HomeMy WebLinkAboutgeneral conditionsCity of Miami, Florida RFQ #02-03-163
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 (M/WBE) 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.
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3.7. Local Preference
Local preference regarding this RFQ will be considered during the evaluation process for
the provision of a specific service(s).
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 firm(s).
3.9. Occupational License Requirement
Any Proposer with a business location in the City, who submits a Proposal under this
RFQ, 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 will
be considered in response to this RFQ for each project and/or for each discipline for
miscellaneous projects.
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, 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.
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3.13. Proposer Registration
It is the policy of the City that all prospective Proposers complete a "Vendor Application"
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, a Vendor Application will be enclosed
with the RFQ package. Proposers who have already submitted an application and
secured a Vendor number from the City are not required to submit a new Vendor
application. For any questions, contact the Vendor Registration Section at (305) 416-
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 /
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.
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.
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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.
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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.
All 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
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the contract or any work performed by an employee not otherwise previously authorized.
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