HomeMy WebLinkAboutRequest for ProposalsRequest for Proposals
Purchasing Department
Glenn Marcos, CPPt3, Director/Chief Procurement Officer
Miami Riverside Center
444 SW 2nd Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number: 18034
Title: Request For Proposals for a hosted
System to Provide Video Streaming
Issue Date/Time: 14-MAR-2007
RFP Closing Date/Time: 1.1-A1'R-2007 (i), :00:00
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Friday, March 23, 2007
Buyer: Byrnes, Terry
Location: City of Miami - Purchasing
444 SW 2 Ave, 6th Floor
Miami FL 33130 US
Buyer F-Mail Address: 'fByrnes(cuci.miami.l1.us
Buyer Facsimile: (305) 400-5230
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination.
The City reserves the right to accept or reject all or any part of this submission. Prices should be
firm for a minimum of 120 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose
to furnish and deliver, F.O.B. DESTINATION, the items 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 any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph
and section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (i) further
certify that this submission is made without 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 without collusion or fraud. We (I) agree to abide by all terms
and conditions of this solicitation and certify that I am authorized to sign this submission for the
submittcr. Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS•
PI-IONE: FAX:
I; MAID: 13hI"PFIZ•
SIGNED BY:
`F1 f1.E •
LDAT :
FAILURE TO COMPLETE, SiGN, AND RETURN Til1S FORM SILALi, DISQUALiFY'I'IiiS RID.
0136
ifications
I Name ()Fr -
Entity Type: Partnership, Sole Proprietorship, Corporation, ctc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has rcad 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 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
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or
duration of all new positions which might be created as a result of this award of a Contract.
Minority/Women I3usincss Affairs Registration Status: Hispanic, Female, ]31ack or None,
1'agc o .,
Include a copy of your software licensing agreement.
Include a copy of your hosting agreement, if applicable.
Has firm been established for a minimum of five (5) years?
Does Project Manager have a minimum of five (5) years experience with this type of service? (Yes
or No)
Name at least five (5) similar projects as Project Manager.
Reference f11- Company Name
Rcfcrcnce 111- Addres
Reference I/1- City, State, Zip
Refercncc ill- Contact
Reference I/ 1- Phone
Reference 1l2- Company Name
tcrenc
Address
Reference //3- Company Name
Page 4 of 36
]•cncc 1/2 Phone
Reference //2- Contact
Reference #2- City, State, Zip
Reference 1/3- Address
Reference 113- City, State, Zip
Reference Il3- Contact
Reference ll3- Phone
Subcontractor ill- Company Name
Subcontractor #1- Address
Subcontractor if 1- City, State, Zip
Subcontractor #1- Contact
Subcontractor I11- Phone
Subcontractor 1/2- Company Name
of,6
Guhcon(mcto,02-Address
Subcontractor /12- City, State, Zip
Subcontractor V2-Contact
SuhooWmcwr82'Phone
)`ooc0oG6
Description: "Total Cost to Provide a hosted System for Streaming Video Services Acceptable
to the City
Category: 915.51-43
Unit of Measure: Dollar
Unit Price:
Describe what is provided with
your support and maintenance
services included in the initial
software license fcc. Include
application and database
specifications as well as third
party products.
What support and maintenance
services are included in the
initial software licence fee?
Describe any upgrades.
Describe any upgrades
anticipated within the next two
years, including their schedule.
Describe the tools or methods
used to deploy application
upgrades and how this is
normally accomplished/
Describe the tools or methods
used to test application
upgrades.
Line: 2
Number of Units: 1 'total: S
Description: Annual Maintenance Cost (per Month) to Maintain System as Described in
Specifications (After Acceptance of Project Completion by City)
Category: 28029-39
Unit of Measure: Month
Unit Price: $
Number of Units: 36 S
il`36
Iclue, t for Proposals (IZ1 1') 1503(1
Table of Contents
Terms and Conditions 9
1. General Conditions 9
1.1. GENERAL TERMS ANI) CONDITIONS 9
2. Special Conditions 28
2.1. PURPOSE 28
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL,
INFORMATION/CLARIFICATION ""8
2.3. TERM OF CONTRACT 28
2.4. CONDITIONS FOR RENEWAL 28
2.5. NON -APPROPRIATION OF FUNDS 28
2.6. MINIMUM QUALIFICATION REQUIREMENT'S 28
2.7. CONTRACT EXECUTION 29
2.8. FAILURE TO PERFORM 29
2.9. INSURANCE REQUIREMENTS "9
2.10. ADDITIONAL INSURANCE REQUIREMENTS 30
2.1 I . CONTRACT ADMINISTRATOR 31
2.12. SUBCONTRACTOR(S) OR SURCONSULTANT(S) 31
2.13. USE OF PREMISES 31
2.14, DAMAGES TO PUBLIC/PRIVATE PROPERTY .31
2.15. WARRANTY OF SERVICES PROVIDED 31
2.16. COMPLETE PROJECT REQUIRED 31
2.17. TERMINATION 32
2.18. METHOD OF PAYMENT 32
2.19. CHANGES/ALTERATIONS 32
2.20. ADDITIONAL SERVICES 32
3. Specifications 33
3.1. SPECIFICATIONS PROCESS REQUIREMENTS 33
4. Submission Requirements 34
4.1. SUBMISSION REQUIREMENTS 34
5. Evaluation Criteria 36
5. I . EVALUATION CRITERIA 36
1'36
Request for Proposals (UP) 180311
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS ANi) CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of S25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an invitation for 13ids, Request (Or Proposals,
Request for Qualifications, or Request for Letters of interest pursuant to the City of Miami Code and/or
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 oldie good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. in the event the
goods/equipment supplied to the City arc found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed response shall be considered an offer on the part of the
bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after closing date and request re issuance on the,goods/services described in thc formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject thc response of any bidder/proposer who has previously failed to properly perform under the
terns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform thc requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDUMS — it is the bidder's/proposer's responsibility to ensure receipt of all Addendums.
Addendums are available on the City's web site at: http://www.ci.miami.ftus/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (I) alternate
response from 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 13idder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, items, equipment, materials,
and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of this Contract, or any or all of its right, title or interest herein, without City of Miami's prior
written consent.
1.7. ATTORNEY'S FEES - In connection with any 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 including appellate litigation and any post _judgment proceedings.
1.8. AUDIT' RiGLITS AND RECORDS RETENTION - The Successful Biddcr/Proposer agrees 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 arc directly pertinent to this formal solicitation,
for thc purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the hooks, documents, papers and records pertinent to the Contract for
three (3) years after thc City makes final payment and all other pending matters arc closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
Page 9 ol 36
Request iOr I'ropias,aIS (ltlf) 1803.1
by the City,
1.9. AVAILABILITY OF CONTRACT STATE-WIDE, - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful biddcr(s)/proposcr(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful biddcr(s)/proposcr(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, l3iddcr's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement.
B. The award of a contract where there arc Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tic Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -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. 13idder/Proposer shall be in default of its
contractual obligation if such documents arc 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 most lowest responsive, responsible Bidder/Proposer or re -solicit the
City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer
and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a
result of the Bidder's/Proposer's default.
1). 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/cm
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 service
and supplies while a new contract is being solicited, evaluated, and/or awarded. lithe right is exercised,
the City shall notify the ]3iddcr/Proposer, in writing, of its intent to extend the contract at the same price,
terns and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, thc City and thc Successful Bidder/Proposer arc in mutual
agreement of such extensions.
F. Where thc contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award thc contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
II. A Contract/Agreement may be awarded to thc Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFi,I, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer/13iddcr,
whichever is determined to be in thc City's best interests. Such agreement will be furnished by the City,
will contain certain terms as arc in the City's best interests, and will be subject to approval as to legal form
by the City Attorney.
1.11. BiD BOND/ 13iD SECURITY - A cashier's or certified check, or a laid 13ond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposcrs, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as hid/proposed, if it
is awarded to bidder/proposer. ]3iddcr/Proposer shall forfeit bid deposit to the City should City award
contract/agreement to 13iddcr/Proposcr and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits arc returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposcr's acceptance of
I'210e I() of .;G
for Proposals (IZInI') l 031
award. If sixty (60) days have passed after the date oldie formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
Certified Minority/Women vendors may apply to participate in the City's f3id 13ond Voucher Program by
contacting the Minority/Women Business Affairs office.
1.12. RESPONSE FORM (IIARDCOPY FORMAT) - All forms should he completed, signed and
submitted accordingly.
1.13. Bit) SECURITY FORFEITEi) LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided hcrcin, shall be just cause for the
annulment of the award and the forfeiture of the laid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next
most lowest responsible Bidder/Proposer or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer 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.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, l3idders/Proposers will submit, with their response,
complete scts of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. 'I'hc City shall be thc sole judge of
equality 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 arc to be furnished after
the date of bid opening/closing 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 formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before hid
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
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. if contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, 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 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.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firni 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, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITII FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments arc subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
thc 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, sex, or age with regard to, but not limited to, the lbllowing:
employment practices, rate of pay or other- compensation methods, and training selection.
13. Occupational, Safety and f lealth Act (OSI IA), as applicable to this Formal Solicitation
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
Page 11 of 36
Request for Proposals (REP) 18031
D. Minority/Women Business Affairs Enterprise (M/WI3E) City Ordinances No. 10062, 10538, 11272, as
amended, as applicable to this Formal Solicitation.
E. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
F. Uniform Commercial Code (Florida Statutes, Chapter 672).
G. Americans with Disabilities Act of 1990, as amended.
iI. National institute of Occupational Safety Hazards (NIOSiT), as applicable to this Formal Solicitation.
I. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
J. City Procurement Ordinance City Codc Section 18, Article ii1.
K. Conflict of Interest, City Code Section 2-61 1;61.
L. Cone of Silence, City Code Section 18-74.
M. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
N. First Source ifiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation
Implemented to foster the creation of new and permanent jobs for City of'Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack 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 termination 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 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IF13 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 public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or iF13s (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, thc City Manager and the City Manager's staff; the Mayor, City
Commissioners, 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; oral communications, provided the communication is
limited strictly to matters of process or procedure already contained in thc formal 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, RFLi or 1E13 (bid) documents (See Section 2.2. ()Idle Special
Conditions); or communications in connection with the collection of industry continents or the performance
of market research regarding a particular RFP, RFQ, RFl.1 OR 1F13 by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office oldie 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
Marcia@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 13iddcr, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Codc. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Page 12 or 36
Request fbr Proposals (REP) 18034
Attorney and/or may file a complaint with thc 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 Conc of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Conc of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, thc City of Miami is subject to the Florida
Sunshine Act and Public Records 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. CONFLICT OF iN'l'EREST— l3idders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on thc part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose thc name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the your firm.
1.23. COPYRIGIIT OR PA'I'EN'I' RIGHTS — l3iddcrs/Proposers warrant that there has been no violation
of copyright or patent rights in manufactring, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY 13IDDER/PROPOSER - All expenses involved with thc preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(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 attorney, 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 Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall he issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the 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 lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of 13ids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perlbrm within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
I''it!,e 1 3 OI .4
Request lIor Proposals (IZF1) 180371
(8) 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.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the constriction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terns of this agreement, the City will notify
the 13idder/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 part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services 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.
13. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
non conforming with the terms of the Contract.
E. 13ecoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terns of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become duc on this Contract.
1.28.1)ETERMINATION OF RESPONSIVENESS - Each Response will he 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 "1'F,RM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
c 1'l c>1'3(
Request for Proposals (REP) 18034
successful 13idder(s)/Proposer(s) during the teen of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will bc passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being thc governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane 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 times of emergency.
1.32. ENTIRE B11) CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLis, and represents thc entire understanding and agreement between thc parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if'any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then thc Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars arc provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. 'I'hc City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by thc City for purposes of determining the low
bidder/proposer meeting specifications. The City reserves the right to acquire additional quantities at the
prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUA'JION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to thc 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 not an all inclusive list of reasons for which a Response may be rejected. The City 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.
13. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not bc awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
Request for Proposals (IZI'I') 1803,1
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
C". Determination of Responsibility
1) Responses will only be considered from entities who arc regularly engaged in the business ofproviding
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall he construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Biddcr(s)/Proposcr(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDI'I'IiONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (iF13) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFI,i to be considered non -responsive; and, if
exceptions are taken to the teens and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.0.13. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted 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 spccificd in this Formal Solicitation. Failure to do so
may he 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 fire throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for thc period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(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, thc 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 thcy arc 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 includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
Pau, 1.6of36
Request for I'roposnls (It I l') 1 8( 7�1
(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.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than thc minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by thc United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, lull
responsibility to determine whether any of its employees may he impacted by this Florida i.aw at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay ratc(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout thc term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and succcssfiul
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF MIAMI LiViNG WAGE ORDINANCE- The City of Miami adopted a living wage
ordinance for city service contracts awarded by the city containing a total contract value exceeding
$100,000 annually for the following services: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation
and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on October 1, 2006, contractors must pay
its' employees a living wage no less than $10.58 an hour with a health benefit plan and not less than $1 1.83
an hour without health benefits, which shall be adjusted annually by no later than April 1st following the
publication of the U.S Department of Health and iluman Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of
the city's general funds, capital project funds, special revenue funds, or any other funds either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services,
either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to
the sale of products or goods.
The service contractor, prior to entering any such contract, must certify to thc city that it will pay each of'
its covered employees no less than the living wage. A copy of this certificate must be made available to the
public upon request. The certificate, at a minimum, must include the following:
(1) The name, address, and phone number of the employer, a contact person, and the specific project for
which the service contract is sought;
(2)
(3)
(4)
(5)
The amount of the service contract and the city department the contract will serve.
A brief description of the project or service provided;
A statement of the wage levels for all covered employees; and
A commitment to pay all covered employees thc living wage.
A copy of the living wage rate shall be kept posted by the service contractor at the site of the work in a
prominent place where it can easily be seen and read by the covered employees and shall be supplied to
such employees within a reasonable time after a request to do so. Additionally, service contractors shall
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Request for Proposals (RIP) 1803/1
furnish a copy of the requirements of the City of Miami hiving wage Ordinance to any entity submitting a
bid for a subcontract on any service contract subject to this article. Posting requirements will not be
required where the service contractor prints the following statements on the Iron of the covered employee's
first paycheck and every six months thereafter. "You arc required by the City of Miami Living Wage
Ordinance to be paid a Living Wage. if you do not believe you being paid at the Living Wage rate, contact
your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and
Creole.
Service Contractors and their subcontractors agree to produce all documents and records relating to payroll
and compliance this Ordinance. Each service contractor shall maintain payroll record for all covered
employees and basic records relating thereto and shall preserve them for a period of three (3) years from
the date of termination or expiration of the service contract. The roecords shall contain:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The name and address ()leach covered employee;
The job title and classification;
The number of hours worked each day;
The gross wages earned and deductions made;
Annual wages paid;
A copy of the social security returns and evidence of payment thereof;
A record of fringe benefit payments including contributions to approved plans; and
Any other data of information the city require from time to time.
Every six months, the service contractor shall file with the city's procurement director a listing of all
covered employees together with a certification of compliance with this article. Upon request from the
city, the service contractor shall produce for inspection and copying its payroll records for any or all of its
covered employees for any period covered by the service contract. The city may examine payroll records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the
covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of Miami Living Wage.
1.41. GOVERNING LAW ANI) VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.42. HEADINGS AN)) TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terns and provisions hereof.
1.43. i1EALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (i11PPA) - 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 (IiH1) and/or Protectcd health information (Pill)
shall comply with the Health Insurance Portability and Accountability Act (TTIPAA) of 1996 and the City
of Miami Privacy Standards. IIIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
1). Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that TIFII/PINT will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PITT available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
st for Proposals (IZI 1') 1803/1
C. Making P111 available to the City of Miami for an accounting of disclosures; and
II. Making internal practices, books and records related to PIii available to thc City of Miami fin -
compliance audits.
Pi1I 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 information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.44. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, Toss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
investigation.
1.45. INFORMATION AND DESCRIPTiVE LITERATURE —13iddcrs/Proposer must furnish all
information requested in the spaces provided in thc Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, and
technical specifications covering the products offered. Reference to literature submitted with a previous
response or on file with the Buyer will not satisfy this provision.
1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE - 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 hid closing, whichever is earlier. 13id/Proposal results will he tabulated and may be
furnished upon request via fax or c-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also arc available on thc City's Web Site following recommendation for award.
1.48. iNSUJRANCE - Within 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
coverage 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 thc manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to thc City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (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 such circumstances, the Bidder/Proposer may he prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The I3idder/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 granted to the Bidder/Proposer.
1.49. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc).
1.50. LOCAL PREFERENCE - City Code Section 18-85, states that thc City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Off ice, the opportunity of accepting a
bid at the low bid amount, if the original hid amount submitted by the local vendor is not more than ten
9 (1
Itc(.ltust (nTri I)) als (Iti'l') IS03"I
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
1.51. MANUFACTURER'S CERTIFICATiON -Thc City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure 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.
1.52. MINORITY/WOMEN PROCUREMENT PROGRAM - Ordinance No. 10062, as amended,
entitled the Minority and Women Business Affairs and Procurement Ordinance oldie 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 13lack, l lispanic and Women minority business enterprises on an
equal basis." A minority business enterprise is defined as a business firm "...in which at (cast 51 percent of
said enterprise is owned by I3lacks, 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 these Ordinances, participation in providing goods and services to the
City by minorities is being encouraged in a number of ways. All bidders/proposers doing business with the
City are encouraged to include the participation of minority firms in their response. In evaluating
bids/proposals for determination of awards, minority participation may bc a factor. Failure to adequately
involve minority firms may be a basis for rejecting any and all responses.
Possible ways to include minority participation would involve:
A. Joint venture with a minority firm(s)
13. Utilizing minority firm(s) as subcontractor(s).
C. Utilizing minority firm(s) to supply goods and/or services.
1). Successful implementation of well defined affirmative action program.
E. Other forms of minority participation, if properly documented.
Successful bidder(s)/proposer(s) shall he required to establish an Affirmative Action flan, if not, an
Affirmative Action Policy shall be established, pursuant to Ordinance /110062 as amended. Effective date
of implementation must be indicated on the policy.
A "Minority Status Information Sheet" is provided to assist bidders/proposers in presenting information
concerning minority participation.
Minority and women -owned business firms are encouraged, but not required, to register with thc City prior
to submitting a response. The Purchasing Department, Minority/Women Business Affairs Office, will
provide the necessary forms and instnictions upon request. All bidders/proposers are urged to submit
responses for any goods or services that they are able to supply, regardless of minority classification.
However, compliance with all requests for information regarding Minority/Women Status or Participation
is required. Bidder's/Proposer's cooperation is greatly needed to aid the City in achieving its goal.
Bidders/Proposers may contact this Office at (305) 416-1913 for information.
1.53. MODIFICATIONS OR CHANGES IN PURCHASE ORi)ERS ANI) CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon thc City unless made in writing by thc Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
1.54. NO INTEREST iN BIDDING - If you do not wish to respond, please return thc "Statement of No
Bid" form, stating the reason. Failure to submit a response after three (3) times without a sufficient
justification of "No 13id" will he cause for removal from the Vendor/13iddcr's list.
Vendors are encouraged to register on-line by visiting thc City's websitc at
http://www.ci.miami.fl.us/procurement
1.55. NO PARTNERSHIP OR JOiNT VENTURE - Nothing contained in -this Contract will bc deemed
or construed to create a partnership or joint venture between thc City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.56. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may he tested for compliance
with specifications under the direction of'thc Florida Department of Agriculture and Consumer Services or
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Request for Proposals (RFP) 1803/1
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter I I9, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at i3idder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.57. NONDISCRIMINATION —Bidder/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 formal solicitation. Furthermore, Bidder/Proposer agrees that no otheiwise 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.
Tn connection with thc conduct of its business, including performance of services and employment of
personnel, 13idder/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 employment.
1.58. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, SNAPS Agreements, or other similar sources for the purchase of these goods and/or services 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.
1.59. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint 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 Tax requirements in accordance with Chapter 31.1, Article I of thc City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax 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.
1.60. ONE PROPOSAL - Only one (I) 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 May 13e Considered.
1.61. OWNERSHIP OF DOCUMENTS - 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 13idder/Proposcr
pursuant to this formal solicitation shall at all times remain thc property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.62. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application 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 he valid and enforced to the fullest extent
permitted by law.
1.63 PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.64. PREPARATION OF RESPONSES (IIARDCOPY FORMAT')—i3iddcrs/Proposers are expected to
Page 2l of"36
I Ciluest lip. Proposals (It1 1'') 1803/1
examine the specifications, required delivery, drawings, and all special and general conditions. All bid
amounts, if required, shall be typewritten entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each 1idder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder -/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. if so required, the unit price for each unit offered shall he shown, and such price shall include
packaging, handling and shipping, and F.O.13. Miami delivery inside City premises unless otherwise
specified. 13idder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any 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" column for each item offered. in case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The I3idder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must he signed in
ink with the firm's name and by an officer or employee having authority to hind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may he rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part 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 format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, TI-IE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST 13E
RETURNED TO Tur, CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.65. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on thc part of the contractor to other customers shall he passed on to the City of
Miami.
1.66. 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 delivery and that the new product meets or exceeds
all quality requirements.
1.67. CONFLICT OF INTEREST, AND UNETiiICAL BUSINESS PRAC'1'iiCE 1'ROiil131'I'iONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City 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 contingent upon or in
connection with, thc award of this Contract.
1.68. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers arc required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, thc Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that thc terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. if an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
Iq)
Request for Proposals (REP) 18034
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the elate it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.69. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value oldie property at the current market value,
less depreciation of the property if any.
1.70. PROVISIONS BINDING - Except as otherwise expressly provided in this Contract, all covenants,
conditions and provisions of this Contract shall be binding upon and shall inure to the benefit oldie parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.71. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response 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 thc
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 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, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.72. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article IIi, and agrees 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 cancellation of this
Contract by the City.
1.73. 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, attic best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.74. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.75. REMEDIES PRIOR 'I'O AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.76. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than 525,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(h) Contract dispute decisions. If a dispute is not resolved by mutual consent, thc City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall he immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
36
Rcqucst for Proposals (RFI') 1803/1
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.77. RESOLUTION OF 1'ROTES'l'ED SOLICF1'A'FIONS AND AWARDS (Scc. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall he filed with
the Chief Procurement Officer within three days after the Rcqucst for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the 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 writtcn 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 newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. Any actual proposer who perceives itself aggrieved in connection with thc recommended award of
Contract 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 two days after receipt by the proposer of the notice of the
City Manager's recommendation for award of Contract. The rcccipt by proposer of such notice shall be
confirmed by the city 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; or
ii. Any actual Responsive and Responsible l3iddcr whose 13id is lower than that of the recommended bidder
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 two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. 'I'hc receipt by bidder of such notice shall be
confirmed by the city 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.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written 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 Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in thc protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of thc 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 or default from which the designated period of time
begins to nun shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall he
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
f36
Request for Prop() (I I>) I
protest. In cases involving more than S25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a iavorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to rilc a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that thc 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 a protest shall be assumed by the protestor.
(I) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which tiling fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. if a protest is upheld by
the Chief Procurement Officer and/or the City 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 filing fee
shall he forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.78. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. if not destroyed by testing, biddcr(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in thc samples
becoming the property of the City.
1.79. SELLING, TRANSFERRING OR ASSIGNING RESPONSiBiLI'I'IES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance 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 thc
City's sole discretion.
1.80. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
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 your response.
1.81. 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 quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm 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.
1.82. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RPP, RFQ, or RPLi. NO EXCEPTIONS. Bidders/Proposers arc welcome to attend
the solcitation closing; however, no award will he made at that time.
A. IIardcopy responses shall he enclosed in a scaled envelope, box package. The face of the envelope,
box or package must. show the hour and date specified for receipt of responses, the solicitation number and
on()
Ilcqucst for Prop( (Itl:l') I SUM
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. iiardcopy responses received at any other location than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: 1-95 SOUTIT UNTIL IT TURNS INTO US I. US 1 SOUTiI To 27fi1 AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSiORE DR. (3RD TRAFFIC LTGJIT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27T11 AVENUE, TURN RIGTTT, PROCEEi) SOTJ'1TT TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGITT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON MITT.
13. Facsimile responses will not be considcrcd.
C. Failure to follow these procedures is cause for rejection of hid/proposal
1). The responsibility for obtaining and submitting a response on or bcforc the close date is solely and
strictly the responsibility of I3idder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received alter the
solicitation closing date and time will be returned unopened, and will not he considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City bcforc thc
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
IL 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, box or package must contain the
information previously stated in I.81.A.
1.83. 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. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the l3idder/Proposcr 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.
1.84. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written 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 City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.85 TERMS OF PAYMENT - Payment will be made by the City after thc goods and/or services awarded
to a I3idder/Proposer have been received, inspected, and found to comply with award specifications, free of
damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of'
Miami,
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/scrvices and pursuant to Florida Statute 218.74 and other applicable law.
1.86. TiMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
Pa 26 of 36
Request for Proposals (It FP) 180371
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.87. ITITA: - 'hoc to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes tirst.
1.88.I'RADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter I 19, Honda Statutes. An
exception may be made for "trade secrets."
Tithe Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter I 19 must be submitted in a separate envelope, clearly identified as "TRADE
SECREIS EXCEPTION," with your firm's Mine and the Solicitation number and title marked on the
outside,
Please be aware that the designation of an itern as a trade secret by you may be ehalleriged in court by any
person. 13y 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 Ices and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.89. UNAUTHORIZED WORK OR DELIVERY OF GOODS- 'Neither the qualified
Bidder(s)/Proposer(s) nor any 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. Thc qualified
Ridder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of thc
contract or any work performed by an employee not otherwise previously authorized.
1.90. 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, without prior express
written permission of the City Manager or the City Commission.
1.91. VARIATIONS OF SPECIFICATIONS - For purposes 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.
Ibige 27 or 36
Kcqucotk^YnqxONxk(K[p}|80G4
Z. Sprdw|Cnodi|inoo
Iin]Kr0SF,
'rho purpose nDhiv Solicitation is to `suWi;b n cvo/ooq IN h'n/uU m`|x`ioo pm"idixx 247 live
mummingufCiqo[kxiu10cable w|c°mnopmQmmx.uospecified heroin, 0nn oxonoc(S)o[nupn|y(hat
will give pmnip/and efficient service.
2IUFAUl.lNDFOR KKCD|pT0[KKVUK6TFOR ADDITIONAL
Any questions or clai-ifications concerning this solicitation shall be subillitted by Illai I. cillail or (acsillnic to
the Purchasing Dopal'tnlCo\ fum: Terry 8ynms. CPPB� 6n: (305)400 5230 or
cmxi|: tbymv�(�t?,"imiomiU.vs. 'rho solicitation /idc and number shall be referenced on all
correspondence. All questions must bureceived nu\omxMan hiduy. Nu"j' 23'2007. N| nspnmcx m
questions will be sent moU pmvp,ctivchiddoo1mpovco in [Ile [hnn Oil all xUdmdom� NO QUESTIONS
vVlU[BDKUCDl\/EDYGRD/J'CYUKAl'[[8SAID
D}�N)UN�
%.3.lE'DK40fCONTRACT
Tbc pmposudx qualified Ropmvidcthe oc,vico(s) mqomud heroin (die -Successful Pmpvx*r(x)^)xhnU be
required to execute n ;ononw(^Cnnonct`j with dhcCity, which nbxU iuc|odq but not be |imiud to, /hc
foUmvingmmns:
(l) 'rho teonnftheCunonu(s)shall hcfor thoz(3)years with mooption mrenew For dncu(3)
^ddihonu\one (\) year pv,inJs.
(2) Thc City nbnU have to option w extend urenoivnw to Cnnunct.
Continuation v[rhucvntmct beyond the iniho| nch"d is Citypnm8yh,c not right nkhc
bidder/proposer 7hix prerogative will he exercised only v,bcn such continuation is clearly ill thchmm
interest vkhcCity.
%.4.CONDITIONS FOR RENK\NVAl.
Each rumvmi ofthis contract is subject to the [uUm,iug
(|) Conininued satisfactory perComimcc with [lie specifications, tcrills arld conditions
oxtahUshcdhomin.
(2) A,uUnhi|ityofhumb
In the cvum Vhc Cvn`mc/n,ix unoh|om extend the contract 0`rony subsequent period onVc,(lie above
cmdWorls, or for whatever cause, advance wi-itten notice and explanatim imm be nibmitted W We Chicf
Procurement Officer, no later than ninety (90)days prior wthe annual oxpinuion dxtc. Such no66no'io" is
subject to the acceptance of the City, or the Contractor inay be found to be in default.
2.5. NON -APPROPRIATION O;FUNDS
In the event no funds or insufficient h/mb are appropriated and hodye/cd o,are otherwise uouvoi|nWx in
any 600u| period k,,pnymcnu due uodcrTi^ ovnvuu/. then the O4/, opnn "/rixon noxcc m Connvunrn,
his msigimco[such nhaU have the onqoo|,Fred i-iSht mtennmutc/hccvmnwt without any
pouuhyorexpense mthe (]l. �o�mmn�z. wonnn�yormpmx nm�o is modc /hu/oxyF*nim|arn,ouy
2�.w}lNlM13No0OAL11,11LATl0NuKVUx[M[N'/S
Wch firin intemsted in responding to this Request IN Qualificanons must provide the inforri,iation oil the
Pugr2Su[3o
Request k`,Proposals (K|'P) i80J1
(3)
f-ino`xqualifications and experience, 4ou|iDmlioils v[/hc pno'lcc/xam. Pnoli*u mona8c,`xupchcnnc.and
previous similar pnoJcou.
Additionally, Pmpvoo,mmx:
(|) hc.in established Firm kvxminimvmv[ yc:�S,and |`mpox r,o,iuoxvur(o)nmko,phv6px|(/).
must have n minimum v[O,c (5) ycom n|uxd experience,
(2) the individual proposed usthe Pno.ject Manager u^/x'have uminimumo(6,c(5)yu'o
experience ioScope, and have served axpro) .oc/munn8cr/cm`,/mc/ioil mona8c,vvximib,p:oioux000
minimumo[Uvo(5)previous occasions.
See 1uumuionuFor 8ohmiuingnkc pmmo:(Sohmioiv^Ko(Iuimmonu).''8vkmiiuis/hmdnom
respond completely mall requirements may hrconsidered non -responsive and eliminated hmm (lie
process.
2.7.00NTRACTKX0CUTQ)N
The selected Pmpo,or(x) evaluated and ranked inaccordance with the requirements o[U/ioSolicitation,
shall be awarded in opportunity to negotiate a contract ("Contract") with the City� The City reserves [lie
right mexecute n,not uxczutC.mapplicable oCm`ooctwith tile selected Pmpos ,(s)Umtixdotemivcdm
be in the [i/y's hcot interest. Suck Contract will ho 0mixhxd by the City, will contain certain tennv vx are
inthe City's best interests, and will hcmJbjuxwapproval zmmlegal form bythe City Attorney.
2.8.FAILURE T0PERFORM
Should itnot bc possible to mach the contractor o,supervisor and/or should ,encdiu| action not ho ukov
within48 hours of any failure to pmDxn`according mspecifications, the City reserves the h-lit to declare
Contractor indcDm|to[k*contract o,make appropriate reductions io(lie contract payment,
2.9,INSURANCE R[Q[0D[mJENlS
|NDFIK4N|B(�\liON
Bidder shall pay oil behalfof'l imicinnify and save City and its of'licials harinloss, fi-om and ai-Ilainst any wid
all claims, Unhi|itim. losses, and causes o[ucU"n.which may arise out ofhiddor'sperformance under the
provisions of,the Contract, including all acts or omissions to act on the part ofbidder, including any person
performing under this Contract for cxunbidder's h«hu|[ provided that any such duimx. liabilities, ksnc
and causes Of SLICII aCtiOn are not attributable to the negligence or misconduct ol'the City and, Kvn and
against any orders,judgments Or decrees which may be entered and \vhIch may result from this Contract,
unless attributable m the negligence ormisconduct o[the City, and 6nmaud against all costs, uxomcyv'
fees, expenses and \iwhi|k(ux {ncunxd inthe defense o[any such claim, Or the investigation th000[
The bidder shall Furnish to City n[MiomiC/O PumhusingDepartment, 444 S\Y2ndAvenue, 6/h Rnn,`
Miami, Florida 33 130, Certificatc(s) of'Insurance which indicate that insurance coverage has been obtaincd
which incets the requirements as outlined below:
(U
Worker's Compensation
A. Limiwof'Uohi|ity Statutory Suteo[Rmidn
(2) Commercial General Liability:
A, Limimv[Uohi|i/y
Bodily Injury and Property Damage Liability |ach 0uounrnoo: S1,000000
General Aggregate Limit: $2.0OO/0O
Personal and Adv. Injury, Products and Completed Operations and hoDxmuqc S{.0m0U0O.
B. [ndonomcouKnquired:
City nfMivmi indodcd as an Additional inmod, [mp|oyocy included as imuod, (`vn/nuu,|
Li;hi|i/y�
Bvsio,eAommvoi\r iixhiU/y
Page 29nOh
Request (or Pmp^s |^(KH`) 18031
x, Limiwv[i-iuhi|ity
Bodily injo,yand property dum:,cliability combined ,in&|c |imim, Any Amu` inck/dio8hinJ.
borrowed ^, owned, nrnon'npnodoowxusedill connection with tile work S1,000\000
U. Endorsements Required:
O/yo[Niami included as ,in Additional Insured
BINDERS A&KUMACC0P/AK[K.
The insurance coverage required Shall include those dmui6uutio"s.m listed ix xmouhrd |iohUify ixoumocc
manuals, which most ocxdyreflect tile vpcmtionso[Unbidder.
All insurance policies required above shall be issued kycompanies authorized mdobusiness oodo/hu
laws n[tlicState vfHmidu.with the k`Umvin&qualifications:
ThoCvoqanymumbcmtednv|esaUmn^&~pswmmxgcuent.00dno|uathou^C|ma\r'osmUnxxcio|
*mnghb'by/bo|otostudihono[Hm``nluwmnccGoidc`poNiahodhyA.M.Rcs/Cvwpony.ONnick.Ncv
]omry.o«its equivalent. All policies and/or certificates o[inwmocoare sutjoxmreview and verification
hyRisk Management prior m insurance approval.
Certificates will indicutc no modification or change in insurance sbvU be made without thirty (]O) days
written advance notice mthe certificate holder.
N(YD�: CITY 8|DNUMBER ANDX)KT|TICOfBID MUST APP}.AKUNL"ACl|C[KTU'KCK[[.
Compliance with the foregoing nquion ouu dmU no/ m|inm the hiddcro[his liability and obligation
under this section orondmonyoUm,Section o[thi,Agrevmco`.
—|[iomo,xuvc rc,h6,xun are scheduled w rsyinduI-ing thccnnonuuo| pui^d. thu Bidder Shall be
responsible 1`61. subirlitting new or renewed illsill-ance cel-lificates to (lie City at a inillillmill of' (CI) ( 10)
calendar days iuadvance n[vocbcxpimliun.
—|o the o,,n/ that expired co,`iOcxtm x,o not ,,p|vred with oow or renewed ucrti(lcxu^ v|`ich cv,c,
the contractual period, the City shall:
(4) Sunpcodtile coouno uxWooch(line m`the new v,renewed certificates arc received hy(lie City ill
,he manner prescribed in (lie Invitation To Bid.
(q ThcCity may, mits so\cdiscretion, tCrminotC this cvuonctfor cuomoodSeek n�pl-O*uruncnt
damages from tile Bidder iuooll.jo^cdoo with /hvOcnom| Terms and Conditions o[tllc Hid.
The Bidder shall horesponsible for assuring that the inxomnocertificates required ill conjunction with this
Section remain in force bxthe duration o[(hccontroc,on| pxhod� inc|udiogany and all option terms that
may be granted to the Biddei%
2.10. ADDITIONAL [NSNDANC0RBVUUlFIPNUWT8
The following inmmncurequirements must also hcprovided:
2.10.1 Professional Liability/Fri-ors and Omissions Coverage
Combined Single Limit Each Claim
General Aggregate Limit
I)edLICtlblc- not mexceed i0'4
$|.800.O0O
8|J0O.0OO
2.102 Dmp|nyu'x lJohi|i[y
1Umitso/iJuhUhy
|) S|00.000[n,bodily injury c"vsodbyall nccidun/
2) [nchaccident, S\00.0O0for bodily imurycaused kydismxccxchonp|"yco
3) 85OO.O0)for bodily in-urycaused hydisease, pnUcyUmk
The above policies Shall provide the City of' Miami with written notice ol cancellation or rilatcrial chall,,c
From the insurer not |oos than (]N days prior m xny wch mmr||otio^ ormnurio| dhxo�C,
Px&c 30oG6
Request 'or Proposals ( I IT) 803,1
2.11. C()NTRACT ADMINISTRATOR
Upon award, contractor shall report and worl«lirectly with Manny Otero, Web Administrator, Department
of Information Technology, who shall be designated as the Contract Administrator.
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer
or Proposer's firm 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 borne solely by the Successful Proposer 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 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 Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant information required of the Proposer. In addition, within five (5) working days alter the
identification of the award to the Successfill Proposer, the Successful Proposer shall provide a list
confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, ilapplicable.
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,
2.13. USE OF PREMISES
The contractor shall confine his equipment, apparatus, the storage of materials, and the operation of his
workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall
not unreasonably encumber the premises with his materials. The contractor shall take all measures
necessary to protect his own materials.
2.14. 'DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work, Should any public or private property be damaged or destroyed, the
contractor, at his expense, shall repair or make restoration as is practical and acceptable to the City and/or
owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one
month from date damage was done).
2.15. WARRANTY OF SERVICES PROVIDED
LABOR, SUPERVISION, mATERims AND EQUIPMENT
The Contractor shall furnish, at his/her own expense, all labor, supervision, equipment, materials, supplies,
and other equipment necessary for satisfactory completion of all services as specified in this It FP. To this
regard, the City reserves the right to request a list of such items for approval of use. It may require a change
of designated itein(s) that arc deemed by the City as unsafe or that. which may create an uncomfortable
environment and /or service to City employees or patrons,
2.16. COM pLETE PROJECT REQUIRED
Page 3 I of 36
Request for Proposals (II) 1803/1
These specifications describe the various items or classes of work required, enumerating or defining the
extent of same necessary, but failure to list any item or classes under scope of the several sections shall not
relieve the contractor from furnishing, installing; or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.17. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of dcPault, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cos( olprocuring similar supplies or services: provided that if, (I) it is
determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform s
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
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. 'fo the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of thc Contract for those services rendered prior to termination,
2.18. METHOD OF PAYMENT
Final acceptance and authorization for payment shall be given only after a thorough inspection indicates
that the web streaming process meets contract specifications, general and specialeonditions. Should the
delivered product differ in any respect from the specifications, payment will be withheld until such time as
the supplier takes necessary corrective action. Payment is made in arrears.
2.19. CHANGES/AIJERATIONS
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.
2.20. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
Iiie 32 of 36
Request for Proposals (RH') 18034
3. Specifications
3.1. SPECIFICATIONS PROCESS REQUIREMENTS
3.1.1 Introduction
The City of Miami invites you to submit a proposal electronically, for a hosted system solution to provide
24/7 streaming video services for our government access 'channel, indexing and archiving of meetings and
other audio and video media programs. The City of Miami is soliciting proposals that will meet the needs
of the City.
3.1.2 Scope of Work
The core elements of this proposal will nclude at a minimum the following features: Sec Section 4.1.5
for Web Streamino Re( nirements
3.1.2. I Hosted solution for 24/7 live streaming of City of Miami cahlc television programs, ineluding but
not limited to commission meetings and other public meetings.
3.1.2.2 Streaming video must be available to both external users (citizens) and internal users (staff).
External users will access streaming content via site hosted by vendor, and internal users will access
streaming content via the local area network (LAN).
3.1.2.3 Ability to index video content in real-time during live recording and broadcasts.
3.1,2.4 Ability to archive City Commission, public meetings and other programs televised by the City of
Miami's cable television channel for a minimum of one year at no additional cost.
3.1.2.5 Ability to stream live content as well as the ability to archive videos using a separate LAN
solution. Internal archiving should only he limited by the City's available storage capacity.
3.1.2.6 Provide end user keyword searching of indexed archived video from the City's library or video
archives for both internal and externally hosted video content.
3.1.2.7 The system must be able to support video streaming using Microsoft's Windows Media Player
technology.
3.1.2.8 Ability to link documents/files 10 indexcd segments of video content
3.1.3 Hardware and Network
The City standard fbr server hardware is Dell. The City runs in a Windows 2003 Active Directory
environment. The standard configuration includes rack mounted Dell servers with redundant power
supplies connected to dual power distribution units through different circuits. Smart Array SCSI
controllers, Ultra 320 SCSI disk drives, and the Dell built-in Ethernet 10/100/1000 network card. Typically,
three or more drives arc configured as RAID I or/and RAID 5 to ensure hard disk fault tolerance.
City standards for the servers specify the operating system to be Microsoft Windows 2003. For any
equipment owned by the City, the City will be responsible for procurement of the OS, installation and
loading of the OS and any adjunct software such as anti -virus, imaging, SMS and MOM agents. After
go -live the City will he responsible to provide standard server administration such as the application of OS
patches and maintaining images of servers for disaster recovery purpose. If desired, a VPN can be
established to provide vendor access to the server for application maintenance. In general each major
application has a production and testing and staging environment as well.
The City's bandwidth capacity for access to the internet consists of Metro -Ethernet connection With a
maximum bandwidth of 10Mb. The City has approximately 60 sites interconnected via Metro-E,thernet. T
of fractional T1.
Page 33 of 36
Request for Proposals (RIT) I X03/I
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposals submitted which do not include the following items inay he deemed non -responsive and may not
be considered for contract award.
The response to this solicitation should be presented in the following format. Failure to do so may deem
your Proposal non -responsive.
4.1,1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the
Contract; Primary Office Location; ',mat Business Address, i.1 applicable; 13usiness Phone and Fax
Numbers, if applicable Email addresses; Title of RFP; RIP Number; Federal Fmployer Identification
'Number or Social Security NTumber,
4,1.2. 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 t() the table am -items.
4,1.3. 1;7;xectitive Summary:
A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications
and Experience, and Ability and Capability to Perform Required Services, as contained in the submittal.
Proposer should include the name of the organization, business phone and contact person. Provide a
summary of the work to be performed by Proposer.
4.1.4. Proposer's Qualifications and Experience
a) Describe the Proposer's organizational history and structure; provide a brief history of your firm,
including years Proposer and/or firm has been in business providing a similar scrvicc(s), and indicate
whether the City and/or Trust has previously awarded any contracts to the Proposer/firm.
b) Provide a list of all principals, owners or directors.
c) Provide not less than a List of three (3) references within the past five (5) years for whom similar
services were performed. Include the overall value of the contract, thc term of the contract, and include INC
address, phone number(s) and contact persons within each organization. The City reserves the right to
contact any reference as part of the evaluation.
4.1.5. Web Streaming Requirements
Please download the attached document titled, WebStreamingRequirements and fill out all areas. When
fully completed, reattach the document and submit with proposal electronically.
The Type column identifies the requirement as M- Mandatory, P- Preferred, and 0- Optional.
Compliance needs to be completed with one (I ) of three (3) possible values;
C Feature is curi-ently provided by proposed system
A Feature will be added to the proposed system as part of this project
N Feature will not be made available in the proposed system
Vendor Comment or Description must be completed for all items flagged with a Compliance type of
"A". Provide a brief (less than 125 words) narrative of how the proposed system will address the
requirement. Vendor Comment or Description may he completed for all items flagged with a
Compliance type of "C" or "N". Provide a brief (less than 125 words) narrative if desired.
4.1.6. Fees for Services
Submit a flat fee for the Development oldie Services and the annual SCTV cc Cce fOr the Maintenance of the
Services,
4.1.7. Trade Secrets Execution to Public Records Disclosure
All PropoKils submitted to the City fl-esubject to public disclosure pursuant to Cfumter 119, State of
Page 34 of36
Request for Proposals (It 12P) 1
Florida Statutes. An exception may be made for "(rade secrets."
IT the Proposal contains information that constitutes a "trade secret", all material that qualifies for
exemption from State of Florida, Chapter I 19 must be clearly identified as -TItAlTh: SECRI1TS
Please be aware that the designation of an item as a trade secret by you 'nay be challenged in court by any
person. By your designation of material in your Proposal ati 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 City by reason of any legal action challenging your claim.
Page 35 01'36
IZequest for Proposals (REP) I 803(1
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Proposals shall be evaluated based upon the following criteria and weight:
5.2 EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The Evaluation Committee, appointed by the City Manager, shall meet to evaluate each responsive and
responsible proposal in accordance with the requirements of this REP. The Committee will evaluate the
proposals and may require public presentations by thc proposer(s).
5.3 EVALUATION CRITERIA
Responses shall be evaluated based upon the followingcriteria and weight:
(a) Evidence of the ability, understanding, cif required services, capacity & skill of firm to perform,
including timeliness, stability, experience and availability. MaXi/MI/1130 points
(a) Functionality of product to meet City's needs. Maximum 30 points
(a) Qualifications and experience of vendor and proposed project team members, level orsupport
proposed, financial stability of the vendor. Maximum 20 points
(a) Overall Project Costs, Maximum 20 points. Cost evaluation will be perlbrmed on the package cost
and annual maintenance pricing submitted by vendor. Package costs must include all mandatory
requirements as listed in Section 3 of the R.FP requirements document.
5.3.1. The Evaluation Committee will forward their recommendation that they believe to be in the best
interest of the City to the City Manager.
5,3.2. After considering and approving the recommendation of the Evaluation Committee, the City
Manager shall authorize the COMITlittec enter into negotiations with the selected supplier to establish a
contract for the required services.
5.3.3. The City Manager or designee reserves the right to enter into Contract negotiations with the first
ranked Proposer. lithe City Manager or designee and the Proposer cannot negotiate a Contract, the City
Manager or designee may terminate said negotiations and begin negotiations with another Proposer. This
process may continue until a Contract acceptable to the City has been executed, as applicable, or all
Proposals are rejected. The City Manager or designee reserves the right to negotiate with each responsive
and responsible Proposer. No Proposer shall have any rights against thc City arising from such negotiations
or termination thereof.
The Proposer shall acquire no vested rights by virtue of the Evaluation Committee's recommendation. No
rights at all shall accrue to the benefit of the Successful Proposer until the Contract, as applicable, is
executed by both parties.
5.3.4. The City Commission, if necessary, shall review and approve the negotiated contract. The City
Commission may also reject any or all responses.
5.4 Invitations for Oral Presentations
Potentially, the top three (3) respondents may bc invited to make oral presentations or their proposals to
representatives from the City of Miami evaluation committee. The City of Miami will not assume any costs
involved in this presentation.
5.5 Contract Award and Execution
The City reserves the right to make an award without further discussion of the proposal submitted.
Therefore, thc proposal should be initially submitted on the most favorable terms the vendor can offer.
The City shall not be hound or in any way obligated until both parties have executed a contract with the
vendor.
The general conditions and specifications of the 1217P and the successful proposer's response, as amended
by Contract between the City and the successful proposer, including e-mail or written correspondence
relative to the RFP, will become part of the Contract documents.
Page 36 of 36