HomeMy WebLinkAboutExhibit 1U 1 Y Ul' 1V11H1'll rHl{1111Vh A -- .—
PARKING REVENUE TREND ANALYSIS PROPERTY P 0068
$8,000
$7,000
$ 6,000
$S,OQO
$4,000
Benchmark
$3,000 i
$2,000 Actual
$1,000 s:
.w
Uarian:cE
CSG- Complete Consulting Services Group, LLC.
9. Communication
CCSG will establish an effective communication system in order to disseminate information
about the parking surcharge. Our database information will enable us to communicate
directly with the parking surcharge payers via letters, phone calls or e-mails. In addition to
direct communication, our website and telephone answering system will be available to
provide information 24 hours per day. Parking surcharge payers will be able to obtain
information about the parking surcharge program through our website at
IA7M,n'.miamisurch2r eg com. This website will have the following information about the City
of Miami Parking Surcharge Program:
• Surcharge Ordinance
• Surcharge Regulations
• Guide to Frequently Asked Questions
• Surcharge Calculation Methods
■ Registration Forms
• Remittance Reports
■ Parking Surcharge Recap Monthly Remittance Report
■ Contact information
Related Links include:
CSG- Complete Consulting Services Group, LLC.
• l.rty of lvliami
Florida Department of Revenue
• State Legislation Enabling City Ordinance
The Parking Networl:
CCSG will educate the parking providers about the requirements of the Parking Surcharge
Program, communicating with them about compliance issues and assisting them with the
registration, tai; computing and remittance processes in order to achieve full compliance by
all providers.
CCSG will work together with the operator of each property identified as non -complying to
reconcile any differences between their- records and actual reporting, and the City's records
and our calculations of what they should be reporting.
CCSG will create a system of documenting each contact with providers and creating an
evidentiary record, which can be used in enforcement proceedings, if necessary. For those
parking providers who choose not to cooperate, we will refer them to Code Enforcement
Department. Following are the different type of letters that will be sent:
Parking Surcharge Introductory Letters will be sent to new properties/new
operators malting them aware of the City of Miami Parking Surcharge program.
They will also receive the following documents:
✓ Parking Surcharge Ordinance
✓ Parkin -Surcharge Regulations
✓ Registration Form
✓ Remittance Report
Missing Payment Letters
Late Payment Letters
■ Administrative Fines
• Instruction Letters
■ Balance due Letters from Record Audit Findings
• Revenue Assessment letters
If the operator fails to comply, a second letter will be sent. This time the Owner of the
property will be copied if different than the entity operating the location. In this letter M7e
will take a more stern approach and outline the consequences of continued non-
compliance, including referral to the City's Code Enforcement Department. All providers
who continue to be in non-compliance with the City's Parking Surcharge Ordinance after a
second letter will be sent a third letter and afforded yet another --opportunity to -comply
before the matter- is referred to the City for enforcement action.
cSG- Complete Consulting Services Group, LLC.
5. Traininb
CCSG will develop a training program Alhicl-i will be offered to existing surcharge payers as
well as new operators. The training program will detail the following requirements of the
parking surcharge ordinance.
■ City of Miami Parking Surcllarge' Ordinance
■ City of Miami Parking Surcharge Regulations
• remittance Form
• Registration Form
In addition, the operator Mll be required to sign an acknowledge form stating that they
received the training of the requirements as outlined in the Surcharge Regulations with
respect to the following:
• Annual Registration
■ Parking Surcharge Calculation 1\4ethod
■ Parking Surcharge Remittance Form
■ Penalty and Interest
■ Records and Compliance including Evidence of Parking Transactions with
respect to Manually issued tickets and Mechanically Issued Tickets
■ Field Audits & Field Surveys
• Record Audits.
In the event that that the operator fails to participate in the training, they will be required
to sign an acknowledgment form and they will be audited after three months to ensure
compliance,
CSG-Conyaleie ConsulHng Services Group, LLC.
6. Compliance
Juan C. Pena. CPA. LLC, a local Miami CPA firm, will conduct accounting and audit services
for CCSG for the term of this contract. Juan C. Pena LLC, has accounting experience in
internal control testing and improvement audits in key risk areas such aS CaSh receipts and
disbursements, receivables and inventory. We are confident that this firm adds a level of
professional accounting expertise that will assess our procedures and review our record
audits to ensure compliance with generally accepted accounting principals. Together With
Juan C. Pena. CPA. LLC, we will be a great resource to the City offering the most
knowledgeable and qualified personnel to administer the Parking Surcharge.
CCsG- Complete Consulting services Group, LLC.
e) Provide recent, current and projected
workload of Proposer, and general workload
these professionals to be assigned to this
engagement. Discuss in general the anticipated
percentage of time to be dedicated to this
engagement by each assigned staff memb)ere
C)
Four of the five members of the CCSG team proposed for this project are ctn-rently engag(-d
in providing services for the Cite of Miami. If selected to administer this new contract,
there will be seamless transition from the current company to CCSG's managernent. Our
proposed team is experienced and available to begin immediately.
CCSG's experienced surcharge administrators will be dedicated entirely to the
administration of the City of Miami's Surcharge Program. Our five memrber team, consists
of full time employees whose only responsibilities are to maximize the City's surcharge
collections. Their attention and resources will be dedicated entirely to the parking
surcharge program.
I .111
i 11 W.1!71J 1
1111 NI 1
.Iu Lll 1 a
( .1 _ .1�
./fl a! 11(1 .1 111 IM
•i n'I 11 1 :IH
Franklin Laso
Project Team
Hispanic
White/Male
English, Spanish
100%
Leader
Joaquin Rojas
Project
Hispanic
White/Male
English, Spanish
100%
Manager
Jonathan Rojas
Parking
Hispanic
White/Male
English, Spanish
1000/0
Analyst
Cristina
Administrative
Hispanic
White/Female
English, Spanish
1000/0
Carrasquillo
Assistant
To be Hired
Parking
100%
Analyst
Juan C. Pena. LLC
Auditing
Hispanic
( White/Male
English, Spanish
As needed
Richard Orellana
IT
Hispanic
White/Male
English, Spanish
As needed
CSG -Complete Consuming Services Group, LLC.
c') Describe in detail how it plans to handle all
compliance in matters and ensure that all
revenues subject to the surcharge are collected
at the appropriate rate and remitted to the City,
d)
CCSG's enforcement program as detailed above in A&S, is a comprehensive program
designed to increase collections and secure the City's revenue stream. Our collections
procedures will include field surveys, field audit inspections and record audits as well as
other effective parking surcharge monitoring tools to enSurC the Clty of 1vliami maximizes
its collections of parking revenues. CCSG's collections initiatives will be implemented and
uniformly applied in all areas of the City. As a result, those who utilize the City's parking
facilities are assured that their ta)c dollars are actually being remitted to the City and made
available for their intended uses. Also, surcharge payers will be keenly aware that we are
watching, we are Coulltinb and we are monitoring how much revenue they are collecting.
Dur field survey presence will curtail any inclination to underpay.
CSG- Complete Consulting Services Group, LLC.
e) Discuss Pr oposer's and/or T'earli's overall
r eso aces,nclud riig equipment , supervision
sion
and coordinating capacity, among others.
Provide Proposed location. in Downtown Miami
from. where the services will be per formed.
ej
The overall resources allocated to this project include expert human resources of
experienced parking surcharge professionals and advanced technical solutions from our
updaLed database and web site.
Our staff �A/ill work with a state of the art computer network with a centralized computer
server. Each emplo3zee will have individual computers with access to the network server
for additional software and corr)puting capabilities.
Our website will be stepped up from the one being used today. Dur surcharge payers will
receive additional support on-line with the ability to manage account details directly from a
secured web connection. The City will also benefit from the enhanced web site with
additional on-line reporting capabilities and data storage.
We, intend to maintain a telephone answering system for non business hours and anyone
calling during regular business hours, Monday - Friday, from gam -Spm, will speak directly
with one of our professionals.
All of the these features will be housed and managed at CCSG's office located at 2650
Biscayne Boulevard in Mid -Town )Miami.
CSG- Complete Constilhn; Services Group, LLC.
f) Disclose any impediments to independence,
as defined by the American Institute of Certified
Public Accaurrta nts
employee(s) assigned
applicable.
of the firm and/or
to this engac e ent, if
r)
CCSG has an agreement with The Public Health Trust of Dade County, a surcharge payer, to
provide general parking consulting services fol- the PHT. This work includes parking
operations review, contract compliance, parking budget monitoring, monthly reports
monitoring, etc. It does not include review, analysis or recommendation' regarding paricing
rates or the parking surcharge.
CCSG does not view this as an impediment to independence, as defined by the American
Institute of Certified Public Accountants.
CCSG-Comp)ete Consulting Services Grou.p,LLC.
g) Describe any current or pending litigation
or proceeding involving Proposer, its partners,
managers, other key staff members, and its
professional activities performance, if
applicable. state the nature of the litigation, a
brief description of each case, the outcome or
projected outcome, and the monetary amounts
involved. Discuss any bankruptcies involving
Proposer, its partners, managers, or other key
staff members, if applicable.
9)
No pending litigation
■ leo Bankruptcies
CCSG- CmnpJele Consulting Sel-ViCeS GroLLp, LLC.
6. COST
Following is the compensation schedule that CCSG proposes:
First Year
CCSC's fee for the first year will be 4.000/11 of total parking surcharge collections. If
collections decrease clue to a surcharge payer- being found to be exempt from paying the
surcharge, then CCSG's proposed fee will increase to 4,30%, CCSG's fee would also not
decrease if the surcharge collections diminish as a result of economic conditions caused by
acts of nature, terrorism or other causes that would be considered out of the control of
CCSG.
Second Year
CCSG's fee for the second year will be 4.00% of total parking surcharge collections.
However, If collections decrease clue to a surcharge payer being found to be exempt from
paying the surcharge, then CCSG's proposed fee will increase to 4.30%. CCSG's fee would
also not decrease if the surcharge collections diminish as a result of economic conditions
caused by acts of nature, terrorism or other causes that would be considered out of the
control of CCSG.
Three Optional Years
CCSG proposes a fee of 4.00% for all optional years. However, if collections decrease due to
a surcharge payer being found to be exempt from paying the surcharge, then CCSG's
proposed fee will increase to 4.30%. CCSG's fee would also not decrease if the surcharge
collections diminish as a result of economic conditions caused by acts of nature, terrorism
or other causes that would be considered out of the control of CCSG.
Under this scenario, the City of Miami would save approximately $100,000 in parking
surcharge fees in the next five years assuming the annual parking surcharge collections are
$14,000,000, if parking surcharge collections are higher, then the City's savings will be
greater.
csG- Complete Consulting Services Group, LLC.
Not applicable
CSG- Com p)eIe Consulting Services Group, LLC.
r vr�,•i,,
csc;-Complete Consulting Services Group, LLC.
Certification Statcmcnt
Please quote on this form, if applicable, net prices fin the items) listed. Return sif;ned oriflirlal and
retain a copy for your tiles. Prices should include all costs, including u•ansportation to destination. The
City reserves the richt to accepl or reject all w any parr of this subnnission. Prices should be Grn-1 for a
mininuun of 1110 days followinc the time: set fur closing of the• submissions.
In the event of errors 111 extension of totals, the lillll prlt:e5 shall go\VC171 In determining the quoted
prices.
We (1) Certlf)' that We have 1'eild yOW solicitation, collnpleted the necessary documents, and propose to
furnish and deliver; VOR 1)ESTINAnaN, the Acnns 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 cnny of the violations, or debarred or suspended as set in section
1 8-J07 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section) -
EXCEPTIONS:
ti•,
CIS -7
We (I) certify that any and all information contained in this submission is true; and we (I) further eertif},
that this submission is made v,-ithout prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and tivithout collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certiry that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NANZE: �' i t 1<� i
l
IDA
ADDRESS:
PHONE:C�-c5) -] JC— A— 03
ENTAIL
SIGNED BY:
FAX:
l
0.5 _Q L( LL `N` L"' c ._ `4r i BEEPER:
TITLE: r
-DATE:
FATLURE TO CQAjPLE1'E. SICTN'. AND RETURN THIS FORM SHAUDISOLIALFFY MIS BM.
Page 2 of 34
Cerfif-tc'ltloils
Legal Name, of Firm:
Comp)ete Consulfine Services Croup, LLC.
Entity Type: Partnership, Sole, I'mprietorship, Corporation, etc.
Limited Liability Cornp,u.),
fear Established:
2009
Office Location: City of Miami, Miami -Dade County, or other
Cite of Miami: 2650 Biscayne Boulevard, Miami Florida 33137
Occupational License Dumber:
193669
Occupational License Issuing Agency.
City of Miami
Occupational License Expiration Date:
Jule 2011
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 "First Source Hiring .Agreement.": (Yes or
N o)
Yes
Do you expect to create ne", positions it your company it file event your, company was awarded a Contract by the
City? (Yes or No)
Yes
In the event your answer, to question above is yes, how many nmA, positions would you create to perform this work?
Five
Please list the title, rate of pay, summary of duties, number of positions, and expected length of duration of all new
positions which might be created as a result of this award of a Contract.
:II
11
ni I If IH 1161 to i/�15III
Franklin will oversee the City of
,l
Miami Parking Surcharge Program.
Ile will monitor over 4.00 parking
facilities with over °x120 million in
gross revenue to ensure
Franklin
Project Team
niaxinzizaviol) orsurcharge
Laso
Leader
collections.
Salary 10 D OX)
He will be responsible for the Test
Audit program which includes Field
Surveys Field Audits, and Record
Audits. He will also oversee the
parking surcharge payment process
Joaquin
Project
as well as the parking surcharge
Rojas
Manager
Mayers training,
Salary 1000/0
He will conduct Field Surveys and
Field Audits assignments to verify
parking surcharge payers compliance
Jonathan
Parking
with the City or Miami Parking
Rojas
Analyst
Surcharge Ordinance
Salary 100%
She will be responsible for the
parking surcharge payment process,
reconciling bank deposits,
distribution of all correspondence to
Cristina
Administrative
delinquent payers and maintaining
Carras uillo
Assistant
the accuracy of our database
Salary 100%
He will conduct Field Surveys and
Field Audits assignments to verify
parking surcharge payers compliance
Parking
with the Cit37 of Miami Parking
To be Hired
Analyst
Surcharge Ordinance
Salary 100%
Will Subcontractor(s) be used? (Yes or No)
Yes
GLENN )AARCO CAI;LUS A. MIGOYA
('31 lei' FrocurelnclN Officcr C"iiy Ivinnagcr
ADDENDUM NO. 1
RFP No. 219225 July 23, 2010
Administration of the Parking Surcharae Program
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, and clarifications amend the RFP Documents of the above captioned RFP, and shat!
become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining provisions are now in effec'. and remain unchanged.
Please note the contents herein and reflect same on the documents you have on hand.
The RFP closing date and time has been changed to Wednesday, July 28, 2010 at 2:00 p.m.
Section 2.6. PRDPOSEP,'S MINIMUM QUALIFICATIONS is amended as follows:
b) Shall have provided parking surcharge administration and/or parking fee collection services similar in scope as described
in Section 3.1 for a minimum of feu, (4 three f3 years, particularly for a governmental entity, quasi -governmental entity, or
not-for-profit entity of similar size.
Section 3.1. SPECIFICATIONS/SCOPE OF WORK is amended as follows:
1. Overview
A contract will be negotiated and executed with the Successful Proposer and the City. The City contemplates a Contract for
two (2) years ("Contract'). The City shall have the option to extend the Contract for three (3) additional one (1) year periods,
at its sole discretion. SwGGee ! +ti.4 (ag) 2„; p «ittel, r �e
ALL OTHER TERMS AND CONDITIDNS OF THE IFF, REMAIN THE SAME.
Sincerely,
n
Glenn IVTa�cos, PPO, CPPB, FCPM, FCPA
Director/Gh'lef P curernent Officer
GWIVS/ms
c: Bid File
Page l
Linc: 7
Description: Percentage Tee oiAmmi) Collections far the Administration o)' Clic Parkin"
Surcharge Pro -rani, as described in thi's RTY'
H ��` ��y>y^_,z •�a �`,.�/`LC-�`r cam.- J
Category: 95972-00
Unit of'Measure: Year
Unit Price: S; Mlinber of Units: 1 Total: S)
Linc: 2
Description: Annual Tee, in addition to the percentagi' of collections for the Administration of the
Parkin;; Surcharge Proor-am, if'applicable, as described in this P.TP
category: 95872-00
Unit ofJACasure: Year
Unit Price: S Number of Units: 1 Total:
Page 4 of 34
GLENN h41-,RC0S Ilk CAkL05 A. hA1G0)'1, j
C:hYrrPrucurcmcnif.)17icer Cu. hdanage+
ADDENDUM NO, 1
RFP No. 219225 July 23, 2010
Administration of the Parking Surcharge Program
TD: ALL PROSPECTIVE BIDDERS:
The following changes, additions, and clarifications amend the RFP Documents of the above captioned RFP, and shall
become an integral part of the Contract Documents. Words andior figures stricken through shall be deleted.
Underscored words andior figures shall be added. The remaining provisions are now in effect and remain unchanged.
Please note the contents herein and reflect same on the documents you have on hand.
The RFP closing date and time has been changed to Wednesday, July 28, 201D at 2:00 p.m.
Section 2.0. PROPOSEP'S MINIMUM QUAL171CATIDN'S is amended as follows:
b) Shall have provided parking surcharge administration and/or parking fee collection services similar in scope as described
in Section 3.1 for a minimum of faun {� three (3) years, panicularly for a governmental entity, quasi -governmental entity, or
nol-for-profit entity of similar size.
Section 3.1. SP:CIFICAT) DNSISCOPE OF WORK is amended as follows:
1. Overview
A contract will be negotiated and executed with the Successful Proposer and the Ciiy. The City contemplates a Contract for
two (2) years ("Contract"). The City shall have the option to extend the Contract for three (3) additional one (1) year periods,
at its sole discretion. map e l' ho 'ap) da `" itt9r EAGE-
ALL OTH=R TERMS AND CONDITIONS OF'THE 1FB REMAIN THE SAME.
Sincerely,
Glenn Mlai\cos, PPO, CPPB, FCPIO, FCPA
Director/Chief P curement Officer
GIA/IVIS/ms
c: Bid File
Pale 7
Op Ity 0 f Mia, M
Requitast for Proposals
IucnH r0EIJE0
(RFP)
Purchasing Department
IJiami Riverside Cenler
444 SW 2111 Avenue, 611, Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.usiprocurement
RFP Number: 21922,1
Title: Request for Proposals for Administration
of the Parking Surcharbe Pro -ram
issue Date/Time: 09-JCJL-2010
RFP Closinb Date/Time: 07/28/2010 � 14:00:00
Pre -Bid Conference: None
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Frid2y, July 16, 2010 at 5:00 p.m.
Buyer: Suarez, Maritza
Turd Cope Submittal Location: Cite of Miami - Cite Cleric
3500 Pan American Drive
Miami FL 33133 US
Buyer E -Mail Address: msuarez@)ci.niiamiJI.us
Buyer Facsimile:—(30S) 400-305
Page l of 34
C=ertification Statement
PICWC cJuote on this fbtin; if applicable; gel pricey for the item(s) listed. Keturn signed oris lnal and
retain e cope for your flies. Prices shouid inclu.dc all costs; includieiLl transportation Lo dt;stination. The
City reserves the ri_,h1 to accept or r:;jeei all or any )MI -1 Of'this submission. Prices should be llrni for a
mininu.nr, of 120 day; following the: lime set for closin'� of the submi&sionS.
In the cvml of Errors hj extension of totals; the emit prices Shull govern in determining the quoted
prices.
U/e (1) certifjl that we have rcad your solicitation; completed the necessary documents, and propose to
furrilsh and deliver, F.O.B. DES TIN A71 OJN, the items or services specified herein.
Tile bereby certires that neither the contractual party nor any of its principal owners or
persolrnel have been convicted of any of the violations, or debarred or suspended as set in section
1 8-107 or Ordinance No. ] 227]
All exceptions to this submission have been documcntcd in the section below (refer to paragraph and
section).
EX CEPT1 ONS .-
Wt
We (I) certify that any and all information contained in this submission is true; and wt; (I) further certify
that this submission is made without prior understanding; agreement, or connection conection with an),
corporation, firm; or person submitting a submission for the same materials; supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. 'We (I) a i-ee 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 followiu�, and sign your name:
SUPPLIER NAI\/lE:
ADDRESS:
PH ONE:
EMA.I ,:
SIGNED BY:
TITLE:
FAX:
DEEPER:
DATE:
FAFLURE TO COMPLETE SIGN. ANT RI;TIIRN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 34
Ccrtiiications
LeLm) )"lame ot'Tinn:
Entity Typc: Parulership, Sole Proprietorship; Caiporation, ctc.
Yew Established:
Office Location: City of kfiazni, Mianli-Dade County; or Other
OccLlpatlonal License NGnlber:
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 1g-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.'': (Yes 01 -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
pez-Eoirn this work?
Please lisl the title, rate of pay, summary of duties, number of positions; and expected length or duration
of all new positions which alight be created as a result of this award of a Contract.
Will Subcontractors) be used? (Yes or No)
Page 3 of 34
Line:?
Description: Percentage Fer of Annual CuUc:ctiuns for the Administration oithr.('�ukirr-
Surrhar-e Program, as described in this RPP
Category: 9SV2-00
Unit of'Mcasurc: Fear
Unit Price: '$ ?umber of Units: 7 Total: S;
Line: 2
Description: Annuv] Fee, in addition it) the percentabc of collections for the Administration of the
Parkin- Surchar-c Program, if ipplicairlc, as dESCJThed ill this J' +P
Category: 95&72-00
Unit of h/easure: Year
Unit Price: J' Number of Units: 1 Total: i"
Page 4 of 34
Table of Coll LentS
Termsand Condition.........................................................................................................................................f,
1. cimicral conditions..............................................................................................................................6
1.1. GENERAL TEIIJAS AND CONDITIONS ---- ......................................................................6
2. Slteelal conditions..........................................................................
�?
2.J. PURPOSE...............................................................................................................................23
2.2. DEADLINE FUR RECEIPT OF REQUEST FOR ADDIT)ONAL
114FORlAATIO)J/CLATLIFICAT)OI�...........................................................................................2.;
23. TERN) OF COI�'TRACT........................................................................................................23
2.4. CONDITIONS FOR RENEWAL.........................................................................................
23
2.5. NON -APPROPRIATION OF FUNDS...................................................................................
3
2.6. PROPOSER'S MINIMUM QUALIPJCAT.IONS...... -- .......... ........ .... .._. --- .-
..................... 23
2.7. CON'TI:ACT EXECUTJON...................................................................................................24
2.8. FAILURE TO )'ERFDRIA.....................................................................................................24
2.9. INSUR-ANCE REQUIREMENTS.........................................................................................
24
2.10. CONTPLACT ADMINISTRATOR.......................................................................................26
2.11. SUBCONMACTOR(S) OR SUBCONSULTANT(S).......................................................26
2.12. PR.E-BID/PRE-PROPOSAL CONFERENCE --- ................................ --------- ........................26
2.13. TERMINATION ......... ................................ ........ ......................... ........... .....................
......... 6
2.)4. ADDITIONAL TERMS A)'\TD CONDITIONS....................................................................27
2.)5. PR AARY CLIENT (FIRST PRIORITY)..........................................................................
27
3.16. CHANGES/A1.TEP.ATIONS...............................................................................................27
2.17. COMPENSATION PROPOSAL..........................................................................................27
2.78. EVALUATION/SELECTION PROCESS AND CONTRACT AVdARD ..........................27
2.19. ADDITIONAL SERVICES .................................................................................................2s
2.20. RECORDS........................................................................"-.._........................................._....28
2.21. TRUTH II\' NEGOTIATIO)N' CERTIFICATE.....................................................................2s
3. Specifications....................................................................................................................................29
3.1. SPECIFICATIONS/SCOPE OF WORK...............................................................................29
4. Submission RecluiMMMtS.................................................................................................................32
4.1. SUBMISSION' REQUTPEMENTS........................................................................................32
5. Evaluation Criteria............................................................................................................................34
5.1. EVALUATION' CFJTEl'.IA...................................................................................................34
Page 5 of 34
kequest for 1'ropvsals (1 LN') _J
Terms swd Conditions
1. Gulleral Conditions
I.J. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Condition; described herein apply to the acquisition of
goodslegIli pn1ell l/ser vices with an estimated aggregate coSl of `;;25,000.00 or snore.
Dcf-coition: A formal solicitation is defined as issuance of an Invitation for Bids, kequesl for Proposals;
Request for Qualifications, or Request for Letters of Interest pu•swilli to the City of
(Miami Procurement Code andior 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 Compl)l with
the terms herein and be full), in accordance with specifications and of the highest quality. In the evens the
goods/equipmen( supplied to the City are found to be defective or does not confonn to specifications, the
Cite reserves the right to cancel the order upon written notice to the Contractor and return the produel 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 Cit), of a purchase order.
1.3. ACCEPTANCE RLYL, MON — The Cite reserves the right to accept or reject any or all responses or
Parts of after openinviclosing date and request re -issuance on the goods/serndces 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 uintten explanation for the rejection. The Cita, also reserves the
right to reject the response of any bidder/proposer who has previous]), failed to properly perform under the
terms and conditions of a contract; to deliver on time contracts of a similar nature, and wino is not in a
position to perfomn die requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities o; technicalities in any or all responses and may, at its
discretion, re -issue this fomlal solicitation.
1.4. ADDENDA — It is the bidder's/propos-.1's responsibility to ensure receipt of all Addenda. Addenda are
available at the Ct,'s website at: http:/tuna v .ci.nuami.fl.us/procurement
I.S. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response front 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 mart "Alternate Response". Alternate response shall be placed in the saint response. This
prOViS1Dn only applies to formal 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 Cit), of )Miami's
prior -written consent.
1.7. ATTORNIEY'S FEES - In connection with an), 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-111'cludiiig al5jiellate lfti-6atioii"and any
I.R. AUDIT RIGHTS AND RECORMS RETENTION - The Successful Bidder/Proposer al-ees 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 direct]), pertinent to this formal solicitation,
for the purpose of audit; examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
lllaintairr and retain any and all of the books; documents, papers and records pertinent to the Contract for
Page 6 of 34
Kr,quesl for rroposals (.r"-rr) --, ,,
three (3) years after tilt Cin maker, final ptnm)enl and all Other pendni= matters are closed..Conuactol's
failure tee nl' refusal LO comply with Phis condition shall result in the immediate cancellation Of this contract
by the City.
1.9. A VAILABULITI' OP COI\'T'RACT STATE-WIDE - Any Governmental; not-lor-profit or
duilsi- Overnrnent it entily ill the; State of Florida, slay awlil itsei'f of till:; contract and purchase Iny and all
goods/services; specified herein fron-1 the successful bidder(r>)/prol)oser(s) at the contract price(s)
established herein; when pemlissible by f doral, state, and local laws, rules, and regulatiolls.
1;.161 Governmental, nol-for-profit or quasi -governmental 0110 )l which uses this. formal SOliCitatioli and
resultinl' bid c0ntr86l or agreement will establish its MAID contract/agreenlent, place its own orders, issue its
own purchase order;, be invoiced there iron and slake its own paynlents, determine shippin., teens and
issue its Own exemption certificates ae; required by the successful bidder(sllproposer(s).
1.10. AWARD OF' CONTRACT:
A. The Tonnal Solicitation, Bid der: s/Proposer's response, any addenda issued, and tilt ptn'chaSe older shall
constitute the entire contl•acL unless modified in accordance wid, any ensuing Contract/agreement,
amendment or addenda.
L. 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 2E7.0'67, Preference
to Businesses Nvith D111"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 of 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/Propossr and its bid/proposal bond or waranty, if applicable, as a result of daniagts 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 sen+ice
and supplies while a new contract is being solicited, evaluated, and/or awarded. If tilt right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms 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 Cit},, the contract tcmn 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 sum or individual -item basis,
or such combination as shall best sense the interests of the City unless otherwise, specified.
E. A Contract/Agreement may be, awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or ULI, the City
reserves the riaht to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City; will contain
certain terms as are in the Cjrys best interests; and will be sul jest to approval as to legal foss by the City
1.11. LID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond siunled by a recognized
surety company that is licensed to do business in the State of Florida; payable to the Cite of Miatni, for the
amour( bid is required from all bidders/proposers; if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/propose will accept the order or contract/agreenlenL as bid/proposed, if it
is mvarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the Cit), should City award
Page 7 o134
lcequcst for u- , ,
contractia_reenitn!
it) I3iddel/I ropnser and fails to accehl the iward. The City reserves the
right to reject any and all surely tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers wtihll+ ten (J 0) days after the award and sucetssfill bidder'siproposer's a(;ceptance; of'
award. 1f sixl)- (60) days have passed anter the date of the formal solicitation dosing dale; and nocontract
Ila.,; been awarded, all hid deposits will be returned on demand.
1.13. RESPONSE NORM (RAK )COPT' Y-ORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BIL) SECURIT3' POTTEITED LIQUIDATED DAMAGES - Failure to er:ecutc all Agreemenl
and/or file art acceptable Performance Bond; when required, ars provided herein, shall be just cause for tilt
allnuh)lenl 0.1 [lie award and the forfeiture of the Bill Security to the City; which forfeiture shal l be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to tilt
next lowest responsive; responsible Bidder or Proposal most advantageous to the City or all responses 111,13'
Ile rejected.
1.14. BRAND NAMES - If and wherevcr in the specifications brand names, makes, niodeh, names of any
manufacttners; trade names, or bidderiproposer 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
"'her] the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When biddingiproposino an approved equal, Bidders/Propasers will submit, with their respcnse,
complete sets of necessary data (factor), information sheets, specifications, brochures; eic.) in order for the
City to evaluate and determine the equality of the items) bid/proposed. The Cit} shall be the sole judge of
equalih, 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
fomtal solicitation opening/clasing 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 fornral 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 o" Purchasin`,, shall notify all
prospective bidders/proposer and male,- available a written explanation for the cancellation.
1.16. CAPITAL, EKT'ENDITURES - Contractor understands that any capital expenditures that the fim)
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. 1f contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/sen ices, 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 worl: herein provided for by iltjtlnctlon
or other legal or equitable proceedin,s or on account of any delay for any cause over -which the City has no
control.
1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or cormection 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, fi'aud or other
illeaal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The Cit) will investigate all potential situations where collusion may have occurred and the
Cite reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE -WITH FEDERAL, STATE AND LOCAL LAVVS - Contractor understands that
contracts between private entities and local governments are subject to certain lases and regulations,
including laws pertaining to public records, conflict of interest, records keeping etc. City and Contractor
agee to all aplilicalile'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, se;, or age with regard to, but not limited to; the folio -wing:
employment practices, rate of pay or other compensation methods, and training selection.
Page 8 of 34
Kequc-sr io VrollosatSliv , :,�___�,�
U. Occupational, Salery and I-Ieallh Acl (OSl-IA), as applicable to tiii:. Formal Solicitation,
C. The Stat; of Florida Staurus, Sectio: 20.133(3)(A) on Public f 1161-Y Crimes.
D. Lnvironmem 1'rotectior A-ency (EPA). as applicable to this Tonna) SolimM0011.
E. Uniform ConrrrrerciaJ Code (Flo ida SWULes, ChapLer 67").
F. Americans milli Disabilities Ari of] 990, as amended,
C. National Institute. of Occupationa) Safety hazards (MUSED, as spplicable to this F'onnal SoliC;Aa Liot.
11. National FORSt PiodLICU, Association (NFPA), as applicable to this Formal Solicitation,
I. City Procu enium Ordinance City Code Section 1 G, Article II1.
:1. Conflici of Interest; Ciry Codc Section 2-6J J,61.
K. Cone of Silence, City Code Section I S-74.
L. The Florida Statutes Sections 215.73 and 215.74 on Prompt Payment,
M. First Source hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
lmplementecl to foster the creation of new and permanent jobs for Ciry of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lacl, 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 tenninatior 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 15-74 of the Cita of lAiami Code, a "Cont of Silence" is
imposed upori each RFP, RFQ, RFLL, or IFB after advertisement and ternrinates at the time the City
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 1200,000. The Cone of Silence prohibits any conununicatior; regarding FFPs, P\.FQs,
RFLI or IFBs (bids) betnveen, 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 Tespective selectioil/evaluation conunittcc.
The proi,isior does not apply to, among other eomrtlunieations:
oral conununications 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 apple to oral conrrnunications at duly noticed site visitshnspectiolls, pre -proposal or
pre-bid conferences, oral presentations before selection/evaluation coniliduees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami Cite Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any CitjI employee,
official or member of the City Commission unless specifically prohibited by the applicable P.FF, IFQ,
P•FLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); o communications in
cotoeetion with the collection of industry con nients or the performance of market research regardinD a
particular UP, RFQ,1'LFLI OR IFB by City Purchasing staff.
Proposers or bidders muss file a copy of any written communications with the Office of the Cite Cl erk,
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 Cleric, which shall be made available to any person upon request. Writtell
conununications niay be in the fonu of e-mail; with a copy to the Office of the City Cleric.
In addition to any other penalties provided by law, violairon of the Cone ofSilence by any proposeror -
bidder shall render ally 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 persona) )mowledge of a violation of these provisions shall report such violation to the State
Attorneyand/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.
Palle 9 of 34
Kequesi For rroposars (jtrs-) _,�,
Tbic laneuaIe is only a surrnnary of the hty provisions of the Coni- of Silence. Please review City of
Ivlianri Code Section 1i;-74 loi i cmnpletc and thorough description 0I tilt Cone ol'Silence. You may
contact the Cily Cled: at 303-250-53601 to obtain a copy of"same.
1.21. CONFIDENTIALITY - As a political subdivision; the Cir)' ofivliami is subject to the Florida
Sunshine Act and I'ublic Kecordrs 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. CONFLICTOF INTE):ES'f — Bidders/Proposers, by responding to this Formal Solieilation, certifi,
that to the best of their lcno\a+ledhe or belief, no elected%appointed oflicial or employee of the City of"Aiiami
is financially interested, directly or indirectly; ill the purchase of"goods/services specified in this Tonna]
Solicitation. Any such interests ori the parr of tilt Bidder/Proposer or its emplc?veer must be clisclostd in
writing; to the City. Further; you must disclose the name of any City employee ivbo owns, dirbrd), or
indirectly, ars interest offive percenl (5%V) orrnore of the total assets of capital stock in your firm.
1.23. COPYRIGHT Oit PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in marrufacturinb, producing, or selling the goods shipped or ordered and/or
services provided as a resull of this formal solicitation; and bidders/proposers agree to hold the City
hannless 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 tilt City, or any worl: performed in connection therewith shall be borne by tilt
D i dder(s)/Propos er(s).
1.25. DEBARMENT AND SUSPENSION'S (Sec I S-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 Wortley, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than, three years. The City Manager shall also have the
authority to suspend a Contractual Parte from consideration for award of city Contracts if there is probable
cause for debarment; pending the debarment determination. The authorin, to debar and suspend contractor
shall be exercised in accordance with regulations whichr shall be issued by the Chief Procurement Officer
after approval by the Ciry Manager; the city attome},, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include tilt 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 lacl, 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 ChiefProcuremenl Officer to be
indicative of nonresponsibility. Such violation may include failure without Rood cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract; provided that failure to perform caused by acts beyond the control of a part}, shall not be
considered a basis for debarment or suspension.
(5) Debarment or- suspension of the Contractual Party by arty federal, slate or other governmental
entih,. y
.,certification_pursuant to..paracr aph...(c), b el�y} ..
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(S) 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.
Pale 10 of 34
(9) Am, other cause judLt:J by the City Ivianace to be; so serious and compellinn' a:: to affncl the
responsibility of tilt Contractual Parry pertornlin ' city Contracts.
(c) Certification. All Contracts for goods and services, sales; and leases by the city shall contain a
certification that neither tilt; Conu-actual Part)' nor any of its principal owner:; w het;sonnel have been
convicted of any of the violations sel forth above or debarred or suspended it!; set forth in partgraph
(d) Debarnicnt and suspension deeiSiOW;. Subject to tilt provisions of paragraph (a), the City Nlanager shall
render a written decision staling the reasons for the debarment of suspension. /. t:op)' of tilt decision shall
he provided promptly to the Contractual Party, alone, with a notice of said parly's right to seek judicial
relief.
1.20. DEBAJO hEWSUSPENDED VENDORS —An entity or affiliate M1110 ha; been placed on the State of
Florida deban-ed or suspended vendor lis[ inay not snbinit ar resl)onse on a contract to provide goods or
services to a public emit, may not submit a response on a contract with a public: entity for the collstruction
or repair of a public buiidirror public worl., may nol submit response on lea:;es of real prol)erty to a public
entity, play not award orperform work as a contractor, supplier, subcontractor, nr consultant under contract
With any public entq; and may not transact business witli any public entity.
1.27. DEFAULT/FAILURE TO PERFOhM - The Cite shall be the soiejudoe of nonperforiaiance, which
shall include any failure on tilt part of the successful Bidder/Proposer to accept the award, to furnish
required documents; aildior to fulfill any 1)orbon of this contract Within tilt: time stipulated.
Upon defaull by the successful Bidder/Prol)oser to meet any terms of this aT=nient, 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 pari to correct the defaull within the required
three (3) days shall result in the Contract being tetminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The followin.shall constitute default:
A. Failure to )=-form the wort: or deliver the goods/semces required under the Contract and/or within the
time required or failing to use the subcontractors; entities and personnel as identified and set forth; and to
the degree specified in the Contract.
B. Failure to begin the world under this Contract ivithii) the time specified.
C. Failure to perfom� file wort: with sufficient workers and equipment or with sufncient materials to
ensure tine))' completion.
D. 1gCUJt0ting or refusing to remove materials or perfoml new u'orl: where prior w'orl: has been rejected as
nonconforming with the terns of the Contract.
E. Becoming insolvent; being declared batilc upt, or committing any act of bard ruptcy or insolvency, or
making an assigrun=nt for the benefit of creditors, if the insolvency, bankruptcy, or assigimient renders the
successful Bidder/Proposer incapable of pe forming the work in accordance with and as required by the
Contract.
F. Failure to comply with an)' of the terms of the Contract in any material respect.
All costs and charges incrm•ed by the City as a result of a defaull or a default incurred beyond the time
limits stated, to;�ether with the cost of completing the world, shall be deducted from an)' monies due 03-
which
rwhich may become due on this Contract.
1.29. DETERIYIINAT'ION 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 i
response shall be fixed after the award by the Commission, unless oche vise specified in the Special Terns
and Conditions. Price discounts off the original prices quoted in the response will be accepted frons
successful Bidder(s)/Proposer(s) during the teen of the contract. Such discounts shall remain in effect for
a mininluin of 120 days frons aP1)roval by the City Commission Airy discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
Page 1 1 of 34
JU:Ctucsi Jul i iujx,ou.., "— . , ...... .
J.30. DISCREPANCIES, ERROI;S, AND OMISSIONS - Any discrepancies; errors, or arnbi_wues in
the Formal Solicitation or addenda (if an),l should be reported in writing, LO lhr Cit),:s Purchasin�,
Departrilent. SlJould it be Mound necessary; a "'I'Itten addendum will be incorporated in the Formal
Solicitation and will become pail of the purchase a ,regiment (contract documenls). Tht City will not be
responsible for any oral instructions, clarifications; or other communications.
A. Order of Precedence - /viy irnconsistency in Ihis fomra l solicitation shall be resolved by llivirJg
precedence to the following documents, the first of such list being the governing doCLnnetit:.
7) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Ter -IS and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - JH the event ofa 131.1171Cane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/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 time. of emeroency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT- The Bid Contract or Agreement consists of this
City of`Mianri Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreemew entered into by the City of l>/ianii and Contractor in cases involvinS RFPs;
RFQs; and RFLls, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other newonaboils. understanding and representations, if any,
made by and betwron the parties. To the extent that the a_Ireemeni conflicts with, modifies; alters or
changes any of the terms and conditions contained in the Fonnal Solicitation and/or Response; the Formal
Solicitation and then the Response shall control. This Contract nray be modified on]), by a written
am-eement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES—Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The Cit), 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 Cit), for purposes of deternrininE. the low bidder or most
advantav--ous proposer meeting specifications. The Citi, reserves the right to acquire additional quantities
at the prices bidlproposed or at lower prices in this Fonnal Solicitation.
1.34. EN%ALUATION OF RESPONSES
A.Rejection of Responses
The City pray reject a Response for ant, of the following reasons:
1) Bidder/Proposer fails to ack im,;dedgereceipt of addenda;
2) Bidder/Proposer nristates 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 no! an all inclusive list of reasons for which a Response ma), be rejected. The Cit}, 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 of firm which is in arrears to the City upon any debt or
- • -- contract,=or-��,hich�is-a-defaulter_.as_suret}v or otlreruvise-upon.and,_obligation..to..tlJe_Cit},.
2) A contract nray not be awarded to any person or firm which has failed to perfonii under the terms and
conditions of any previous contract with the Ciq, or deliver on time contracts of a similar nahn-e.
3) A contract may nol be awarded to any person or firm which has been debarred by the City in
accordance with the City�s Debarment and Suspension Ordinance.
Paae 12 of 34
C. Deter•nlinatioil of'Respousibility
1) Responses will only beconsidered fi-0111 cnlitie:; 1Aybo are re2u1ar'1y enLaeed ill the business otprovidine
they gU(1dS%CC1Lnpll,elll/SC I'I ICC;; regn]recl by tilt Formai Solicitation. Bidder/Proposer must be able to
demonstrate a Satisfactory record ofperfbrnlanee and inlegrilY; and., have sufficient financial; material,
equipment, facility, personnel resourecs, and expertise u, meet all contractual requirements. The terms
"equipment and organization" as ca
used hern shall be colS11'1led to 711ean a fully equipped al](] e11
established entity in line with the best industry praelices in the industry as determined by the Cite.
2) The Cite ilia), consider any evidence available regmrdiln' the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
govemnlantal entity ill makin- the award.
3) The City nrpy require the Bidder(s)ll'roposer(s) to show proof that they have bear designated w, an
authorized representative of a manufacturer or supplier Which is the actual source of slglply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/Olt SPECIAL CONDITION'S OR SI'ECIFICAT] ONS -
Exceptions to the specifications shall be listed on the response and shall reference the seetion. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. 11 also may be cause fora 1`1FP, 1\'-FQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the Cerins and conditions of the resulting a«reemen( it ilia), 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 may be 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. Such prices will remain firm for the period of perfor roance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of tune.
1.35. FIRST-SDURCE HIRING AGREEMENT (Sec, 18-105)
(a) The Commission approves implementation of flit first -source hiring a4reement 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
a-reements between the organization or individual receivine said contract and the authorized representative
unless such an agreement is found infeasible by the cite manager and such finding approved by the Cit},
Commission at a public hearin,.
(b) For the purpose of this section, the following), temis, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Trainin, 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 publicworks, orks, 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 clevelopnlent action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, lncorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the cit, v,hich include professional
Services includes; without limitation, public works improvements; facilities, professional services,
conutlodities, supplies, materials and equipment.
(c) The authorized representative shall n.—,otiale each first -source hiring a-grea-meat.
(d) The primai�, beneficiaries of the first -source hiring agreement shall be pai licipants of the city
Page 13 of 34
Iramim, and entplovnitmi procrtuns. and other residents of the (;it),
3.39. F1,01,1DA MINIMUM WAGE - The C.O11StitULiOrll of the State of Florida, Ankle X: Section 24,
state:: that employer;: shall pay employee w,ryes ru, less than the rninimun-, waye for all hour:: worked in
Florida. Accordingly, it is the contractors and its' subconuaotor(s) responsibility to urulerstand and
comply with this, Florida constitutional nnininrun, wage requirentenl and pay its employees the current
established hourly ntininnum watt rate, whicl, is subject to chan!;e or adjustecl by flit rate of inflation usin=,
the consunner price index for urbiut wale earners and clerical workers, CPI -M, or a successor index, its
calculated by the United State;; Departnnent of'Labor. Each adjusted Minimtrn' wage rale calculated shall
be determined and published by the Agency Workforce. Innovation on September 30111 of each year and
take effect 0n tht 10)JowinG aalnuat_y 1st.
At the time of responding, it i:; bidder/proposer and Ilis/her subcontractor(s), if appiicabke full
responsibility to determine whether at))' ofils empinyees may b,- impacted by this Florida Lam, at any elven
point in time durinL1,tilt LCI -111 of'the contract. If impacted; bidder/proposer nitisi furnish employee nalne(s),
job tide(s),.Job description(s), and current pay rate(s). Failtu-e to subnnif this iltfoi7lnation at the time of
submitting a response constitute successful bidder's/proposer's acknow(edgernent and cnidw-Aanding that
the Florida 1Vinimt11it Vdage Law will 1101 11npaG its prices throughout the tern of contract and waiver of
B13)1 contractual price increase request(s). The City reserves the right to request and successful
bicidei/proposer must provide for any and all infonnation to make a wage and contractual price incrcase(s)
determination.
1.40. GOVERNING LAW AND VE NUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties aLn'te that any action, mediation or arbitration arising out of this
Contract shall take place in lvliami-Dade County, Florida.
1.41. HEADINGS AND TE PAIS - The headings to the various paragraphs of this Contract have been
inserted for convenient ref rence only and shall not in any manner be construed as modifying, amending or
affecting in any way tite expressed terms and provisions hereof.
1.42 HEALTH IIISURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that perforins or assists the City oflviiami with a function or activity involving the use o-,-
disclosure
rdisclosure of "individually identifiable health inforrnnation (I1HI) andior Protected )-lealtll Information (PHI)
shall comply with tine Health Insurance Portability and Accountability Act (HIDA- ) of 1996 and the City
of h4iami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performhlE! services required by the contract or as required by lain;
B. Use of appropriate safeguards to prevent non-pernntted disclosures,
C. Reporting to the Cit; of Miami of any non-pen-nitted use or disclosure;
A. Assurances that any agents and subcontractors agg.ree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that III-II/PI-I1 will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incotporating any amendments
requested by the customer;
G. Making PIII available to the City of Miami for an accounting of disclosures; and
H. Waking internal practices. books and records related to PHI available to the City of hti ianni for
compliance audits
PI11 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 cusLomers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protecLed health information.
1.43. INDEMNIFICATION = The Contractor shall indemnify and save harmless forever the -City, and all
the City's agents, officers and cnnployecs from and against all charges or clainns resulting from ani, bodily
iniur�,, loss of life, of damage Lo property from any act, omission orneglect, by itself or its einplogees; the
Contractor shall becorne defendant in every suit brought for any of such causes of action against the Cite or
the City's officials, agents and employees; the Contactor shall further iudenulify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such clainns and any resulting
Page 14 of 34
I MICSI I'_a[1011.
1.44. INFOR-MATION AND D SCMPTI1'1 L1TEI:ATUI:) —Bidders/1'rupnser must i`urnish all
infOITID ion requested in the spaces provided in the Formal SOIICiMiOn. F1n-ther, a:: play be specified
elsewhere, each 13iddeiLi'roposer mus[ submit for evaluation; cuts, sketches, desCriplive hteraturt; LechiliCal
specifications, and Material Safety Data Sheet„ (J\4SDS)tis required, covering the products offered.
Reierencc to literature submitted with I previous res)')onse or ol, flit with the• Buyer will not satisfy this
provision.
1.45. INSPECTIONS - Tht Citi' may, ai reasonabic tinges during the term hereof; inspect Contractors
facilities and perform such tests, as the City deems reasonably necessary; to determine whedler the goods
andior services required to be provided by the Contractor under this Contract conform to the terms and
condition:; of the Formal Solicitation. Contractor shall make available to the City all reasonable iacillhts
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspection;; shall be subjecl to, and made in accordance with, the provisions of the Cite of Miami Ordinance
No. 1227.1 (Section 1 t,-79), a;; same may be amended or supplemented from time to Lime.
1.46. INSTIECTION OF USPONNSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closin,,, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon requesl via far, or e-mail to the Sr. Procurement Specialist issuin- the Svlicitativn.
Tabulations also are available on the City s Web Site following recommendation for award.
1.47. INSURANCE-1Alithin 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
coveraLle 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 (5i
calendar days to submit a conected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteenr (15) calendar days after
receipt Notice of Award; the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under sucli circumstances, the Bidder/Proposer may be prohibited from
submittirin funire responses to the City. lnfornlation regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SV' ?rid Avenue, 9th F)oor, Miami,
Florida 33130, 305-416-1604.
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 terms that may be *ranted to the Bidder/Proposer.
1.48. INTVOICES - 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 2 J F, of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PRE FERE NCR - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, wbo maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if time original bid amount submitted by the local vendor is not more than ten
percent (J 05,0) in excess of the lowest other responsible and responsive bidder/proposer.
1.50. MANUFACTURER'S CERTIF) CAT) ON - The City reserves the right to request from
bidders/proposers a separate [Manufacturer's Certification of all statements macre in the bidiproJ>osal.
Failwe 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.
T. �1: MODIF3GATIONS OP. CILkNOES"INT-PURC7=IA_SEDRD?;I:S A 'D: CONTRACTS
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the Cih' unless made in writing by the Director of Purchasing of the City
of h4lami. Florida through tine issuance of a change order, addendum, amendment; of supplement to the
contract, purchase order of award sheet as appropriate.
Page 15 of 34
LS2. NO PAIZTNERSIIIP OP. JOINT VENTUJ:E - Nothiny contained fn this: Conuraef will he deemed
or construed to create ;i partnership or joint venture between the City of AIM11f and Contractor, or to create
<ury other similar relationship between the parties:.
1.53. NONCONFORMANCE TO CONTRACTCONDITIONS - hems: rnvy be tested for compliance
with specifications under flit direction of the Ron& Ueptnlmenl of Al riculture and Consumer Services or
by other rgrpropriate te;tim, Laboratories as dewi-mincxl by the City. Tht data derived from any test for
conmpllance with spociftcatlons ir; public record and open to erarnination thereto ii-, s;cccnrdance with
Chapter 119, Florida Statutes. ]terns delivered no( conforming, to specifications may be rejecicd and
returned at Bidder's/Proposers expense. These non -conforming items not delivered as per delivery dale in
the response and/or Purchase Order may result in bidderipropose beim found in default in which evcnl
ant, and alt re -procurement costs may be charged against the defaulted contractor. An} violation of these
stipulatiolma may also result in the supplier's n<rme being removed from the City of'lviiarni's SLIpplier's list.
1.54. NONDISCRIMINATION—Bidder/Proposer agn-ces that it steali nol discriminate as to race, sex,
W.101, age, rel lois» i, national origin, marital status, or disability in connection with its peribmmance under
this formal solicitation. Furthermore, Bidder/Proposer at*rees that no otherwise qualified individual shall
solely by reason of his/her race, se::; color, a�,e, religion; national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
prol"ram 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 ernploymenl.
1.55. NON-EXCLUSIVE CONTRACT/ I'IGCYBACK PROV1SJ ON - At such tines as may serve its
best interest. the City of Miami reserves the right to advertise for, receive; and award additional contracts
for these herein �yoods and/or ssn'ices, and to make use of other competitively bid (governmental)
contracts, agreements, or other simflar sources for the purchase of these goods and/or sen'ices 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 commodities; 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 terms, conditions and awards rendered under this solicitation; unless such purchases are
determined to be in the best interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation orjoint 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 Tal 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 Tar; 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.
L57. ONE PROPOSAL - Only one (J) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses hday Be Considered".
1.55.OWNERSHIP OF DDCUMENTS - 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!Bjdder(Proposer_for.ai vother.purposes �3hatsoever_v itlm�ul,.the written_consent of the City.
1.59. PARTIAL IN'1'ALIDITY - if any provision of this Contract or the application thereof to any person
or circumstance shall to any ertetnt be held invalid, then the remainder of this Contract or the apptication 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 exatnt
permitted by lave'.
Page 16 of 34
1.60, I'EltFUI:MANCE/t'A)'MENT IsONI) —A Contractor entry be rccquimd to furnish a
1'er fnrnttunce/Payment livnd ms pari of the rcytnretnems of flirt; ContrecL ill an amotmt equal to one hundred
percent (1001";') of the =Itracl price.
1.61. PREPARATION OF RE'SPON'SES (I-1ARI)COPY FORMAT) —Bidders/1'roposers an-e expected to
examine the specifications, required delivery; drtrwin t:, and all special and general conditions. All
bicllproposecl amounts; if required, shall b- either t)'pewntten or entered inty the: space providecl with ml_.
Failtne to do so will be at the Bidder's/Prvpvser s risk.
A. Each Bidder/Proposer shall furnish the information required ill the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ml: or type the imine of the Bic)der/Proposer, address,
Mid telephone number on Hit fila- page and ori each continuation sheet thereof on which hie/she makes an
entry, ms required.
B. If so required, the trail price for each unit offerecl shall be shown, and such price shall include
pachagino, harldlin" and shipping; and F.O.B. Miami delivery inside Cite premixes unless otherwise
specified Bidder/Proposer shall include in the response all taxes, insurance; social security, workmen's
compensation; and tiny 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" colunm for each item offered. In case
of discrepancy between the trait price and extended price, the unit price will be presumed con-ect.
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 fbture reference.
E. All responses; as described, must be fully completed and typed or printed in incl: and must be sighed in
ink with the ftrnn's name and by an officer or employe- having authoriry to bind the company or f1m) by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink b), person
signinn 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/Proposers response may be included as pail 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 forniat. 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 F0PJ\4S,
U1dLESS OTHERWISE SPECIFIED, AIZ ANTY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE NIAY BE DEEN61ED NON-RESPONSIVE.
1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of maricet change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.65. 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 deliver), and that the new product meets or exceeds
all quality redunetnents.
1.64. CONFLICT OF INTERE ST, AND UNETHICAL BUSINESS PRACTICE PROHIB'ITION'S -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the Cite to solicit or secure this Contract and that it has not offered to pay, paid; or agreed to
pay any person any fee, commission, percentage; brokerage fee, or gift of any kind contin-entt ulron or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment, hom,mler,
diseounts slialTnot-Iie c�nsidered_iY) detennining,tbe l_01 est net cosrfor response evaluationpurposes. ---
Biciclers/Proposers are required Lo 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 o percentage, it is
understood and a,(,j-=d that the Lenns shall be 2% 20 days, effective after receipt of invoice or final
Page 17 of 34
acceptance bY ale Oily, 10hi JwN,er is hae.
MVhen the City is entitled to a casli discount, the period of computation will conirnencc or, th- date of
delivery; or receipf of it cor-recdy corilpleLecl invoice; "'hichever is later. if an adjusurlent ir, pit} nleit is
necessai)y due to daillil_yt, Isle cash discount period shall corfvncncc oil the date final approval 101 payment
IS authorized. if a discount i.: pini of the contract; but file invoice does not reflect the C;:istenee of a cast -1
di count; the Cite is entitled to a Cash discount with the period conunencin,- on the date if is cleLerroined by
the City that a cash discount appfie
f'rice discounts off tale ori(Tinal prices quoted on flit price Sheet will be accepted fiori-i successful
bidders/proposer: din-ing the terns of the contract.
1.66. PROPERTY - Property owned by the City of lvfiarni is flit responsibility of the City of Miami. Such
property furnished to a Contractor for repair, nlodif cation; study; etc., shall relMlin the property of the Ciiy
of Mianli. Datna ,es, to such property occurring while in the passessinn of lilt COMM-aClor shall be the
responsibility of the ConLracioi. Damages occurriu ,� to such propert} while in route to the Cit), ofJvlianli
shall be the responsibility of the Contractor. In the event that such property is destroyed of declared I total
loss; the Contractor shall be responsible for replacenlenl value of the property at flit current market value,
less depreciation of the property, if any.
1.67. PROVISION'S BINDINC - Except as otherwise expressly provided in tilt resulting Contract, all
COMMAS; condition:; and provisions of the resulting Contract shall bt binding upon and shall inure to the
benefit of the parties hereto and their respective heirs; legal representatives, successors and assilpis.
1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor hsl
following a conviction for a public entity crime ma}y not submit a response on a contract to provide any
,nods 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 worl: as a contractor; supplier; subcontractor; or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CA TEGORY TWO for a period of 36
months from the date of beim placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and infomlation pertaining to City contracts, subject to the provisions of ChapteT
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agi-ees 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 canceliation of this
Contract by the City.
LM 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 glade of worlallanship, unless as otherwise specified hl this Solicitation.
1.71. QUALITY OF MIOR /SERVICES - The work/services peifomied must be of the highest quality
and worlunatlship. Iviaterials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AVIARD (Sec. 18-1106) - 1f prior to Contract award it is detemlined that a
formal solicitation or proposed award is in violation of law; then the solicitation or proposed award shall be
cancelled by the City Corninission, the City Manager of the Chief Procurement Officer, as Tray be
applicable, or revised to comply with the law.
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 16-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall2Tave t11e a ithoritJ to resolve controversies between the-Contractual-Party_and..tlle..cit, which_
arise under; or by virtue of, a Contract between thea; provided that, in cases involving an -amount -greater
than 5:257000, the City Conunission must approve the City Manager's decision. Such authority extends,
1-vithout limitation, to Coll trovci-sies based upon breach of Contract, mistake, misrepresentati on or lack of
complete performance, and shall be involved by a Contractual Pail), by submission of a protest to the City
Manager.
Page 18 of 34
(h) Conu-acr dispute decisions. If a dispute is 1101 resolved by mutual consent; the City Manzlger sJhall
promptly tender -,j wriueo report statim the reason:: for the. action Lateen b�� the City Commission or tile. City
ManaUer which Silalf be final and coihehc;n e. A copy of the dtmiai-i shall be immediately prcwided to the
protesting party, along willl a notice of such parry':, right to sees: judicial relief; provided thal the protesting
party shall 1101 be entitled to such, judicial relief without first haviri� Rdlov,'ed tilt: piocCdin-C Set fol-th 111 this
section.
1.74, k?✓SOLUTfON OFSTBD SOLICITATIONS AND AWAkllS (Sec. ]8-104)
(a) Right to protest. Tl1e following procedure:; shall be used for resohuion of protested solicitations and
awards except for purchases of goods, supplies; equipment, and services, the estimated cost of which clots
not exceed 525,000.
Protests thereon shall be governed by flit Administr<Uive Policies: and Procedures of Purchasing.
].Protest of Solicit.1doll.
i. Any prospective proposer who perceives itself aggrieved in connection with the solieitatior, of a Contract
may protest to the Chief'Procuremem Officer. A written notice of intent to fife 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 hlterest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed wlien received by flit 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 r1ewspaper of-eneral
circulation. A notice of intent to file a protest is considered filed when received by the ChiefProcuremeni
Officer.
2. Protest of'Ahrard.
L A written notice of intent to rile 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 Cite
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recomrnendatiohh of Award To fields. If "various" is
indicated in the Reconmiendatiou of Award To field; the Bidder/Proposer must 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 villose Bid is lower than that of the recommended bidder
nha), protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be riled 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 cite 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.
W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Office]-
within
fficerwithin five (5) days after the date the notice of protest was filed. A written protest is considered filed wiled
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaivation criteria or the formula for
assigning points in making an award determination.
The writte i 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 Pee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, ?rounds, documentation or evidence not contained in the protester s
submission to the -Chief Rrecurement-Officer.at tile .time-of.flingAll e -pro Lest.shall be..petnhitted 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 of default from whieh 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
Sattnrday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
Page 19 of 34
neither ti Saturday, Sunday or 1cLtrl holiday. hrternrediate Sauudliys; Sundays and Ic,al holidhrys shall be
excluded in tilt computation of the wrie for filing.
(b) Authority to resole: protests. The ChiefProcuremeni Officer shall have the aulhtxity, sullied to the
approval of the City Ivlanaver and tilt cite attorney, to settle and resvJvc any written protest. The Chief
P rocuremenl Officer shall obtain tilt requisitC approvals kind cominLill lcaLe Said deeisiol) Lo the pi-otestinL
party and shall submit said decision to tine City Commission within 30 days after Jleislie receives the
protest. In cases involvin;; more !hall 41,25,000, til;: decision of the Chiei Procurement Officer shall be
submitted for approval or disapproval thereof to tilt City Commission after a favorable reconvYiericlabori by
the city attorney and the Cil), Ivlanapi.
(C) Compliance widl Glint• requirements. Hiilure of party to time]} file either the nolicc ofintent to file o
pro Lest or the written protest; together with the required Filing Fee as provided in subsection (f), Minh the
Chiefl'rvcuremenl officer within the time provided in subsection (it), above, shall constitute zi forfeiture of
such party.; right to file a protest pursuant to this section. The protesting parly shall not be entitled to seel,
.judicial relief witilout first having followed the procedure set forth in this; section
(d) Stay v1 Procurranents during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section; the city shall not proceed further witl) the solicitation or with the award ofthe
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Ivianager makes a written determination thal 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 it 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 Lo the cit) in an amount equal to one percent of the amount of tine Bid or proposed
Contract, or 55000.00, 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 e, protest is upheld by
the Chief Procurement Officer and/or the Cite 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 fihnE fee
shall be forfeited to the city in Iieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items; when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing; bidders)/proposcr(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.
1.76. SELLING; TP.ANSFERRING 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 pctfotmance 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.
1.77. SER)'] CE AND Vi'ARR&NTY — v)1hen specified, the biddmVproposer shall define all ivarmnty,
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 yotn response.
1.75. 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 commercial 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 qualii ,,
All interpretations of these specrftcativns-sliall-b� iiiade_ujioii the basis_of this statcnicrit.
-
If your final 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.
1.79. SUBMISSION AND PECEIPT OF RESPONSES - Responses shall be submitted electronically via
Page 20 of 34
the Oracle Systcln or responses 11711y bt subn7ined in hardcopy formal to the CilY Clerk. City Hall, 3X00
I'an American Drive. 1) anni, Florida 33-13 5504, aI or bcfort. the specified closing date find time as
desiumated in the IFB, KFP; KF(), of I:FLJ. NO EXCEPTIONS. bidders/Proposers are welcome to attend
tht solicitation closing; however, no award hill be made at that time.
A. I-Iardcom, responses shall be enclosed in it sealed envelope, box packa,e. The face of the envelope,
box or package 111LISI SNOW the hour and date speetJled for rteefpl o1 1'CSI)OI7SCE; the solicitation number and
title, and the name and return address of the Iliddcr/Proposer. IJardcopy response:, not submitted on tl7e
requisite kesponsc Forms nifty be rejected. IJardcopy responses received al any Other location than tilt
specified shall be deemed nor) -responsive.
Directions to City Hall:
FROM THE NORTE: )-95 SDUTI-1 UNTIL JT TURNS INTO LIS]. US] SOUTH TO 27TIJ AVE',
TURD) LEFT, MOCEED SOUTI-1 TO SO. BAYSIJORE DR. (3RD TRAFFIC LIGHT), TURN LETT; I
BLOCK TUJ�N R1GI-17' Of�r 11/.O� / iIAERlCAN DR. CIT)' JJALL IS AT TI -IE E11D OF I'Al\1
AMERICAN DR. PAR1tING IS ON RIGHT.
FROM THE SOUTIJ: USI NORTI-1 TO 27TI-i AVENUE; TURi'\1 RIGHT, PJ:OCEED SOUTH TO SO.
BAYSIIORE DR. (3RD TRAFFIC LIGHT); TURD' LEFT; I BLOCK TURI1 RIGIJT ON PAN
AMER)CAN DR. CJTY JJALL IS AT TIIE END OF PAN AMERICAN DR. PARKING 1S ON RIGI]T.
L. Facsimile responses will nol be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibilit), for obtainiiiL and submittin, a response on or before the close date is solely and
strictly the responsibility of Bidder%Proposer. Tile Cite of Miami is Doi responsible for delays caused by
the United States mail delivery or' caused by any other occun-ence. 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 T --jetted.
F. All responses are sub'
j--ct to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification ofresponses alreaj, submitted will be considered only ifreceived at the City before the
time and date set for closing of solicitation responses. All modifications nmst be submitted via the Oracle
System or in writing. One a solicitation closes (closed date and/or time expires), the Cir)' will not consider
any subsequent submission which alters the responses.
A. 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, boa or package must contain the
inforn7ation previously stated in 1.82.A.
1.80. 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. Nom ithstanding, 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.
1.51. TE RMINATI ON —The City Manager on behalf of the City of )Viami reserves the right to terminate
this contract by -\vritten notice to the contractor effective the date specified in the notice should any of the
following apply:
A.. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the Cite to terminate the
_contract -for -its _o��tn.convenien ce;._ _ . _
C. Funds are not available to cover the cost of the goods and/or- services. The Citys obli-Eation is
contingenl upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be n7ade by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with mvard
Page 21 of 34
specifications. flee of'darnage or defect: and properly invoiced. No advance paytnentr; of any J:ind will be
made by the City of Ivii<mri.
Payment shall be madcs after delivery, within 45 days of receipt of an invoice and authonztd inspection
Mid acceptance of the goods/services and pur:suanl to Section 218.74, Florida Statutes and other applicable
law.
1.53. TIMELY DELIVERY - Tinu will be of the essence for any orders placed o—) result of this
solicitation. The City reserves the right to caner) such orders; or any part thtreof, without obligation, if
delivery is not made within U-te time(s) specified ort their hesponsc. Deliveries arc; to be made dorm"
recerlar City business: hour;, units« otherwise specified in the Special Conditions.
1.54. TITLE - Title to the goods or equipment shall not pass to the Cite until after the City has aceepttd
the roods/equipment or used the goods; u hiclrever come:: fust.
1.85.T1UDE SLCUTS EiiLCUTION TO PUBLIC RBCOIWS DISCLOSUI:E- AN Responses
submitted to the City are subitct to public disclostn't pursuant to Chapter 1 ] ), Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitmes a "wade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION,' witi'i your Emu'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 b}, you may be challenged in courl 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 Cih, by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELI IERY OF GOODS- Neither the qualified
Bidders)/Proposer(s) nor an), 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 wort; performed or goods delivered outside the scope of the
contract or any wort: performed by an employee not otherwise previously authorized.
1.57. USE OF NAME - The City is not engaged in research .for advertising, sales promotion; or other
publicity purposes. No advertising; sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned; or imply the name of the City; ivithout prior express
written permission of the City h4anager or the Cite Connnission,
1.88. VAP1ATIDNS OF SPECIFICATIONS - For purlroses 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.
Paue 22 of 34
2. Spacial Conditions
2.1. 111JRI'OSE
The purpose of this Solicitation is to establish a contract, ibr Administration of* the City':; L'ar1UnL
Slnchar-e Pra n.arll as specified herein, Liam a source(s) of'sopply that will give prompt and ejfciew
service fully comphanl with the terms, condition;, and stilnilalions of the solicitation.
2.2. DEADLINE FOR RF;CEIPT OF,* REQUEST ROR ADI)TTIONAL
1 NFORMATI ON/CLARIT�'I CA T1 ON
Any questions or clarifications concerning; this solicitation shall be submitted by email or facsimile to fhe
Purchasing Department, Atm: Maritza Suarez, CPPB; fio (305) 400-5025 or
email: nmsuarez(gci.milnni.fl.us. The solicitation title and number shall be referenced or; all
correspondence. All questions mus! be received no later than Friday, Ju 1), 16, 2010 at 5:00 lm.m.. All
responses to questions will be sent to all prospective bidders/proposers in the form on ari addertclum. NO
QUESTIONS -WILL BE RECE VED VERBALLY OR AFTER SAID DEADLINE.
2.3. TETZAI OF CONTRACT
The proposers) qualified to provide the service(s) requested herein (the "Successfu) Proposers)") shall be
required to execute a contract ("Contract") with the City; which shall include, but not be limited to, the
following teens:
(1) The term of the Contracts) shall be for two (2) years with an option to renew for three (�) additional
one (1) year periods.
(2) The Cite shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the
biddeiproposer. This prerogative will be exercised only when such continuation is clearly in time best
interest of the City.
2A. CONDITI ONS 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 time contract without any
penally or expense to the City. No auarantee, warrant, or representation is made that any particular or any
projects) will be awarded to any firm(s).
Z.6. PROPOSER'S MINIMUM QUALIFICATIONS
cach of file followin requireinents cited "below: -Failure -to do so -will result in the
- Projiosers_slial! _atisf}� c � -
Proposal being deemed non-responsive. --
a) Prolecl Manager and/or Team members) assinned to the City's engagement for auditing and compliance
must hold a cunenl CPA license issued by the State of Florida, Department of Business and Professional
Regulations, Board of Accountancy.
b) Shall have provided parking surcharge administration and/or parking fee Collection services similar in
Page 23 of 34
scop:: as described in section 3.1 for a minimum of three (3) year::, particularly for a Governmental entity;
quasi -governmental entity; or not-for-profit entity of similar size.
c) Possess sufficient resources and personnel trvailabie fhr connnittin;; Ica tr contract for the provision of
parkin." surchar'e administration services.
(1) Shall have never Filed for bankniptcy, br in sound financial condition, have no record of pendia"
laN'SUILS or criminal activities of a moral turpitude; and shall 1101 have conflicts 0f interest which may be of
embarrassment to the City.
2.7. CONTRA CT EXE CUT] ON
The selected ]'ropaser(s) evttluatad kind ranked in accordance with Lift requirennents of this Solicitation,
shall be awarded an opportitnit), to negotiate a contract ("Contract") A,itli the City. The Cite es reserythe
ri"hl to execute or not execute., as applicable a Contract with the selected ]'roposer(s) that is determined to
be most advantageous and in tilt City's best inLerest. Such Contract will be furnished by the City, will
contain certain term;, as ate in tyre City's besl interests, and will be subject to approval as to legal form by
flit City Attorney.
2.9. FAILURE TO PERI<ORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 4 hours of any failure to perform according to specifications, the City reserves the rigt to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.9. INSURANCE REQUIREMENTS
I1\TDElyP\TIF1 CAT) Ole'
Bidd--r shall pay on behalf of; indcnmify and save Cite 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
P170111 sions of the contract; including all acts or omissions to act on the part ofbidder, 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 v✓hich may result n-om this Contract,
unless attributable to the negli!?ence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of ani, such claim; or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) oflnsurance which indicate that insurance coverage has been obtained
Which meets the requirements as outlined below:
1. Commercial General Liability (Primary & Non -Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence �17000,0o0
General Aggregate Limit S 2,0001000
Personal and Adv. Iniury S 1,000,000
Products/Completed Operations S 1,000,000
B. Endorsements Required
City cfbfiarni.inciudcd as an additional insured _ __....
Contingent Liability/Contractual Liability
Premises/Operations
II. Business Automobile LiabiIi",
Page 24 of 34
A, Limit:, DI'Liability
I30dilylnju7yand Propeny Damage. Liability
Contbined S171Ll;: Limit
Owned!Scheduled Autos
hrcludine I -fired. Borrowed or Non-Clwued Antos
Any One Accident S; f ;()()0,(1()()
L'. Endorsements Required
City of Viiami included as au Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Floride
Waiver of Subro"anon
EmpIoyer's Liability
A. Limits of Liabiliq,
$100,000 for bodily injury caused by an accident, each accident
S 100.000 for bodily injury caused by disease, each employee
5.500;000 for bodily injury caused by disease, policy limit
Professional Liability,/Errors and Omissions Coverage (II'Applicable)
Combined SmLdc Limit
Each Claim 61,000,000
General Aaareoate Limit Si1.000.000
1J. Valuable Papers S_ Records (If Applicable) 6100:000
Vl 1i.000,000
Employee Dishonesty/Forgery and Alteration
City of Miami listed as loss payee
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
stren;th, by the latest edition of Best's Insurance Guide, published by A.lA. Best Company, Dldwicic, I�ew
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk h4anagement 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 hoiden.
NOTE: CITY BID NUI\4BER AND/OR TITLE OF BID MUST APPEAS 01\1 EACH CERTIFICATE.
Conip iaficeiwith_the_forepoi rg rcquirem nts'shall iioi 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 o?- renewed insurance certificates to the Cite at a minimum of ten (10)
calendar days in advance of such expiration.
Page 25 of 34
—la tlic event thaf expired certiiic.rtes :u -C not replaced M110h riew or reneN+'ecl certificates which cover
the contractual period, the Cir}' shall:
(4) Suspend the contract until qLJclj tir»e as tyle new or renewecl certificates: are received by tine City in
the manner prescribed in tine hivitetion To Bid.
(5) The Cit.), may, aI its sole discretion, tern7maLe thf: contract for cause and Seel.- rc-procurement
damages fionn tyle Bidder in conjuncLioli with the General and Special Ter7rrs and Conditions of the -bid.
The Biddershall be responsible for assurinG that the insurance certificates rcgairecl in coniunctiorr with this
Section remain in force for the duration of the contractual period; including any and all option Lerms that
may be granted Lo tyle Bidder.
2.10. CONTRACT ADMINISTRATOP
Upon award; conu•actor shall l-epnr( and work directly with lois. Diana Gomel who shall be designated as
the Contract Administrator.
2.11. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein kDOwli as Sub-Contractor(s) is an individual or firm contracted by the Proposer
or Proposer's fine 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 bonze solely by the Successful Proposer and insurance for
each Sub -Contractors must be maintained in good standing and approved by the Citi- throughout the
duration of the Contract. )Neither Successful Proposer nor any of its Sub -Contractors are considered to be
employees or agents of the Cit),, Failure to list all Sub -Contractors and provide the required infotniation
may disqualify any proposed Sub -Contractors from performing wort; under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant infomlation required of the Proposer. In addition, within five (S) working days after the
identification of the award to the Successful Proposer, the Successful Proposer shall provide a list
confirming the Sub -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 services 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. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.13. TERMINAT] ON
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after u1ritteu notice of default, the City Manager may terminale this Contract in whole or in pail, upon
v,,ritten notice.-��ithout-penalty-to..the_Cit�, of Mliami. hi..such.e.ivit,the Contractor shall be liable for,
damages including the excess cost -of procuring "similar supplies or services: -provided that -if, (7) if 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
Page 26 of 34
The City Ivlana<_,cr nlav tcrminatc this Contact. in vvhole or in part upon 30 clays prior written notice: when
t) i3 nil the best Illtel,e.glt� of elle City oT IAiami. if thi:c Contract is for ulpplies; products. equipment or
soflwarr.. and SO terminated for the convenience by the City of'Mianli the Conu•aclor will be compensatecl
in acco-dance 1+pith an a_l-ved upon ad.jusunent of cost. To the extent that this Conn-acl is for services and so
terminated; the Cite of ftvlianli shall be liable Ofli'll fill payrtlenl ill accordance with the payrnenl provision:;
of the Contract for those services rendered prior Lo termination.
2.14. ADDITIOVAL TE1,.AgS AND CONDITIONS
No additional teens and ColldiLiOn ; included with the solicitation response: shall be evaluated or
considered; and any anti all such additional Leans and conditions shall have no force or effect and are
lnal)pltcallic to this solicitation, If submitter) either purposely, thrntlgh intent or design; or inadvertently,
appearing separately in transmittal letters, specifications, literature, p'iee lists or warranties, it is understood
and aere-ed that the General and Special Conditions in this solicitation are the only condition: applicable to
this solicitation and that the bidder's/proposer's authorized signanne affixed to the bidder's/proposer's
adalOWled'mlent form attests Lo this.
2.15. PRIMARY CLIENT (FII:ST PRI ORITY)
The successful bidder(s)f/poposer(s) a(•Mt upon award of this contract that the City of h/iami 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 per-foml
similar services as a result of an), catastrophic events such as tornadoes, hurricanes, severe storms or any
other public emergency impacting various areas during or approximately the same time.
2.16. CHANGES/ALTERATIONS
Proposermay change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will bt 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 all services as detailed in Section 3.1.;
including a percentage of collections, if applicable. The Cit) reserves the right to add or delete any service,
at an), time. Should the City determine to add an additional scnice for wllich 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 resen es the right to negotiate cost(s) or seen: another vendor
for the provision of said service(s).
Failure to submit compensation proposal as required shall disqualify Proposer from consideration.
2.15. EVALUATION/SELECTION PROCESS AND CONTRACT Airs/ARD
The procedure for response evaluati on; selection and award is as follows:
(l) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
-•(4)-Turchasing.staficompliance with the submission requirements of the
Solicitatioi%. including each submission includes all documents required.
(5) An Evaluation Conuniate; appointed by the City Manager, comprised of appropriate Cit), Staff and
members of the community; as deemed necessary, v,jth the appropriate technical expertise and/or
lmovrledge, shall nice[ to evaluate each response in accordance with the requirements of this Solicitation
and based upon the evaluation criteria as specified herein.
Page 27 of 34
(G) The Evaluation Coinimtu-t reserves file right, in its sole discretion, to reyuesl Proposers to malct oral
presentations before the Convnittee as part of' the evaluation process. The presentation may bt scheduled ill
the convenience Of the Evaluatiohl Conlnhiuee and shall be recorded.
(7) The Evaluation Conhmiuee reserve;, the right to rant; the Proposals Gild Sllall Stibinil its
recommendation to the City Manager for acceptance. 11,01C City Manager accepts the Corhmhittee's
reconlillendaLioil, the City lvlana er's recomn-lendation for award of connacl will be posted on the City of
ivlianli Purchasing I)epertment website, in the Supplier Corner, Current Solicitations and Notice of
Reconnnendaboih ofAuard Section. The notice of thr City Manager's recommendation caul be found by
selecting the detain of the solicitation and is listed as Recommendation of /sward Posting Uate and
Recommendation of Award To fields. 11"various" is indicated in the Reconmiendation of'Award To field,
file Bidder/Proposer must Contacl the buyer for that solicitation to obtain the suppliers name. The City
Manager shall make his rccornmendatiOil to the City Commission requesting the autl-iorization to net�.otial.e
and/or execute an aoreenhenl with the recomn-itnded Proposer(s). No 1'roposer(s) shall have an) rights
against the City arising horn SUCIi M'106,16011S Or ternnnatoll thereof.
(b) The City Manager reserves the right to reject the Committee's recomniendation, and instruct the
Committee to re-evaluate and make another rac0nnrieridation; reject all proposals, 01- recommend that the
City Commission reject all proposals.
(9) The City Commission shall consider the City Manager's and Evaluation Committees'
mcommendalion(s) and; if appropriate and required, approve the Cite Manager's mconmhendat] on(s). The
Cite Commission may also rejecl any or all response.
(10) if the Cin, Commission approves the recommendations, the City Nvill 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.
(1 I) The Cit)' Commission shall review and approve the negotiated Contract with the selected
Proposer(s).
2.19. ADDITIONAL SBRVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the cont -acting parties.
2.20. RECORDS
During the contract period; and for a ]east five (5) subsequent years thereafter, Successful Proposer shall
provide Cite access to all files and records maintained on the City's behalf.
2.21. TRUTE IN NIB GOTIATI ON CERTIFICATE
Execution of the resulting ar eement 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 tinge 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.
3. Specifiic.itions
3.1. SPECIMCAT) On'S/SCOTT: OF WORK
1. Overview
The City of lvlikill) i ("City") is seeking to secure a qualified and Experienced for
the achninisu-anon ofits Parking Surcharge Ordinance. The City has been authorized to collecl a )larking
Surcharge since October, 2000.
The Cup's Parlun Stu-cha,, Ordinance is imposed upnn each user entering a parking tral]SaCtion. The
Operator of the Parking, Facility is responsible for the collection and transmittal of the Surcharge to the
Ciq,'s Finance Department. The prior imposition of the City's Parking 5urchargt Ordinance (Ordinance
f/1 1813), at the rate of'20%., ended September 30, 2004. Effective October 1, 2004; the Cily's Parking
Surcharge rate was reduced to 15'X, pursuant to Article D, of the City Code (Ordinance T/12563).
ordinance 12563 and Ordinance 13063 places a surcharge of 15'%, on tfie gross revenues derived from any
fee, charge, or exchange for the sale, lease, or rental of space at parking facilities within the City. The
administration of the City's surcharge pro"r•arnr requires l(now)edge of tilt parking operations industry, a
field that is extremely unique. As such; the City is seeking the services of a qualified and experienced
individual/firm with the ability to ensure that all revenues subject to the surcharge are collected at the
appropriate rate and remitted to the Cite; in conformance with the City's regulations.
Florida Statute > 166.271 provides that any municipality with a resident population in excess of 200,000
and more than 20 percent of the rea) propert)l that is exempt from ad valorem taxes, and that is located in a
count), with a population of more than 500.000, may impose and collect, subject to referendum approval by
voters in the municipaliq', a discretionary per vehicle surcharge of up to 15 percent of flit amount char -td
for the sale, lease, or rental of space at parking facilities within the municipality that are open for use to the
0eneral public. Voters in the City have approved the imposition the surcharge. The Ordinance is intended to
impose and levy a surcharge on the sale, lease; or rental of space at parking facilities in the City at the rate
of fifteen percent (13%.) of the revenues derived from any fee, charge or exchange for the parking of a
motor vehicle in or on an), parking facility in the City for which a fee, charge or exchange is made on an
hourly, daily, weekly, monthly, yearly; event, validation programs, valet or any other basis. The Net
Proceeds of the Surcharge collected shall be deposited in the general fund subj ect to appropriation
pursuant to the budget and fiscal provisions of the annual budget process.
Airy individual, partnership; association; corporation, or other entity which owns; controls, conducts,
leases, operates; or causes to be operated a Parking Facility vvhich offers Parking accommodations for a
Fee, Charge, or Exchange is responsible for paying the surcharge in accordance with Ordinance 12563 and
13063. The intent of this is to place the burden for collection of the Surcharge on the owner of the facility
in addition to the entity that operates the Facility if different from the owner.
A contract will be negotiated and executed with the Successful Proposer and the City. The City
contemplates a Contract for two (2) years ("Contract"). The Cit}, shall have the option to extend the
Contract for three (3) additional one (1) year periods, at its sole discretion.
II. Scope of Services
Upon execution of a Contract, the City will provide Successful Proposer with the database of revenue
surcharge generators.
The Successful Proposer shall, at a minimum, perfornm the following services:
1. Database Development
• lnunediately commence collection and/or update existing data through the use of handheld devices,
computer matches, visual observation and any other means available to assure maximum compliance.
• Develop and/or.update a database that includes all revenue surcharge generators.
Database shall also include reference infonuation and specific information including property location,
number of spaces, types of customers, proximity, to special events, and weekend customers. Information
_,_., _
shall contain information-specific.to.each ofthe five_Onun>ssron Districts Ctalitislic witliiii t1fe:City.
• City will malce available property, records and business license records for its use in development of a list
of potential customers by industry (i.e., restaurant, tow truck, hospital, etc.).
• City will provide the Successful Proposer with daily deposit information via fax; email; or any other
mutually agreed upon means.
Page 29 of 34
• Database stea& be the property of tt,e Cita, and shall bt surrenderecl to the City within I da y:; Ell the end of
a contract. acrd in .] 101-111 acceptable: to tht Cit..y.
?. Enforcement
• Ensure the necessary numitoring and analysis to maximize the collections OF the City's parking sul-char, e,
rrlClUdin- but not limited lo, surveillanct and audits.
Conduct test audits designed specifically ilii each cattgory of custon-rer.
Develop a strateg), Mr rnaximizin- compliance among special areas of corrcerrt, particularly as it relatts to
special events and valet pan•Icers. Successful Proposer shall also visit areas used for special events and valet
parlcers and shall visit areas used for special events ai a frequency mutualty acceptable to boil; parties.
Ensure it;, inventory clerhs visit office buildings after the U.S. Mail forwards compliance information.
Property lease files shah be audited to determine wording, recardlnb vehicle stora-e.
• lclentify valets and enter same into the database, and/or update the database, based on the Cite business
license records for restaurants, and based on observation of Successful 1'7-oposcr's inventory clerks.
3. Consultation
• Make recommendations to the City rewarding amendments that should be made to enabling ordinance
and/or procedures to facilitate collection.
• Ensure the Administration program complies with all local, state, and federal collection laws.
4. Communication
• Provide detailed; custom-made reports to the Cite upon demand. Such reports should include GIS
mapping, if requested.
• lvlaintam capability on a remote basis for the Cite to access required data via the web from the Successful
Proposer.
• Design and maintain at Successful Proposer's expense a web page that contains all relevant information
regarding the parking surcharge, including uecessa77, forms in a do)Amloadable format and/or instructions.
The Successful Proposer shall ensure that the web pane is developed, updattd, and maintained in a current
status. All web page contents must be submitted to the Cite for approval prior to posting. Initial web page
contents and/or web page updates) shall be submitted to the Cit) for reviem, within two (3) weeks of
Contract execution. The necessary review and response (with approval and/or comments for amendment)
should occur within five (5) business days of submission. The City will ensure that the Cit), web pave links
to the web page developed by the Successful Proposer.
• tipon execution of the Contract; Successful Proposer shall have established an office within the corporate
limits of the City in Downtown Miami and, within ten (10) business days of execution, the Successful
Proposer shall have a staffed Phone Barth Hotline; Monday through Friday, with personnel trained and
lc-no-Medgeable of all aspects of the surcharge. The Downtown Office shall have a minimum staff of five
(5) permanent employees with bilingual and/or trilingual capabilities. A phone system that responds to
Frequently Asked Questions will supplement Phone Bank, providing answers when a live professional is
not present or available.
• Develop a mailer for each category of customer (i.e., lease; valet, restaurant, vehicle storage facility). The
Cit), and Successful Proposer shall agree on the appropriate categories -within 30 days of execution of an
agreement.
5. Training
• Develop training programs designed specifically for each user c -oup. Each training program shall be
developed and administered by parking professionals.
• Implement public training programs to educate the revenue surcharge benerators and encourage voluntary
compliance.
6. Compliance
Ensure that all compliance procedures implemented by file Successful Proposer are in conformity with
- accounting princip)es:generall), accepted in-the-I)nited-States of America: - - - -- -
7. Compensation
• Successful Proposer's fee shall be a percentage of collections. Should the amount of collections in each
year of the agreement after Year l decrease; the Successful Proposer's fees authorized as a percentage of
collections shall also be subject to a decrease up to l %. Percentage of fees in all optional years are sulzi ect
to negotiation but shall not exceed the percentage of fees for Year 1.
Pawe 30 of 34
The Cipy reserves the right to acid, delete: of modif v the scope of services ai an}' time durinL, the contracl
period with the Strceessiil! Proposer.
Page 31 of 34
4. Submission Requirements
4.1. SU "AUSSJON 7: ()UIIfFMENTS
Proposers shall carefillll, lollow' the f01 -Incl and instl-uctiolm outlined below, observing formal rtyuirements
where indicated. Proposals should contain the information itemized below and in the order inclicated. This
infbnnation should be provided for the Proposer and any sub -consultants to be utilized for the work
contemplated by this Solicitation. Proposals submitted which do 1101 include lilt following items may be
dtenled non-responsive and illy not bt considered for contract award.
The response to this solicllatloll Shall be presc)lted Irl the f'olitminb format. Failure Lo d0 so nlaY
deem pour' Proposal non-responsive.
All submittals must be hard coley .11111 proposer must submit :111 original response ,lona with S copies.
PROPOSAL FORMAT
The following documemation should be irlcluded as a minimum it the Proposal and submittecl to the City.
Responses to all reyuevs.101- doculne171alion i-egzILsled bekm, )W// be utilized to delei-ini 7e whe/her
Proposer 177e1 all 177i)7im7nn requireniews de17iaecl in Section ?.7 Proposer A11117I177uni Uuailfications, and
clee171ed 1-esonsii,e by the C17y, miJll be utilized bJ, 117e El�aluation Co17717fillee to CVa177ale and plwli ide
scol-ino.fnl- each Proposal.
Cover Puce
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firms Liaison
for the Contract; entity"s address; Business Phone, Fax Numbers. and Email addresses; Title of RFP; RFP
Number; Federal Employer ldentifi; ation Number or Social Security Number. Include location fi-OM where
work will be performed.
2. Table of Contents
The table of contents should outline, in sequential order; the major sections of the proposal as
listed below, including all other relevant documents requested for submission. All pages of the proposal,
including the enclosures, should be clearly and consecutively numbered and correspond to the table of
contents.
3. Executive :Summary:
A signed and dated sununary of not more than two (2) pages containing Overall Qualifications and
Experience, and.Overall Approach and Methodology; as contained in the submittal. Provide a summary of
the work to be performed by Proposer.
Overall Qualifications and EXPerience
a) Describe the Proposer','; organizational history and str-)lenlre; years Proposer and/or frrnm has been in
business providing a similar service(s),
b) Provide a list of all principals, partners, officers, owners and/or directors of Proposer, including join,'-
ventures
oingventures and/or sub-consultant(s), if applicable.
c) Indicate whether the Cite has previously awarded any contracts to the Propose;/firm. If so, discuss the
nature of contract, types of services performed, and terns of contract.
d) Provide documentation that Proposer, Project Manager and/or team membcr(s) assigned to the City's
engagement for auditing and compliance assigned to the Cin,'s engagement is currently licensed as a
Certified Public Accountant (CPA) by the State of Florida, Department of Business & Professional
Regulation and Board of Accountancy to practice in the State of Florida.
e) Provide specific qualifications, prt?ject experience, and credentials that demonstrate the Proposer's
ability to perform the required scope of work. Proposer must clearly describe its qualifications and
experience in the provision of similar worl: related to the administration and/or collection of a parking
surcharge, particularly for a governmental entit),. Discuss the nature of the work performed; the nature of
- tlme-administration-and-collections-and-overalI value.of-the..contract;..and-hov._lonb.Prolroser..pelfornied..the
work. Include a-discrissiori of whether the Proposer -as an-entity-perforrued the work; or an-etnployee(s)_of
the Proposer perfornmed the worl; for another entity.
f) Provide a complete list of clients for which Proposer has provided a similar sen,ice(s) as required in this
RFP. This list should detail Proposer's experience, and include those governmental entities of a similar size
and diverse population to the City for whom services have been performed during at least the past five (5)
Page 32 of 34
year,,:; a:, applicable. include the name, address, phone nunmber(s) and contact persons within eaci
orL,anization- The Ciry reserves the right to contact rcierences w; purl of th:: evaluatim protest..
�) Describe lot each individual assiLpned to this enl_agemenl arul the .Project Manayer their years of
experience and qualification:: providing services of sinmilar scope; IMI-ticulariy as it relate:; tU tlre•
administration acrd/or collection Of k) parking, surcharge, and any other relevant information. Specifically
indicate ",hal Tole earl) would play, and what specific Nan•1; will be pet -formed by each n)einber of tilt
Team. Include by Equal Eniployrnent UppOrtuniry (EED) job classification; ethnicity; race/gerlder, and
languages spoken.
11) Provide a minimum of' two (2) reference:. on letterhead fioni former clients, for the provision of services
similar in scope as described in Section 3.1.; within, the past five (5) years. Include nanme of Te1'erence,
contact name, period of time; and overall work perfbrn)ed. Sufficient docwnentatiou mus( be provided to
determine level of experience. References are subject to verification b), the City as purl 01 the evaluation
process.
i) Provide any other information or documentation related to its qualifications and experience from which
the City can benefit over th:: term of tlhc- contract.
S. Overall Approach tend Methodology
a) Provide a detailed description of the Proposer's Approach and Methodology to be utilized during this
engageinent, particularly as it relates to each element as required in Section 3J. Scope of Services,
including the development and/orupdate(s) of database, enforcement; consultation- communication;
training; and compliance.
b) Discuss the procedures, methods and/or activities to be utilized by the Team and/or Proposer to perfori
and coordinate all of the required work.
c) Provide recent, current and projected workload of Proposer; and general workload those professionals to
be assumed to this engagement. Discuss in general the anticipated percentage of time to be dedicated to this
engagement by each asci mecl staffinember.
d) Describe in detail how it plans to handle all compliance matters and ensure that all revenues subject to
the surcharge are collected at the appropriate rate and remitted to the City.
e) Discuss Proposer's and/or Team's overall resources, including equipment; supervision and coordinating
capacity; among others. Provide proposed location in Downtown Miami from ivhere the services will be
performed.
f) Disclose any impediments to independence, as defiled by the American Institute of Certified Public
Accountants ofthe fim) and/or empioyee(s) assigned to the engagement, if applicable.
g) Describe an), current or pending litigation or proceeding invoh,img Proposer, its partners, managers,
other key staff members, and its professional activities or performance, if applicable. State the nature of the
litigation, a brief description of each case, the outcome or projected outcome, and the monetary amounts
involved. Discuss an), bankruptcies involving Proposer, its partners, manager, or other key staff members,
if applicable.
G. Calf
a) Provide compensation proposal. Include any additional proposed costs in addition to the percentage of
collections, if applicable.
7. Trade Secrets Execution to Public Records DiFelnSUrC
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 inforniation that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TP_ADE
SECRETS EXCEPTION," mivith your firn)'s name and the PTP 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
Ln -son. By your designation of material in your Proposal as a "trade secret" you agree to indemnify and
hold_harntless the City for at1) )ward tem ay laiiitiff for garages; costs o attorney's Tees at3d fol`costs and
attorney's fees incurred by the City by reason of any legal action challeng ng your claim.
Page 33 of 34
�. Evnluatiou Cr•iterb
5.7. EVALUATION CRITERIA
Proposals Shall be ewduited hosed upon the followin." criteria and weight
CRITERIA PER CENTA CL+'
Praposer's overall Qualifications and Experience 40
Ivletliodology and Overall Approach to Scop.- of'Serviccs 35
Cosi Proposal 15
Local Preference 10
Page 34 of 34