HomeMy WebLinkAboutexhibit8City of Miami, Florida RFQ No. 03-04-136
SECTION 3
3.0. RFQ GENERAL CONDITIONS
3.1. Acceptance/Rejection
The City reserves the right to accept or reject any or all Responses or to select the Proposer(s) that, in
the opinion of the City, will be in the best interest of and/or the most advantageous to the City, The City
also reserves the right to reject the Response of any Proposer(s) who has previously failed to properly
perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and
who is not in a position to perform the requirements defined in this RFQ. The City reserves the right to
waive any irregularities and technicalities and may, at its discretion, withdraw and/or re -advertise the
RFQ.
3.2. City Not Liable for Delays
It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Consultant,
any sub -consultant, or to any other person for, or on account of, any stoppages or delay in the work
herein provided for by injunction or other legal or equitable proceedings or on account of any delay for
any cause over which the City has no control. The agreement will include a "no damage for delay"
clause.
3.3. Contract Award and City's Rights
The City reserves the right to accept or reject any or all responses to this RFQ, waive informalities, and
request re -bids on the services specified in the RFQ.
3.4. Cost Incurred By Proposers
All expenses involved with the preparation and submission of Responses to the City, or any work
performed in connection therewith shall be borne by the Proposer(s).
3.5. Legal Requirements
This RFQ is subject to all applicable federal, state, county and local laws, ordinances, rules and
regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by
the Proposer shall in no way be cause for relief from responsibility.
3.6. Minority / Women Business Enterprise (M1WBE) Program
Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement
Ordinance of the City of Miami. Florida sets forth " a goal of awarding at least 51 percent of the City's
total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women
minority business enterprises on an equal basis." A minority business enterprise is defined as a business
firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and
whose management and daily business operations are controlled by one or more Blacks, Hispanics or
Women." To achieve the goal established by Ordinance 10062, vendors doing business with the City are
encouraged to include minority firms as participants in their Responses.
3.7. Local Preference
Local preference regarding this RFQ will be considered during the evaluation process for the provision of
a specific service(s). Local preference is considered as a factor in the location of the firm.
3.8. Non -Appropriation of Funds
in the event no funds or insufficient funds are appropriated and budgeted or funding Is otherwise
unavailable In any fiscal period for payments due under the Contract, then the City, upon written notice to
the Consultant or his/her assignee of such occurrence, shall have the unqualified right to terminate the
Contract without any penalty or expense to the City. No guarantee, warranty or representation is made
that any particular or any project(s) will be awarded to any flrm(s).
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3.9. Occupational License Requirement
Any Proposer with a business location in the City, who submits a Proposal under this RFP, shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Proposers with a business location outside the City of Miami shall meet their local
Occupational License Tax requirements. A copy of the license must be submitted with the Proposal;
however, the City may at its sole option and in its best interest allow the Proposer to supply the license to
the City during the evaluation period, but prior to award.
3.10. Payment
Payments to the Successful Proposer(s) shall be made in arrears, and based on work performed to the
satisfaction of the City. No advance payments will be made at any time.
Payment shall be made after delivery, within 45 days of receipt of an invoice for services/goods
and pursuant to Florida Statute 218.74 (Florida's Prompt Payment Act) and other applicable laws.
3.11. One Proposal
Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture as a Prime
Consultant will be considered in response to this RFQ. Sub -consultants are permitted to be Included in
proposals from more than one Proposer (Prime Consultant).
3.12. Minimum Qualification Requirements
Each firm interested in responding to this Request for Qualifications must provide the information on the
firm's qualifications and experience, qualifications of the project team, Project Manager's experience,
staffing, quality assurance program, and previous similar projects, See Section 5.0 "Instructions for
Submitting a Response: (Submission Requirements). Submittals that do not respond completely to
all requirements may be considered non -responsive and eliminated from the process.
3.13. Proposer Registration
It is the policy of the City that all prospective Proposers register as a Bidder indicating the
commodities/services which the Proposer can regularly supply to the City for Inclusion on the City's
Proposer/bidder's list. Should a prospective Proposer not be currently listed on the City's
Proposer/bidder's list, you may register via the internet at: htto://egov.ci.miarni.fi.us/bids/bids.aso. For any
questions, contact the Vendor Registration Section at (305) 418-1913.
3.14. Public Entity Crimes
A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public
entity crime may not submit a proposal on a contract to provide any goods or services to a public entity,
may not submit a Response on a contract with a public entity for the construction or repair of a public
building or public work's project, may not submit a response on a lease of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36
months from the date of being placed on the convicted Bidder 1 Proposer list.
3.15. Resolution of Protests
Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or
award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who
shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and
resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-103 of the
City's Ordinance No. 12271 describing the protest procedures. Protests failing to meet the requirements
for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's
right to file a protest, NO EXCEPTIONS.
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City of Miami, Florida RFQ No. 03-04-136
3.16. Review of Responses for Responsiveness
Each Proposal will be reviewed to determine if it is responsive to the submission requirements outlined in
the RFQ. A "responsive" Proposal is one which follows the requirements of the RFQ, includes all
documentation, is submitted in the format outlined in the RFQ, is of timely submission, and has
appropriate signatures as required on each document. Failure to comply with these requirements may
deem a Proposal non -responsive. A responsible Proposer is one that has the capability in all respects to
fully perform the requirements set forth In the Proposal, and that has the integrity and reliability, which will
assume good faith performance.
3.17. Sales Tax
The City Is State Sales Tax exempt. Notwithstanding, Proposers should be aware of the fact that all
materials and supplies which are purchased by the 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 Proposer.
3.18. First -source Hiring Agreements.
(a) The commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of
grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source
hiring agreements between the organization or individual receiving said contract and the authorized
representative unless such an agreement is found infeasible by the city manager and such finding
approved by the city commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall
have the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida
Employment and Training Consortium, or Its successor as local recipient of federal and state
training and employment funds.
Facilities means all publicly financed projects, including but without limitation, unified
development projects, municipal public works, and municipal improvements to the extent they are
financed through public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, incorporated,
and all federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the City which include
professional services.
Services include, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the City
training and employment programs, and other residents of the City.
3.19 Employees are Responsibility of Successful Proposer(s)
All employees of the Successful Proposer(s) shall be considered to be, at all times, the sole employees of
the Successful Proposer(s) under its sole direction and not an employee or agent of the City. The
Successful Proposer(s) shall supply competent and physically capable employees. The City may require
the Successful Proposer(s) to remove an employee the City deems careless, incompetent, insubordinate
or otherwise objectionable and whose continued employment under this contract Is not in the best interest
of the City. Each employee shall have and wear proper identification.
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City of Miami, Florida RFQ No. 03-04-136
Ail the services required herein shall be performed by the Successful Proposer(s), and all personnel
engaged in performing the services shall be fully qualified to perform such services.
All personnel of the Successful Proposer(s) must be covered by Workers Compensation, unemployment
compensation and liability insurance, a copy of which is to be provided to the City. No personnel of the
Successful Proposer may receive any City employment benefit.
3.20. Use of Name
The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No
advertising, sales promotion or other publicity materials containing information obtained from this
Proposal are to be mentioned, or imply the name of the City, without prior express written permission of
the City Manager or the City Commission.
3.21. Collusion
The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous
understanding, agreement or connection either with any person, firm, or corporation submitting a
Proposal for the same services, or with the City's Purchasing Department or initiating Department. The
Proposer certifies that its Proposal is fair, without control, collusion, fraud, or other illegal action. The
Proposer further certifies that it is in compliance with the conflict of interest and code of ethics laws. The
City will investigate all situations where collusion may have occurred and the City reserves the right to
reject any and all Responses where collusion may have occurred,
3.22 Ownership of Documents
Proposer understands and agrees that any information, document, report or any other material
whatsoever which is given by the City to Successful Proposer(s) or which is other wise obtained or
prepared by Successful Proposer(s) pursuant to or under the terms of the RFQ is and shall at all times
remain the property of the City. Successful Proposer(s) agrees not to use any such information,
document, report or material for any other purpose whatsoever without the written consent of the City,
which may be withheld or conditioned by the City in Its sole discretion.
3.23 Unauthorized Work
Neither the qualified Proposer(s) nor any of his/her employees shall perform any work unless duly
authorized by the Contract Administrator or his designated representative. The qualified Proposer(s) shall
not be paid for any work performed outside the scope of the contract or any work performed by an
employee not otherwise previously authorized.
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