Psychological Services for Sworn Personnel. provide the name of the licensed psychologist for pre-employment screening. Include his/her resume, and copy of current license. d) For the provision of Part B Services, Psveholotical Services for Employees, provide the name of the licensed mental health service provider. Include his/her resume, and copy of current license. e) For the provision of Part C Services. Pre -Employment and Post Employment Psychological Services for Civilian Employees, provide the name of the licensed psychologist for pre-employment screening. Include his/her resume, and copy of current license. f) Provide a complete list of clients for which Proposer has provided a similar service(s) as required in this RFP. This list should include those govemmental entities of a similar size and diverse population to the City for whom services have been perfonned during the past five (5) years. Include the overall value of the contract, and include the address, phone number(s) and contact persons within each organization. The City reserves the right to contact any reference as part of the evaluation process. This information should be provided for each Part. g) Provide a list of clients that have, for whatever reason, discontinued to use your services within the past three (3) years, and indicate the reasons for the same. The City reserves the right to contact any reference as part of the evaluation process. h) Provide two (2) Letters of Reference on letterhead from governmental entities of a similar size and diverse population to the City for whom similar services have been performed. These Letters must be provided for each Part. Page 36 of 40 Request for Proposals (RFP) 149127 i) Provide a list of clients where Proposer has represented client(s), during the past five (5) years, in court as part of legal challenges in the provision of services similar to those proposed to the City. Explain the nature of those challenges, court outcome(s), and contact individuals with telephone numbers. 5. Proposer's Ability and Capahilih, to Perform Required Services a) Describe the size of Proposer and indicate the number of personnel of Proposer and its ability to provide required services to the City. b) Describe where the primary work will be performed. c) Provide a complete list of the personnel that will be assigned to handle the work to be performed for the City. Include a resume of each describing their experience, training, certifications, and other relevant details. Personnel should additionally be identified by race/ethnicity, gender, and language.(s) fluently spoken. Include copies of all licenses held by each individual, and provide copies of resumes held by each individual. d) Provide detailed background on the Representative to be assigned the City's account throughout the duration of the Contract period, for each Part proposed. 6. Methodoloc and Overall Approach to Scope of Services Part A Services, Pre-Emplovment Psychological Services for Sworn Personnel. a) Discuss in detail Proposer's Overall Methodology and Approach to the work to be performed. b) Discuss the testing mechanism to be utilized, and provide a sample of the same. c) Detail in Proposal which abilities and characteristics identified through the job analysis are measurable through the various instruments proposed. Refer to Section 3.2.2 Test Administration / Validity Evidence. d) Describe the Methodology for validating / upgrading the testing system. e) Describe how Successful Proposer would approach any legal challenges to its recommendations/findings. 0 Discuss the following, as a minimum, regarding test administration: Individual(s) who administers the test Type of test(s) to be administered Test location Explain the scheduling requirements Scoring / interpretation(s), types of categories, and personnel utilized. Time required with background investigators to facilitate the use of the psychological report Describe the re -testing and re-evaluation requirements/procedures of applicants. Explain the maximum "turnaround time" from initial testing to final report. Describe the methodology to be utilized and the type of information to be supplied to background investigators to facilitate and direct background investigations. g) Describe the nature of the clinical interview and how Proposer would approach the same. h) Indicate who would conduct said interview, and what reports, if any, would be generated. i) Provide sample final reporting format for the testing and interview process, as described in Section 3.2.2 Scope of Services for Part A Pre-Emplovment Psvcholot ical Services for Sworn Personnel. services. Part B Services. Psychological Services for Employees a) Proposer should describe the types of counseling it provides, and how it conducts these types of counseling sessions. b) Detail how Proposer assesses and how it evaluates individuals for each type of counseling provided. c) Describe the Stress Management Seminars and Workshops to be provided on Pre and Post -Stress Management. Indicate the number of proposed workshops on an annual basis, number of personnel for each seminar/workshop, frequency, location, and trainer(s) (include resume). d) Provide time parameters on scheduling requirements and emergency availability. e) Provide time required to evaluate and report results. Indicate if / how results will be reported. Part C Services.. Pre-Emniovment and Post EmDlovment Psvcholoaical Services for Civilian Emplovees a) Discuss in detail Proposer's Overall Methodology and Approach to the work to be performed b) Discuss the testing mechanists to be utilized, and provide a sample of the same. Page 37 of 40 Request for Proposals (RFP) 149127 c) Detail in Proposal which abilities and characteristics identified through the job analysis are measurable through the various instruments proposed. Refer to Section 3.2.2 Test Administration / Validity Evidence. d) Describe the Methodology for validating / upgrading the testing system. e) Describe hove Successful Proposer would approach any legal challenges to its recommendations/findings. f) Discuss the following, as a minimum, regarding test administration: Individual(s) who administers the test Type of test(s) to be administered Test location Explain the scheduling requirements Scoring / interpretation(s), types of categories, and personnel utilized. Time required with background investigators to facilitate the use of the psychological report Describe the re -testing and re-evaluation requirements/procedures of applicants. Explain the maximum "turnaround time" from initial testing to final report. Describe the methodology to be utilized and the type of information to be supplied to background investigators to facilitate and direct background investigations. g) Describe the nature of the clinical interview and how Proposer would approach the same. h) Indicate who would conduct said interview, and what reports, if any, would be generated. i) Provide sample final reporting format for the testing and interview process, as described in Section 3.4.2 Scope of Services for Part C Pre -Employment and Post Employment Psychological Services for Civilian Employees. services. 7. Compensation Proposal a.) Provide, in detail, proposed fee(s) for services provided for each Part. Refer to detailed fee requirements cited in Section 2.3 Proposed Fees. b.) For the provision of Part A Services. Pre -Employment Nychological Services for Sworn ers nn ��;de �r'rz�qulred cervi Proposers shall additionally provide in detail any and all costs associated to defend and/or represent the City in any legal proceeding on a per individual basis if the finding/recommendation of the Successful Proposer is contested by an applicant(s). These costs, if applicable, shall be itemized in detail. Further, any additional services and their associated costs not addressed in Part A of the Scope of Services but which may be requested or required of the City shall also be detailed in your Proposal. c.) For the provision of Part B Services. Psychological Services for Employees, Proposers shall provide both a cost on an hourly basis; and shall provide an all-inclusive cost to provide any/all of these services and regardless of the number of individuals seeking such services, on a monthly basis, with the understanding that services are on an as -needed, when -needed basis. It will be the decision of the City whether to utilize the hourly rate, or the flat fee rate, depending upon that which is in the best interest of the City. d.) For the provision of Part C Services. Pre-Emplovment and Post Employment Psychological Services for Civilian Employees, Proposers must provide a cost on a per individual basis to provide all required services. Proposers shall additionally provide in detail any and all costs associated to defend and/or represent the City in any legal proceeding on a per individual basis if the finding/recommendation of the Successful Proposer is contested by an applicant(s). These costs, if applicable, shall be itemized in detail. Further, any additional services and their associated costs not addressed in Part A of the Scope of Services but which may be requested or required of the City shall also be detailed in your Proposal. e.) Proposer shall also describe in detail any additional services, and their associated costs, not addressed in this RFP but provided by the Proposer of which may be of interest to the City. This shall not be limited to those areas such as the provision of additional seminars, workshops, or other forms of training. Should additional classes be available/proposed, Proposer shall include all associated costs, to include the cost per class, number of personnel per class, location, amenities, food/beverages, etc. 8. Trade Secrets Execution to Public Records Disclosure All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Proposal contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE Request for Proposals (RFP) 149127 SECRETS EXCEPTION," with your fin's name and the RFP number marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Proposal as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. Request for Proposals (RFP) 149127 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria and weight: CRITERIA PERCENTAGE Proposer's Qualifications and Experience 25 Proposer's Ability to Perform Required Services 20 Methodology and Overall Approach to Scope of Services 35 Fee Proposal 20 Total: 100