HomeMy WebLinkAboutExhibit 5City of Miami, Florida
GLENN MARCOS
Director
Overview
Privaie investigation Services RFL105406-064
Titu of Atiatni
JOE ARRIOLA
City. Manager
Request for Letters of Interest (RFLI)
RFLI No. 05-O6-O64
PRIVATE INVESTIGATION SERVICES FOR
THE CIVILIAN INVESTIGATIVE PANEL (CIP)
issued: Monday, April 10, 2006
Questions due by 5 PM: Wednesday, April 19, 2006
Responses Due: Wednesday, April 26, 2006 at 2:00 PM
The City of Miami, Civilian Investigative Panel ("CM") is seeking qualified and experienced Private
Investigator(s) ("Successful Proposer(s)") to provide independent Private Investigation Servioes to
the CIP on an as -needed, when needed, basis.
The CIP is a thirteen member volunteer board that serves as an independent citizen's oversight of
the Miami Police Department. The Panel is authorized to conduct investigations into allegations of
police misconduct, issue subpoenas (after consultation with the State Attorney's Office), conduct
hearings, review police policies and procedures, and make recommendations to the Chief of Police
and City Manager.
Services shall include, but not be limited to, conducting investigations into police misconduct
complaints, interviewing complainants and witnesses, reviewing public records and evidence,
compiling information, and completing detailed, analytical and well written reports on
investigations. Work will be performed in accordance with established CIP procedures at hours to
be determined by the Investigator but within specified time limits as determined by the Cif',
TheCJ_P contemplates a Contract for two (2) years, with th_eCI-P's option to extend for three (3)
additional one (1) year periods, with the Private Investigator(s). Should additional Private
Investigators be required, the CIP will be authorized to add additional qualified Investigators on an
as -needed, when -needed basis throughout the duration of the contract. All qualified Investigators
shall be required to execute a Professional Services Agreement (contract) with the GP.
City of Miami, Florida
tl. Scope of Services
Private investigation Services RFL) 05-06-064
The Private lnvestigator(s), which may be an Individual or firm, at a minimum, shall meet the
foliowing requirements and perform the following -professional services for the CIP.
The Investigator, at a minimum, shall meet the following requirements and perform the following
professional services for the CIP.
A. Possess a license(s), as a Private Investigator in good standing, from the State of Florida
Department of Agriculture and Consumer Services or any other agency of the State of
Florida authorized to issue such license(s), and shall retain all required license(s) for the
term of the contract.
B. Furnish evidence of insurance in a form satisfactory to the City and the CIP.
C. Learn and become knowledgeable in local government operations, general police systems
and procedures, Miami Police Departmental Orders, policies and procedures, the State of
Florida Law Enforcement Officers' Bill of Rights (Chapter 112 F.S.), Florida Government in
the Sunshine Law, and all other applicable statutes and codes.
D. Examine and evaluate each complaint, communicate with and interview principals and
witnesses to include complainant(s), law enforcement and civilian witnesses and any other
involved persons and obtain tape-recorded statements from all interviewees.
E. Obtain police incident and investigative reports, supplemental reports and all other records
relating to the incident.
F. Meet with the C1P Independent Counsel and Chief Investigator to discuss the status,
details and complexities of an investigation, issuance of subpoenas and .any matters
requiring intervention of independent legal counsel and/or CIP staff.
G. Request the .assistance of the CIP and administrative staff where required or necessary, #o
obtain additional and necessary documents and evidence relevant to the investigation.
H. Direct all questions, concerns or grievances not resolved by independent Counsel and/or
the Chief Investigator, to the CIP Executive Director or designee.
1. Submit draft reports within 21 days of receipt of a case assignment to Independent
Counsel and/or Chief Investigator. All reports shall remain confidential, and shall be
released only upon the expressed written authorization of the C11 . All investigative reports,
evidence gathered, statements, etc. gathered or developed during an investigation remain
the sole property of the CIP.
J. Request additional time for investigations not completed within the 21-day period; stating -
the reason for extension and providing a time line for completion of all phases. Submit
status reports at designated intervals.
K. Provide clear, accurate, analytical reports on each investigation, to include an analysis of
the allegation(s), summarized statements .of persons interviewed, applicable police
procedures, applicable statutes and/or codes, suggested findings, recommendations and
any other relevant information.
2
City of Miami, Florida
Private investigation Services Rill -05-06.064
L. Attend CIP meetings to provide information and/or reports on cases, Attendance is
required at evidentiary hearings, public hearings and special meetings concerning assigned
cases or issues.
M. Provide to the CIP Executive Director or designee, accurate, signed invoices reflecting the
hours worked and required billing information in a format approved by the CIP.
N. Provide any other services as directed or customarily required of private investigators.
O. Adhere to all CIP policies, procedures and legislative mandates relating to case
management and investigations.
i11. Cone of Silence
Pursuant to Section 18-74 of the City .of Miami 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 a
written recommendation is issued 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 $200,000. The Cone of Silence prohibits any
communication regarding RFPs, RFQs, RFLI or IFB (bids) between, among others. The Cone of
Silence shall apply to this RFLI.
1.V. Minl.mt#,r�i Quaiificatiors
The following represent the minimum qualifications of an individual to provide private investigation
services. In order to be deemed qualified, individuals must meet each of the following minimum
qualifications. Failure to meet the minimum qualifications shall disqualify a Proposer from inclusion
on the list.
A. Shall possess a current certification as a Private Investigator with the Department of
Agriculture and Consumer Services. The Proposer must submit proof of current
certification with Response.
B. Shall successfully pass a background investigation conducted and paid for by the CIP as
part of the qualification process and before any work assignments can be made.
C. Successfully complete a Familiarization Program designed by the CIP for a period not ,to
exceed forty (40) hours.
D. Must submit certificate(s) of insurance evidencing coverage in a form satisfactory to the
CIP.
`-E. - Must slitsmit a—currerit- resume. The resume must reflect the following --information: (1-)-
name(s) of current/past employer(s), to include contact name and telephone number, for
whom private investigation services was performed; (2) the length of time the Investigator
provided said services for that employer(s); and (3) all experience which reflects the
Investigator's familiarization with standard investigative practices.
The CIP reserves the right to contact any and all references to verify and determine
qualifications,
3
City of Miami, Florida
Private investigation Services RF'LI,O5-06-p64
F. Must submit completed Statement of Qualifications Form.
G. Must possess three (3) years of experience as a licensed Private investigator.
FAILURE TO PROVIDE ANY OF THE ABOVE REQUIRED DOCUMENTS SHALL
DISQUALIFY INDIVIDUAUFIRM FROM PROVIDING PRIVATE INVESTIGATION
SERVICES for the CIP.
V. Deadline for Receipt of Information / Clarification
Pursuant to the Cone of Silence, any request for additional information or clarification must be
received in writing no later that Wednesday, April 19, 2006 at 5:00 PM. interested individuals
(Proposers) may fax or email their requests to the attention of Michael A. Rath, CPPB, CPPO,
Assistant Purchasing Director, at the City of Miami's Department of Purchasing, 444 S.W. rl
Avenue, 6th Floor, Miami, Florida 33130. The facsimile number is (305) 400-5153 or email:
mrath[o)ci.miarni.fl.us. This RFLI is subject to the City of Miami's "Cone of Silence" in accordance
with Section 18-74 of the City's Ordinance No. 12271.
VI. Independent Contractor
The Private Investigator(s) is considered an independent contractor, and neither the Private
Investigator(s) nor any of its agents, representatives or employees shall be considered to be an
employee of CIP or City of Miami.
VII. Sub -Contractors of Work Shall Be Identified
In its Proposal, the Proposer shall identify all Sub -Contractors, as applicable, that will be used in
the performance of the proposed Contract, their capabilities, experience, M/WBE designation, as
defined in Ordinance 10062 and —a brief description of- the work to be performed by the
subcontractor(s).
The Successful Proposer(s) shall not, at any time during the term of the Contract, subcontract any
part of his operations or assign any portion or part of the Contract to a sub-consultant(s) not
mentioned in its Proposal without written consent of the City. Nothing contained in this RFLI shall
be construed as establishing any contractual relationship between any sub -consultants) and the
City.
VIII. Fee Schedule
The CIP shall pay Private Investigator(s) $70.00 per hour straight time, during the initial two years
of the contract. The hourly rates for the optional extension year(s) may be increased if approved,
in writing, by the CEP, for an amount not to exceed a maximum of 10% per extension year.
There shall be no reimbursable out-of-pocket or travel expenses without written notification and
authorization of the CIP. The CIP will monitor the number of hours submitted by Private
Investigator(s) for work performed, and shall not pay for any questionable hours not documented
by Investigator(s) or approved by the CIP.
IX. Work Assignments Identified
All work assignments during the Contract period will be on an "as needed, when needed" basis,
complying with notification requirements. The CIP offers no guarantee as to the number or
frequency of work assignments or the amount of payments to be received by any Private
Investigator(s) under the terms of the Contract.
City of Miami, Florida Private investigation Services RFL145-06-064
X. Collusion
The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous
understanding, agreement or connectioneither with any person, firm, or corporation submitting a
Proposal for the same services, or with the City's Purchasing 'Department or initiating
Department/Office/Trust. 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 Proposals where collusion may have
occurred.
XI. Indemnification
The Successful Proposer shall agree to indemnify, defend and hold harmless the City and the CAP,
and its' officials, employees and agents (collectively referred to as "indemnities") and each of them
from and against all losses, costs, penalties, fines, damages, claims, expenses (including
attorney's fees), liabilities (collectively referred to as "Liabilities") by reason of any injury to or death
of any person or damage to or destruction or loss of any property arising out of, resulting from, or
in connection with (i) the performance or non-performance of the services contemplated by the
Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act,
omission, default or negligence (whether active or passive) of the Indemnities, or any of there or
(ii) the failure of the Successful Proposer to comply with any of the requirements specified within
the Contract, or the failure of the Successful Proposer to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal, state or local, in connection
with the performance under the Contract. Successful Proposer expressly agrees to indemnify and
hold harmless the Indemnities, or any of them, from and against all liabilities which may be
asserted -bran employee or formeremployee of successful Proposer, or any of its subcontractors,
if applicable and as provided-above;-for--which-t.he-Successful Proposer's liability to -such employee
or former employee would otherwise be limited to payments under state Workers' Compensation
or similar laws.
XII. Insurance
Within ten (10) days after notification of award, the Successful Proposer shall furnish Evidence of
Insurance to the CIP.
Execution of a Contract is contingent upon the receipt of proper insurance documents. Successful
Proposer will be required to maintain throughout the contract a minimum insurance coverage, as
deemed acceptable by the City's Risk Manager, and shall name the City and the CIP as Additional
Insureds. Information regarding any insurance requirements shall be directed to the Risk
Management Administrator, Risk Management Department, at (305) 416-1700. Additionally,
Successful Proposer may be liable to the City for the cost of re -procuring the services, caused by
"Successful Proposer's failure to submit the require documents.
XIII. Hold Harmless
The Successful Proposer shall hold harmless and indemnify the City and the CIP for any errors in
the provision of services and for_any Dines- which_ nay_ sult from__ the_ _.faul. _of_ the Successful
Proposer.
XIV. Confidentiality
The Private Investigator(s) agrees to keep confidential all information and data, whether written or
oral, obtained from CIP or pursuant to the performance of its services on the C(P's behalf.
City of Miami, Florida
Private investigation Services ) FL105--06-064
XV. Suspension or Termination of Servioes
The Private investigator(s) shall have the right to suspend or terminate any or ail of the services
covered under the Contract upon giving ninety (90) days written notice to the CIP. CIP shall have
the right to suspend or terminate any or all of the services covered by the Contract by notifying the
Private Investigator(s) when suspension or -termination is to be effective.
XVi. 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 Chief Procurement Officer who shall have the
authority, subject to the approval of the City Manager, the CIP Independent Counsel and 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 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 patty's right to file a protest. NO EXCEPTIONS.
XVII. Minority 1 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, Successful Proposers doing business with the City are encouraged to include
minority firms as participants in their Proposals,
XVIii. First -source Flaring 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 Capita! -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.
-6
City of Miami, Florida
Private Investigation Services RFLI05-OG-0L4
Services include, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shalt 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.
XIX. Evaluation
Proposals will be reviewed and evaluated. An Evaluation Committee ("Committee") will be created
by the CIP to evaluate each Proposal and determine the firm, corporation,
partnership, individual, or other legal entity ("Proposer") that is most advantageous and in theCityand CIP's best interest. The City may require an oral presentation from Proposer(s). The CIP
further reserves the right to award a contract to more than one Proposer.
Responses shall be evaluated based upon the following criteria and weight:
A. Evidence of the ability, understanding of required services, capacity & skip of firm or
individual to perform, including timeliness, stability, and availability.
Maximum 30 points
B. Quality, depth & scope of response.
Maximum 15 points
Successful experience & background in similar services.
Maximum 44 points
D. Background, qualifications & experience of personnel assigned to the project.
Maximum 15 points
The CIP will be responsible for recommending the most qualified Proposer(s) with whom to
negotiate a Contract, and the City Commission must approve the recommendation for award. The
City Commission further reserves the right to accept or reject any recommendation. The City will
negotiate with the Successful Proposer(s) a Contract,
As part of the evaluation process, the CiP may conduct a •background investigation of Successful
Proposer(s) and/or any personnel of Successful Proposer(s) assigned to said engagement:
Submission of a response constitutes acknowledgment of the process and consent to such
investigation as necessary.
XX. Submission Requirements
Interested individuals are to submit written Responses which detail the Private investigator's
qualifications and experience. All prospective Private Investigators shall provide in its Response
the following:
A. Describe the Proposer's organizational history and structure; years Proposer and/or
firm has been in business providing a similar service(s), and indicate whether the City
has previously awarded any contracts to the Proposer/firm. Proposer should include the
name of the organization, physical location, business phone/fax/email address, contact
person and federal tax ID.
B. Provide proof of current certification/license(s) as a Private Investigator in good
standing, from the State of Florida Department of Agriculture and Consumer Services
7
City of Miami, Florida
RFLI O5-06-064
or any other agency of the State of Florida authorized to issue such license(s). Proof of
licenses as a Private investigator, of Firm and any assigned Investigators of firm, and
any interested Individual, must be provided with Response,
C. Provide its overall qualifications and experience of Proposer. Additionally provide a
current resume of Proposer and Investigator(s) to be assigned to this Project. The
resume(s) must reflect the following information for at least the past three (3) years: (1)
name(s) of current/past employer(s), to include contact name and telephone number,
for whom private investigation services was. performed; (2) the length of time the
Investigator provided said services for that employer(s); and (3) all experience which
reflects the Investigator's familiarization with standard investigative practices. -Include all
experience related to law enforcement or work performed of a similar nature. Include
Proposer's race/gender/ethnicity, and languages spoken by Proposer and/or assigned
Investigator(s). The CIP reserves the right to contact any and all references to verify
and determine qualifications.
D. Based on the Scope of Work, describe how you would Approach the Project and
coordinate all work. Generally describe the methodology to be utilized along with
resources to be considered. Provide a sample investigative report.
E. Provide completed Statement of Qualifications Form agreeing to adhere to all
requirements stipulated therein,
F. If available, provide a letter of reference, from at least one (1) .entity, attesting to your
ability to perform private investigation services for the CIP.
G. Provide copy of current Occupational License, as applicable.
Failure to provide and/or agree to each of the above may be cause to deem.your'Response
non -responsive.
onsive. _ p
Private investigation Services
XXI: -Receipt of Responses
Provide one (1) original and thee (3) copies of signed and dated Responses with required
documentation to the Office of the City Clerk, Attn: Priscilla A. Thompson, 3500 Pan American
Drive, First Floor, Miami, Florida 33133 no rater than Wednesday, April 26, 2006 at 2:00 PM.
Responses must be clearly marked on the outside of the envelope referencing RFLI No. 05-06-
064, PRIVATE INVESTIGATION SERVICES FOR THE CM. Failure to submit Response by the
due date and time, and at the location specified above, .will disqualify Private Investigator.
8