HomeMy WebLinkAboutSection1City of Miami, Florida RFP No. 03-04-151
SECTION 1
1.0. INTRODUCTION TO REQUEST FOR PROPOSALS
1.1. Invitation
Thank you for your interest in this Request for Proposals ("RFP") process. The City of Miami ("City"),
through its Purchasing Department invites responses (Proposals" or `Responses") which offer to provide
the services described in greater detail in Section 2.0: "Scope of Services".
1.2. Term of Contract
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall
be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the
following terms:
A. The term of the Contract for the specific project listed herein shall be for the duration of
the project.
B. The City shall have the option to extend or terminate the Contract for convenience, that
is, for any or no cause.
C. A hold harmless, indemnity, covenant not to sue, and release provision
D. A no damages for delay clause
E. A no discrimination clause
F. A right to audit clause
G. A local venue, waiver of jury trial and permissive counterclaim clause.
H. An insurance clause
1.3. Performance Bond
The successful proposer will be required to submit a Performance Bond commensurate with the total
amount of the Contract. The Performance Bond can be in the form of a Cashier's Check, made payable to
the City of Miami; a bond written by a surety company authorized to do business in the State of Florida
and shall comply with State Statute 267.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it
must be written on a bank located in Miami -Dade County, Florida, be in the amount of the contract and
should clearly and expressly state that it cannot be revoked until express written approval has been given
by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with
a copy to the successful vendor.
1.4. Deadline for Receipt of Request for Additional Information / Clarification
Pursuant to the Cone of Silence, any request for additional information or clarification must be received in
writing no later than Friday, Auuust 27. 2004 ® 2:00 PM. Proposers may fax, email or mail their
requests to the attention of Michael A. Rath, CPPO, CPPB, Assistant Purchasing Director at the City's
Department of Purchasing, 444 S.W. 2nd Avenue, 6th Floor, Miami, Florida 33130. The facsimile number is
(305) 400-5153 or email: mrath@cisniami.fl.us. This RFP is subject to the City's "Cone of Silence" in
accordance with Section 18-74 of the City's Ordinance No. 12271.
1.5. Cone of Silence
Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates 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 for public works or city improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs,
RFQs, RFLIs or IFBs (bids) between, among others:
• Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional
staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City
Commissioners, or their respective staffs;
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• potential vendors, service providers, bidders, lobbyist or consultants, any member of the City's
professional staff, City Department Directors or their respective staffs and any member of the
respective selection/evaluation committee
The provision does not apply to, among other communications:
• oral communications with the City purchasing staff regarding Minority/Women Business
Enterprise (M/WBE) and local vendor outreach programs, provided the communication is limited
strictly to matters of process or procedure already contained in the solicitation document;
• the provisions of the Cone of Silence do not apply to oral communications at duly noticed site
visits/inspections, pre -proposal or pre -bid conferences, oral presentations before
selection/evaluation committees, contract negotiations during any duly noticed public meeting, or
public presentations made to the Miami City Commission during a duly noticed public meeting; or
• communications in writing or by email at any time with any City employee, official or member of
the City Commission unless specifically prohibited by the applicable RFP, RFQ or bid documents.
• communications in connection with the collection of industry comments or the performance of
market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a
copy with the Office of the City Clerk, which shall be made available to any person upon request.
Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at
JCerratoc ci,miami.fl.us
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror,
Respondent, Lobbyist or Consultant shall subject same to potential debarment pursuant to the City Code.
Any person having personal knowledge of a violation of these provisions shall report such violation to the
State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should
reference Section 18-74 of the City of Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.6. Additional Information or Clarification
Requests for additional information or clarifications must be made in writing and received by the
designated person specified on the cover sheet of this RFP, in accordance with the deadline for receipt of
questions specified in the RFP (see Section 1.4) and the Cone of Silence (see Section 1.5). The request
must contain the RFP number and title, Proposer's name, name of Proposer's contact person, address,
phone number, and facsimile number.
Electronic, facsimile or mail requests for additional information will be received by the person designated
on the cover of this RFP. Facsimiles must have a cover sheet which includes, at a minimum, the
Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone
number, facsimile number, and RFP number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems necessary in
written addenda issued prior to the Proposal Submission Date. Proposers should not rely on any
representations, statements or explanations other than those made in this RFP or in any written
addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued,
the last addendum issued shall prevail.
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1.7. Evaluation Process and Award of Contract
The procedures, criteria and schedule for the evaluation process of this RFP are described in Section 7
hereof. The Selected Proposer(s) evaluated and ranked in accordance with the requirements of this RFP,
applicable City regulations and State Statute shall be awarded an opportunity to negotiate a contract
("Contract") with the City. The City reserves the right to execute or not execute, as applicable, a Contract
with the selected Proposer(s) that is determined to be in the City's best interests. Such Contract(s) will be
furnished by the City, will contain certain terms as are in the City's best interests,
1.8. Contract Execution
Contract(s) will be negotiated and executed between the Successful Proposer(s) and the City.
1.9. Unauthorized Work
The Successful Proposer(s) shall not begin work until a City Purchase Order is received. The Purchase
Order(s) shall specify the price and period of time allotted for the completion of the work.
1.10. Instructions
Careful attention must be given to all requested items contained in this RFP. Proposers are invited to
submit Responses in accordance with the requirements of this RFP. PLEASE READ THE ENTIRE
SOLICITATION BEFORE SUBMITTING A PROPOSAL. The entire set of documents constitutes the RFP.
Where forms are provided, Proposers shall make the necessary entry in all blanks provided for the
responses. The Proposer must return such forms and required documents with all information necessary for
the City to properly analyze Proposer's response in total and in the same order in which it was issued.
Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format
of this RFP text is followed. All Responses shall be returned in a sealed envelope or package with the RFP
number and submission date clearly noted on the outside of the envelope.
Proposers must provide a response to each requirement of the RFP, Responses should be prepared in a
concise manner with an emphasis on completeness and clarity.
1.11. Changes / Alterations
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will be allowed. Written modifications shall not be allowed following the proposal
deadline.
1.12. Sub-Consultant(s)
A Sub -Consultant, herein also known as Sub -Contractors) is an individual or firm contracted by the
Proposer or Proposer's firm to assist in the performance of services required under this RFP. A 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 RFP.
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(s) or prior to contract execution. Any and all liabilities regarding the use
of a Sub -Contractor shall be borne solely by the Successful Proposer(s) and insurance for each Sub -
Contractors must be maintained in good standing and approved by the City throughout the duration of the
Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees
or agents of the City. Failure to list all Sub -Contractors and provide the required information may
disqualify any proposed Sub -Contractors from performing work under this RFP.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant information required of the Proposer. Once the City short-lists firms for oral presentations, only
the implementation partner (team) or sub-consultant(s) included in the proposal will be allowed to be part
of the presentation. Any sub-consultant(s) or partner(s) added to its implementation partner (team) after
the presentation by the successful proposer must receive approval by the City. The City reserves the
right to approve, disapprove, remove or include any partner(s) or sub-consultant(s) from this project.
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1.13. Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the
City's Purchasing Department. Should it be necessary, a written addendum will be incorporated to the RFP.
The City will NOT be responsible for any oral instructions, clarifications, or other communications.
1.14. Disqualification
The City reserves the right to disqualify Responses before or after the submission date, upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the
right to waive any immaterial defect or informality in any Responses; to reject any or all Responses in
whole or in part, or to reissue a Request for Responses.
1.15. Responses/Proposal Receipt
Sealed Responses will be accepted in accordance with the instructions detailed on the cover of this RFP.
After that date and time, Responses will not be accepted. The Proposer shall file all documents necessary to
support its Proposal and shall include them with its Proposal. Proposers shall be responsible for the actual
delivery of Responses during business hours to the exact address indicated on the cover and in the RFP.
Responses that are not received by the CITY CLERK'S OFFICE by the deadline established in the RFP shall
not be accepted or considered by the City.
1.16. Capital Expenditures
The Successful Proposer(s) understands that any capital expenditures that the Successful Proposer(s)
makes, in order to perform the services required by the City in this RFP, is a business risk which the
Successful Proposer(s) may include in its proposed price. The City, however, is not and shall not pay or
reimburse any capital expenditures or any other expenses, incurred by any Proposer in anticipation of a
Contract award nor to maintain the approved status of the Successful Proposer(s) if a Contract is
awarded.
1.17. Nondiscrimination
Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital
status, or disability in connection with its performance under this solicitation. Furthermore, Proposer agrees
that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national
origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected
to, discrimination under any program or activity.
1.18 Health insurance Portability and Accountability Act (HIPPA)
Any person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall
comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami
Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards that include but
are not limited to:
1. Use of information only for performing services required by the contract or as required by law;
2, Use of appropriate safeguards to prevent nonpermitted disclosures;
3. Reporting to the City of Miami of any nonpermitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
7. Making PHI available to the City of Miami for an accounting of disclosures; and
8. Making internal practices, books and records related to PHI available to the City of Miami for compliance
audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy
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information practices including specifically, a description of the types of uses and disclosures that would be
made with protected health information.
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