HomeMy WebLinkAboutRFQCity of Miatni
Request for Qualifications
RFQ
Purchasing Department
Glenn Marcos, CPPO, CPPB, Director/Chief Procurement Officer
Miami Riverside Center
444 SW 2nd Avenue, 6`h Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFQ Number: 05-06-114
Title: MUNICIPAL BOND UNDERWRITING SERVICES
Commodity Code: 946-25;946-30;946-56;946-29;946-38;946-48;946-49
Type of Purchase: Term Contract for Two years with OTR for Three additional one
year periods
MJWBE Set -Aside: N/A
Sr. Buyer: Maritza Suarez, CPPB
Fax: 305-416-1925
E-Mail Address: msuarez n ei.miaml.fl.us
Issue Date: October 26, 2006
Deadline for Request for
Additional Information/Clarification: November 13, 2006
Pre -Proposal Conference/Site Visit: N/A
Bid Security: N/A
Performance Bond: N/A
Proposal Submittal Date: Monday, November 20, 2006
Time: 2:00 p.m.
Sealed written Responses must be received by the City of Miami, City Clerk's Office, City
Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, no later than the date, time
and at the location indicated above for receipt. Submittal of Response by fax is not
acceptable. One (1) original, seven (7) hard copies and one (1) copy on CD-ROM in pdf
format must be returned to the City or your response may be disqualified.
CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION.
City of Miami Page 1
RFQ No. 05-06-114
1.0 GENERAL TERMS AND
CONDITIONS
INTENT: The General Terms and
Conditions described herein apply to
the acquisition of
goods/equipment/services with an
estimated aggregate cost of $25,000.00
or more.
DEFINITION: A formal solicitation is
defined as issuance of an Invitation for
Bids, Request for 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 of
the 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
are 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 the 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 the response of any
bidder/proposer who has previously
failed to properly perform under the
terms and conditions of a contract, to
deliver on time contracts of a similar
nature, and who is not in a position to
perform the requirements defined in this
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.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY
BE CONSIDERED - The City may
consider one (1) 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
Bidder/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 RIGHTS AND RECORDS
RETENTION - The Successful
Bidder/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 are directly pertinent
to this formal solicitation, for the purpose
of audit, examination, excerpts, and
transcriptions. The Successful
Bidder/Proposer shall maintain and retain
any and all of the books, documents,
papers and records pertinent to the
Contract for three (3) years after the
City makes final payment and all other
pending matters are closed.
Contractor's failure to or refusal to
comply with this condition shall result
in the immediate cancellation of this
contract 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 bidder(s)/proposer(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
bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation,
Bidder'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 are Tie Bids will be decided
by the Director of Purchasing or
designee in the instance that Tie
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. Bidder/Proposer
shall be in default of its
City of Miami
RFQ No. 05-06-114
Page 2
contractual obligation if such
documents are 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.
D. 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/or 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. If the right is
exercised, the City shall notify the
Bidder/Proposer, in writing, of its
intent to extend the contract at the
same price, terms and conditions
for a specific number of days.
Additional extensions over the
first one hundred twenty (120) day
extension may occur, if, the City
and the Successful
Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the 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 the contract on a split -order,
lump sum or individual -item basis,
or such combination as shall best
H.
serve the interests of the City unless
otherwise specified.
A Contract/Agreement may be
awarded to the Bidder/Proposer by the
City Commission based upon the
minimum qualification requirements
reflected herein. As a result of a RFP,
RFQ, or RFLI, the City reserves the
right to execute or not execute, as
,applicable, an Agreement with the
Proposer/Bidder, whichever is
determined to be in the City's best
interests. Such agreement will be
furnished by the City, will contain
certain terms as are in the City's best
interests, and will be subject to
approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A
cashier's or certified check, or a Bid Bond
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/proposers, if so indicated under the
Special Conditions. This check or bond
guarantees that a bidder/proposer will
accept the order or contract/agreement, as
bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall
forfeit bid deposit to the City should City
award contract/agreement to
Bidder/Proposer 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 are returned to
unsuccessful bidders/proposers within ten
(10) days after the award and successful
bidder's/proposer's acceptance of award. If
sixty (60) days have passed after the date
of the 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 Bid
Bond Voucher Program by contacting
the Minority/Women Business Affairs
office.
1.12. RESPONSE FORM (HARDCOPY
FORMAT) - All forms should be
completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED
LIQUIDATED DAMAGES - Failure to
execute an Agreement and/or file an
acceptable Performance Bond, when
required, as provided herein, shall be just
cause for the annulment of the award and
the forfeiture of the Bid 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, Bidders/Proposers
will submit, with their response,
complete sets 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. The City shall be the
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 are 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 bid
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
City of Miami Page 3
RFQ No. 05-06-114
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, firm 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 WITH
FEDERAL, STATE AND LOCAL
LAWS - Contractor understands that
contracts between private entities and
local governments are 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 the 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
following: employment practices,
rate of pay or other compensation
methods, and training selection.
B. Occupational, Safety and Health Act
(OSHA), as applicable to this Formal
Solicitation.
C. The State of Florida Statutes, Section
287.133(3)(A) on Public Entity
Crimes.
D. Minority/Women Business Affairs
Enterprise (M/WBE) 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.
H. National Institute of Occupational
Safety Hazards (NIOSH), as
applicable to this Formal Solicitation.
I. National Forest Products Association
(NFPA), as applicable to this Formal
Solicitation.
J. City Procurement Ordinance City
Code Section 18, Article III.
K. Conflict of Interest, City Code
Section 2-611;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 Hiring Agreement, City
Ordinance No. 10032, as applicable to
this Formal Solicitation. Implemented
to foster the creation of new and
permanent job§ 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 IFB after advertisement and
terminates at the time the City
Manager issues a written
recommendation to the Miami City
Commission. The Cone of Silence
shall be applicable only to Contracts
for the provision of Goods and
services and public works or
improvements for amounts greater
than $200,000. The Cone of Silence
prohibits any communication
regarding RFPs, RFQs, RFLI or IFBs
(bids) between, among others:
Potential vendors, service providers,
bidders, lobbyists or consultants and
the City's professional staff including,
but not limited to, the City Manager
and the City Manager's staff; the
Mayor, City Commissioners, or their
respective staffs 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 the 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 IFB (bid) documents
(See Section 2.2. of the Special
Conditions); or
City of Miami
RFQ No. 05-06-114
Page 4
communications in connection with the
collection of industry comments or the
performance of market research
regarding a particular RFP, RFQ, RFLI
OR IFB by City Purchasing staff.
Proposers or bidders must file a copy
of any written communications with the
Office of the City Clerk, which shall be
made available to any person upon
request. The City shall respond in
writing and file a copy with the Office
of the City Clerk, which shall be made
available to any person upon request.
Written communications may be in the
form of e-mail, with a copy to the
Office of the City Clerk at
Marciar` )ei.miami. t1.us.
In addition to any other penalties
provided by law, violation of the Cone
of Silence by any proposer or bidder
shall render any award voidable. A
violation by a particular Bidder,
Proposer, Offeror, Respondent,
lobbyist or consultant shall subject
same to potential penalties pursuant to
the City Code. Any person having
personal knowledge of a violation of
these provisions shall report such
violation to the State Attorney and/or
may file a complaint with the Ethics
Commission. Proposers or bidders
should reference Section 18-74 of the
City of Miami Code for further
clarification.
This language is only a summary of the
key provisions of the Cone of Silence.
Please review City of Miami Code
Section 18-74 for a complete and
thorough description of the Cone of
Silence. You may contact the City
Clerk at 305-250-5360, to obtain a
copy of same.
1.21. CONFIDENTIALITY - As a
political subdivision, the 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 INTEREST —
Bidders/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 the part
of the Bidder/Proposer or its employees
must be disclosed in writing to the City.
Further, you must disclose the 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. COPYRIGHT OR PATENT
RIGHTS — Bidders/Proposers warrant that
there has been no violation of copyright or
patent rights in manufacturing, 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
BIDDER/PROPOSER - All expenses
involved with the preparation and
submission of Responses to the City, or
any work performed in connection
therewith shall be borne by the
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 be
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 Bids 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 perform 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.
(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.
City of Miami
RFQ No. 05-06-114
Page 5
(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 construction 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 terms of
this agreement, the City will notify the
Bidder/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.
B.
C.
D.
E.
F.
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.
Failure to begin the work under this
Contract within the time specified.
Failure to perform the work with
sufficient workers and equipment or
with sufficient materials to ensure
timely completion.
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.
Becoming 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.
Failure to comply with any of the
terms 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 due on this Contract.
1.28. DETERMINATION OF
RESPONSIVENESS - Each Response
will be 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
TERM 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 successful
Bidder(s)/Proposer(s) during the term
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 be 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
the governing documents.
I) 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 BID 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 the entire understanding and
agreement between the parties with
respect to the subject matter hereof and
supersedes all other negotiations,
understanding and representations, if
any, made by and between the parties.
City of Miami Page 6
RFQ No. 05-06-114
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 the
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 are provided for your guidance
only. No guarantee is expressed or
implied as to quantities that will be
purchased during the contract period.
The 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 the 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. EVALUATION 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 ;
Response does not conform to the
requirements of the Formal
Solicitation;
(4) Response requires a conditional
award that conflicts with the
method of award;
Response does not include
required samples, certificates,
licenses as required; and,
(6) Response was not executed by the
Bidder' s/Proposer(s) authorized
agent.
(3)
(5)
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.
B. 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 be 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.
(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
(I)
(2)
(4)
Responses will only be considered
from entities who are regularly
engaged in the business of providing
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 be 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.
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.
The City may require the
Bidder(s)/Proposer(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
CONDITIONS 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 (IFB) to be considered
non -responsive. It also may be cause
for a RFP, RFQ, or RFLI to be
considered non -responsive; and, if
exceptions are taken to the terms and
conditions of the resulting agreement
it may lead to terminating
negotiations.
1.36. F.O.B. 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 specified in this Formal
Solicitation. Failure to do so may be
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 firm throughout the
duration of the contract unless
otherwise specified in the Formal
Solicitation. Such prices will remain
firm for the 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
City of Miami Page 7
RFQ No. 05-06-114
unless such an agreement is found
infeasible by the city manager and
such finding approved by the city
commission at a public hearing.
(b) For the purpose of this section, the
following terms, phrases, words
and their derivations shall have
the following meanings:
Authorized representative means
the Private Industry Council of
South Florida/South Florida
Employment and Training
Consortium, or its successor as
local recipient of federal and state
training and employment funds.
Facilities means all publicly
financed projects, including but
without limitation, unified
development projects, municipal
public works, and municipal
improvements to the extent they
are financed through public
money services or the use of
publicly owned property.
Grants and loans means, without
limitation, urban development
action grants (UDAG), economic
development agency construction
loans, loans from Miami Capital
Development, Incorporated, and
all federal and state grants
administered by the city.
Service contracts means contracts
for the procurement of services by
the city which include
professional services.
Services includes,
limitation, public
improvements,
professional
commodities, supplies,
and equipment.
without
works
facilities,
services,
materials
(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 the minimum wage
for all hours worked in Florida.
City of Miami
RFQ No. 05-06-114
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 the United States
Department of Labor. Each adjusted
minimum wage rate calculated shall be
determined and published by the Agency
Workforce Innovation on September 306
of each year and take effect on the
following January 1$`.
At the time of responding, it is
bidder/proposer and his/her
subcontractor(s), if applicable, full
responsibility to determine whether any of
its employees may be impacted by this
Florida Law 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 rate(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 the term of
contract and waiver of any contractual
price increase request(s). The City reserves
the right to request and successful
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
ORDINANACE- 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 $11.83 an hour without
Page 8
health benefits, which shall be
adjusted annually by no later than
April l following the publication of
the U.S Department of Health and
Human 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 the 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) 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 the
living wage.
(3)
(4)
(5)
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 furnish a copy of the
requirements of the City of Miami
Living 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 fron of the covered
employee's first paycheck and every six
months thereafter. "You are 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:
The name and address of
each 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.
City of Miami
RFQ No. 05-06-114
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 AND 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 AND 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 terms
and provisions hereof.
1.43. HEALTH INSURANCE
PORTABILITY AND
ACCOUNTABILITY ACT (HIPPA) -
Any person or entity that performs or
assists the City of Miami with a function or
activity involving the use or disclosure of
"individually identifiable health
information (IIHI) and/or Protected Health
Information (PHI) shall comply with the
Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and
the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and
electronic transfer standards, which include
but are not limited to:
1. Use of information only for performing
services required by the contract or as
required by law;
2. Use of appropriate safeguards to prevent
non -permitted disclosures;
3. Reporting to the City of Miami of any
non -permitted use or disclosure;
4. Assurances that any agents and
subcontractors agree to the same
restrictions and conditions that apply to
the Bidder/Proposer and reasonable
assurances that IIHIIPHI will be held
confidential;
5. Making Protected Health Information
(PHI) available to the customer;
6. Making PHI available to the customer
for review and amendment; and
Page 9
incorporating any amendments
requested by the customer;
7. Making PHI available to the City of
Miami for an accounting of
disclosures; and
8. Making internal practices, books
and records related to PHI available
to the City of Miami for compliance
audits.
PHI shall maintain its protected status
regardless of the form and method of
transmission (paper records, and/or
electronic transfer of data). The
Bidder/ Proposer must give its
customers written notice of its privacy
information practices including
specifically, a description of the types
of uses and disclosures that would be
made with protected health
information.
1.44. IDEMNIFICATION - 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, loss
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 —
Bidders/Proposer must furnish all
information requested in the spaces
provided in the 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 bid closing, whichever is
earlier. Bid/Proposal results will be
tabulated and may be furnished upon
request via fax or e-mail to the Sr.
Procurement Specialist issuing the
Solicitation. Tabulations also are
available on the City's Web Site
following recommendation for award.
1.48. INSURANCE - 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 the
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
the 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 be prohibited
from submitting future responses to the
City. Information regarding any
City of Miami
RFQ No. 05-06-114
insurance requirements shall be directed to
the Risk Administrator, Department of
Risk Management, at 444 SW 2"d Avenue,
96 Floor, Miami, Florida 33130, 305-416-
1604.
The Bidder/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 the City
Commission may offer to a responsible and
responsive bidder/proposer, who maintains
a Local Office, the opportunity of
accepting a bid at the low bid amount, if
the original bid amount submitted by the
local vendor is not more than ten percent
(10%) in excess of the lowest other
responsible and responsive
bidder/proposer.
1.51. MANUFACTURER'S
CERTIFICATION - The 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 of the City of
Miami, Florida, sets forth "...a goal of
awarding at least 51 percent of the City's
total annual dollar volume of all
expenditures for all goods and services to
Black, Hispanic and Women minority
business enterprises on an equal basis." A
minority business enterprise is defined as a
business firm "...in which at least 51
percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose
management and daily business operations
are controlled by one or more Blacks,
Hispanics or Women."
Page 10
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 be
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:
1. Joint venture with a minority
firm(s)
2. Utilizing minority firm(s) as
subcontractor(s).
3. Utilizing minority firm(s) to
supply goods and/or services.
4. Successful implementation of
well defined affirmative action
program.
5. Other forms of minority
participation, if properly
documented.
Successful bidder(s)/proposer(s)
shall be required to establish an
Affirmative Action Plan, if not, an
Affirmative Action Policy shall be
established, pursuant to Ordinance
410062 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 the City
prior to submitting a response. The
Purchasing Department,
Minority/Women Business Affairs
Office, will provide the necessary
forms and instructions 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'slProposer'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
ORDERS AND CONTRACTS
No contract or understanding to modify
this Formal Solicitation and resultant
purchase orders or contracts, if
applicable, shall be binding upon the
City unless made in writing by the
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 the "Statement of No Bid" form,
stating the reason. Failure to submit a
response after three (3) times without a
sufficient justification of "No Bid" will
be cause for removal from the
Vendor/Bidder's list.
Vendors are encouraged to register on-
line by visiting the City's website at
http://www.ci.miami. fl. us/procurement
1.55. NO PARTNERSHIP OR
JOINT VENTURE - Nothing
contained in this Contract will be
deemed or construed to create a
partnership or joint venture between
the City of Miami and Contractor, or to
create any other similar relationship
between the parties.
1.56. NONCONFORMANCE TO
CONTRACT CONDITIONS - Items
may be tested for compliance with
specifications under the direction of the
Florida Department of Agriculture and
Consumer Services or 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 119, Florida
Statutes. Items delivered not
conforming to specifications may be
rejected and returned at
Bidder'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
City of Miami
RFQ No. 05-06-114
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 otherwise qualified individual shall
solely by reason of his/her race, sex, color,
age, religion, national origin, marital status
or disability be excluded from the
participation in, be denied benefits of, or
be subjected to, discrimination under any
program or activity.
In connection with the conduct of its
business, including performance of
services and employment of personnel,
Bidder/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,
Page 11
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 the 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
(1) 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 Be
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
Bidder/Proposer pursuant to this
formal solicitation shall at all times
remain the 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 be 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 (10.0%) of the contract price.
1.64. PREPARATION OF
RESPONSES (HARDCOPY
FORMAT) — Bidders/Proposers are
expected to 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 Bidder/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 be shown,
and such price shall include
packaging, handling and shipping,
and F.O.B. Miami delivery inside
City premises unless otherwise
specified. Bidder/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 Bidder/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 be signed
in ink with the firm's name and by
an officer or employee having
authority to bind the company or
firm by his/her signature.
Bids/Proposals having any
erasures or corrections must be
City of Miami
RFQ No. 05-06-114
F.
G.
initialed in ink by person signing the
response or the response may be
rejected.
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,
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, THE ORIGINAL AND
THREE (3) COPIES OF THESE
SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND
ANY REQUIRED
ATTACHMENTS MUST BE
RETURNED TO THE 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 the part of the contractor to
other customers shall be 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
UNETHICAL BUSINESS PRACTICE
PROHIBITIONS - 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, the
award of this Contract.
1.68. PROMPT PAYMENT —
Bidders/Proposers may offer a cash
discount for prompt payment; however,
Page 12
discounts shall not be considered in
determining the lowest net cost for
response evaluation purposes.
Bidders/Proposers are required to
provide their prompt payment terms in
the space provided on the Formal
Solicitation. If no prompt payment
discount is being offered, the
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 the 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 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 date 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 fumished 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 of
the 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 of the 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 the 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, of the 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 TO 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 $25,000,
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.
(b) Contract dispute decisions. If a dispute
is not resolved by mutual consent, the 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 be
immediately provided to the protesting
party, along with a notice of such parry's
right to seek judicial relief, provided that
the protesting party shall not be entitled to
such judicial relief without first having
followed the procedure set forth in this
section.
1.77. RESOLUTION OF PROTESTED
SOLICITATIONS AND AWARDS (Sec.
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.
I. 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 be fled
with the Chief Procurement Officer
within three days after the Request 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 written 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 the 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 receipt 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 Bidder whose Bid 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. The 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
City of Miami
RFQ No. 05-06-114
Page 13
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 riot contained in the
protester's submission to the Chief
Procurement Officer at the time of
filing the protest shall be permitted in
the consideration of the 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 run
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 be 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
protest. In cases involving more than
$25,000, the decision of the Chief
Procurement Officer shall be submitted
for approval or disapproval thereof to
the City Commission after a favorable
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 file 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 the 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.
(f) 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 filing 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 be 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, bidder(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
the samples becoming the property of the
City.
1.79. SELLING, TRANSFERRING
OR ASSIGNING
RESPONSIBILITIES - 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
the 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 must be received at the
designated location and at, or before,
the specified opening/closing date and
time as designated in the IFB, RFP,
City of Miami
RFQ No. 05-06-114
Page 14
RFQ, or RFLI. NO EXCEPTIONS.
Bidders/Proposers are welcome to
attend the solcitation opening/closing;
however, no award will be made at that
time. Tabulation will be posted on-line
at www.ci.miami.fl.us/procurement. F.
A. Responses shall be enclosed in a G.
sealed envelope, box or package.
The face of the envelope, box or
package must show the hour and
date specified for receipt of
responses, the solicitation number H.
and title, and the name and return
address of the Bidder/Proposer.
Responses not submitted on the
requisite Response Forms may be
rejected.
B. Responses must be submitted to
the office and address listed on the
front page of this Solicitation by
the time specified to be considered
for award. Responses received at
any other location than the I.
specified shall be deemed non-
responsive.
Directions:
FROM THE NORTH: I-95 SOUTH
UNTIL IT TURNS INTO US1. USl
SOUTH TO 27TH AVE., TURN
LEFT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC
LIGHT), 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: USl NORTH
TO 27TH AVENUE, TURN RIGHT,
PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC
LIGHT), TURN LEFT, 1 BLOCK
TURN RIGHT ON PAN AMERICAN
DR. CITY HALL IS AT THE END
OF PAN AMERICAN DR. PARKING
IS ON RIGHT.
C. Telegraphic responses or facsimile
will not be considered.
D. Failure to follow these procedures
is cause for rejection of
bid/proposal.
E. The responsibility for obtaining
and submitting this solicitation to
the City Clerk's Office on or
before the time and date is solely
and strictly the responsibility of
Bidder/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 by the City Clerk after the
solicitation opening/closing date and
time will be returned unopened, and
will not be considered for award.
Late responses will be rejected.
All responses are subject to the
conditions specified herein. Those
which do not comply with these
conditions are subject to rejection.
Modification of responses already
submitted will be considered only if
received at the City Clerk's Office
before the time and date set for
opening/closing of solicitation
responses. All modifications must be
submitted in writing. Once a
solicitation opened/closed deadline
(date and/or time) expires, the City
will not consider any subsequent
submission which alters the responses.
If 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 1.81.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 Bidder/Proposer for
the completion of the contract is subject to
the Florida State Sales Tax in accordance
with Section 212.08, Florida Statutes, as
amended and all amendments thereto and
shall be paid solely by the
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.
C.
The City has determined that such
termination will be in the best interest
of the City to terminate the contract
for its own convenience;
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 the goods and/or services
awarded to a Bidder/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/services
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 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. TITLE - Title 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 first.
1.88.TRADE SECRETS
EXECUTION TO PUBLIC
RECORDS DISCLOSURE- All
Responses submitted to the City are
subject to public disclosure pursuant
to Chapter 119, Florida Statutes. An
exception may be made for "trade
secrets."
If the Response contains information
that constitutes a "trade secret", all
material that qualifies for exemption
from Chapter 119 must be submitted
in a separate envelope, clearly
identified as "TRADE SECRETS
EXCEPTION," with your firm's name
and the Solicitation number and title
marked on the outside.
Please be aware that the designation
of an item as a trade secret by you
may be challenged in court by any
City of Miami Page 15
RFQ No. 05-06-114
person. By 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 fees 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. The
qualified Bidder(s)/Proposer(s) shall not be
paid for any work performed or goods
delivered outside the scope of the 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.
City of Miami
RFQ No. 05-06-114
Page 16
2.0 SPECIAL CONDITIONS
2.1. PURPOSE
The City, a municipal corporation of the State of Florida, is seeking the services of a qualified
Proposer ("Proposer"), which may be an individual, firm, corporation, joint venture, partnership or
other legal entity, for the provision of municipal bond underwriting services to the City, on behalf of
the Department of Finance.
2.2 BID CONTRACTS OR AGREEMENTS
In a solicitation process involving issuance of an Invitation For Bids (IFB) and award to the
successful bidder by the proper authority, the IFB documents becomes the actual contract and
referred to as the "Bid Contract or Contract". In a solicitation process involving issuance of a
Request for Proposals (RFP), Request for Qualifications (RFQ), or Request for Letters of Interest
(RFLI) solicitation process, proceeded by successful negotiations of the terms, conditions, and
scope of work/services or specifications with the highest ranked firm based on "best value" of the
proposal; and, the proper authority providing for the "negotiation and execution" of the
aforementioned, results in a "Agreement or Professional Services Agreement", whereby the RFP,
RFQ, or RFLI becomes an integral part of said document. When the word "contract or
agreement" is used throughout this formal solicitation, it shall be applied according to the type of
formal solicitation described and referred to herein (IFB, RFP, RFQ, or RFLI).
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/
CLARIFICATION
Any request for additional information or clarification must be received by no later than the date
specified on the cover sheet of this solicitation. Bidder/proposers may fax, or email their requests
to the attention of Maritza Suarez, Procurement Supervisor at the City of Miami, Purchasing
Department by facsimile number: 305-400-5025 or e-mail: msuarez@ci.miami.fl.us. All responses
to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.4. TERM OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein may be required to execute a
contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for a period of two (2) years with an option to renew for
three (3) additional one (1) year periods, subject to the availability of funds for succeeding
fiscal years.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the
bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the
best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract/agreement is subject to the following:
a) Continued satisfactory performance compliance with the specifications, terms and conditions
established herein.
b) Availability of funds
In the event the Contractor is unable to extend the contract/agreement for any subsequent period
under the above conditions, or for whatever cause, advance written notice and explanation must
be submitted to the Chief Procurement Officer, no later than ninety (90) days prior to the annual
expiration date. Such notification is subject to the acceptance of the City, or the Contractor may
be found to be in default.
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable in any fiscal period for payments due under this contract/agreement, then the City,
City of Miami Page 17
RFQ No. 05-06.114
upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified
right to terminate the contract/agreement without any penalty or expense to the City.
2.7. AGREEMENT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this
Solicitation, shall be awarded an opportunity to negotiate an agreement ("Agreement") with the
City. The City reserves the right to execute or not execute, as applicable, an Agreement with the
selected Proposer(s) that is determined to be in the City's best interest. Such Agreement will be
furnished by the City, will contain certain terms in the City's best interests, and will be subject to
approval as to legal form by the City Attorney.
2.8. UNAUTHORIZED WORK
The Successful Proposer shall not begin work until an Agreement has been fully executed and
issuance of a purchase order.
2.9. PROPOSER'S MINIMUM QUALIFICATIONS
The following represent the minimum qualification requirements for a Proposer to be deemed
responsive by the City, and Proposers shall satisfy each of the following minimum requirements
cited below. Failure to meet each of the following qualification requirements, and/or failure to
provide sufficient detail and/or documentation in its Proposal to determine responsiveness by the
City, will result in the Proposal being deemed non -responsive.
Proposer shall demonstrate and must include supporting documentation evidencing in the
proposal that they possess the following items listed in section a thru c. Furthermore, an
affirmative statement confirming compliance with these qualifications must be included in the
Proposal.
a. Proposer must have national recognition as an underwriting firm as exemplified by
continuously maintaining a Red Book listing within the area of Dealers & Underwriters for at
least two (2) years;
b. Proposers must be current and in compliance with all filing requirements of Rule G-37.
Proposers represent by virtue of their response to this RFQ that their respective officers,
directors, employees or agents have not made any contributions or undertaken any actions in
violation of Rule G-37 which may serve to disqualify the Proposer from acting as underwriter
to the City.
c. Proposers must carry any and all necessary licenses and authorizations to act as an
underwriter of municipal debt in the State of Florida. If selected, Firms shall maintain such
licenses and authorizations as required to complete the Engagement. It is the underwriter's
responsibility to notify the City immediately in the event that it is no longer licensed or
authorized to act as an underwriter of municipal debt within the State of Florida.
Additionally, Proposer shall:
d. Be properly licensed, as applicable, to conduct business in the State of Florida; and have a
minimum of five years' experience in bond underwriting services.
e. Have sufficient financial support, personnel, and organization to ensure that it can
satisfactorily execute the services if awarded a Contract/Agreement under the terms and
conditions herein stated.
f. Have no record of judgments, bankruptcies, pending lawsuits against the City or criminal
activities involving moral turpitude and not have any conflicts of interest that have not been
waived by the City Commission.
g. Neither Proposer nor any principal, officer, or stockholder of Proposer (s) shall be in arrears
or in default of any debt or contract involving the City, (as a party to a contract, or otherwise);
nor have failed to perform faithfully on any previous contract with the City.
City of Miami Page 18
RFQ No. 05-06-114
2.10. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline;
however, no oral modifications will be allowed.
2.11 INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder/Proposer shall pay on behalf of, indemnify and save City and its officials harmless, from
and against any and all claims, liabilities, losses, and causes of action, which may arise out of
bidder's/proposer's performance under the provisions of the contract, including all acts or
omissions to act on the part of bidder/proposer, including any person performing under this
Contract/Agreement for or on bidder's/proposer's behalf, provided that any such claims, liabilities,
losses and causes of such -action are not attributable to the negligence or misconduct of the City
and, from and against any orders, judgments or decrees which may be entered and which may
result from this Contract/Agreement, unless attributable to the negligence or misconduct of the
City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the
defense of any such claim, or the investigation thereof.
The bidder/proposer shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd
Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
Contractual Liability
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
A. Limits of Liability
IV. Employer's Liability
A. Limits of Liability
Statutory -State of Florida
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
City of Miami Page 19
RFQ No. 05-06-114
V. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $2,000,000
General Aggregate Limit $2,000,000
Deductible- not to exceed 10%
The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the bidder/proposer.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "A" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are
subject to review and verification by Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days written advance notice to the certificate holder.
NOTE: CITY SOLICITATION NUMBER AND/OR TITLE OF SOLICITATION MUST APPEAR ON
EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder/proposer of his liability
and obligation under this section or under any other section of this Contract/Agreement.
--If insurance certificates are scheduled to expire during the contractual/agreement period, the
Bidder/Proposer shall be responsible for submitting new or renewed insurance certificates to the
City at a minimum of ten (10) calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which
cover the contractual period, the City shall:
a. Suspend the contract/agreement until such time as the new or renewed certificates are
received by the City in the manner prescribed in the Solicitation.
b. The City may, at its sole discretion, terminate this contract/agreement for cause and seek re -
procurement damages from the Bidder/Proposer in conjunction with the General and Special
Terms and Conditions of the Solicitation.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in force for the duration of the contractual/agreement period;
including any and all option terms that may be granted to the Bidder/Proposer.
2.12. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Mr. Pete S. Chircut, Treasurer, who
shall be designated as the Contract Administrator.
2.13. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Response, the Bidder/Proposer is required to identify any and all Subcontractors that
will be used in the performance of the proposed contract/agreement, their capabilities,
experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be
done by the Subcontractor. Failure to identify any and all subcontractors in the Solicitation shall
render the Response non -responsive; unless, the low bidder submits this documentation to the
City within five (5) working days after the solicitation opening/closing date.
The Contractor shall not, at any time during the tenure of the contract/agreement, subcontract any
part of his operations or assign any portion or part of the contract/agreement, to Subcontractor(s)
City of Miami Page 20
RFQ No. 05-06-114
not originally mentioned in their Response, except under and by virtue of permission granted by
the City through the proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual
relationship between any subcontractor and the City.
The proposer shall be fully responsible to the City for the acts and omissions of the subcontractor
and their employees, as for acts and omissions of persons employed by proposer.
2.14 TERMINATION
A. FOR DEFAULT
If Successful Proposer(s) defaults in its performance under this Contract/Agreement and does not
cure the default within 30 days after written notice of default, the City Manager may terminate this
Contract/Agreement, in whole or in part, upon written notice without penalty to the City of Miami.
In such event the Successful Proposer(s) shall be liable for damages including the excess cost of
procuring similar supplies or services: provided that if, (a) it is determined for any reason that the
Successful Proposer(s) was not in default or (2) the Successful Proposer(s)'s failure to perform is
without his or his subcontractor's/subconsultant'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/Agreement, 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/Agreement is for
supplies, products, equipment, or software, and so terminated for the convenience by the City of
Miami the Successful Proposer(s) will be compensated in accordance with an agreed upon
adjustment of cost. To the extent that this Contract/Agreement is for services and so terminated,
the City of Miami shall be liable only for payment in accordance with the payment provisions of the
Contract/Agreement for those services rendered prior to termination.
2.15. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant
contract/agreement upon successful negotiation and mutual consent of the contracting parties.
2.16. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
(4) Purchasing staff will review each submission for compliance with the submission
requirements of the Solicitation, including verifying that each submission includes all
documents required.
(5)
An Evaluation Committee, appointed by the City Manager, comprised of appropriate City
Staff and members of the community, as deemed necessary, with the appropriate technical
expertise and/or knowledge, shall meet to evaluate each response in accordance with the
requirements of this Solicitation and based upon the the evaluation criteria as specified
herein.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to
make oral presentations before the Committee as part of the evaluation process. The
presentation may be scheduled at the convenience of the Evaluation Committee and shall
be recorded.
(7)
The Evaluation Committee reserves the right to rank the Proposals and shall submit its
recommendation to the City Manager for acceptance. If the City Manager accepts the
City of Miami Page 21
RFQ No. 05-06-114
Committee's recommendation, a Notice of the City Manager's recommendation for award of
an agreement will be sent to all proposers by the Chief Procurement Officer notifying
proposers of the City Manager's recommendation to the City Commission. The City
Manager shall make his recommendation to the City Commission requesting the
authorization to negotiate and/or execute an agreement with the recommended
Proposer(s). No Proposer(s) shall have any rights against the City arising from such
negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation, and
instruct the Committee to re-evaluate and make another recommendation, reject all
proposals, or recommend that the City Commission reject all proposals.
(9) The City Commission shall consider the City Manager's and Evaluation Committees'
recommendation(s) and, if appropriate and required, approve the City Manager's
recommendation(s). The City Commission may also reject any or all response.
(10) If the City Commission approves the recommendations, the City will enter into negotiations
with the selected Proposer(s) for an agreement for the required services. Such negotiations
may result in agreements, as deemed appropriate by the City Manager.
(11) The City Commission shall review and approve the negotiated Agreement with the selected
Proposer(s).
City of Miami Page 22
RFQ No. 05-06-114
3.0 SPECIFICATIONS / SCOPE OF WORK
3.1 BACKGROUND INFORMATION
The City of Miami is seeking qualified investment banking firms (the "Proposer" or "Firm") to serve
as bond underwriters to the City in connection with the advancement of the City's Capital
Improvement Program (the "Engagement"). The City intends to compose a team of underwriters
(the "Underwriting Team") to serve for five years. The financing team for any transaction will
consist of City staff, bond counsel, financial advisor and the Underwriting Team. The City shall
not guarantee the amount of bond transactions, if any, issued during the five (5) year period. The
City reserves the right, in its sole and absolute discretion, to dismiss from the underwriting team
any member for any reason at any time. Submission of a response to this RFQ shall constitute
the agreement of the Proposer to these terms, if selected as a Successful Proposer.
The Underwriting Team will consist of the following Positions and bond allocations:
A. Two (2) Firms to serve as Senior Managers. On any given bond transaction, the City will
designate one firm as Senior Manager and the other as Co -Senior Manager as deemed
appropriate by the City. Target bond allocation for the Senior Manager will be 45% of the
issue size and for Co -Senior Manager, 25% of the issue size.
Firms interested in a Senior Manager Position shall demonstrate national underwriting
experience, strong bond distribution capabilities, and an expertise in municipal tax-exempt
financings.
B. Three (3) Firms to serve as Co -Managers. On any given bond transaction, the City will assign
all three firms as Co -Managers at a target bond allocation of 10% each of the issue size.
Firms interested in a Co -Manager position shall demonstrate at least regional underwriting
experience and strong bond distribution capabilities.
Firms submitting a Proposal for consideration must clearly indicate in the Proposal if they are
seeking consideration as: (1) Senior Manager, and/or (2) Co -Manager, and shall follow the
requirements in the RFQ for addressing the qualifications for both.
Firms submitting for both (Senior Manager and Co -Manager) shall be first considered and ranked
for Senior Manager. The City of Miami will be selecting the first two highest ranked firms under
the category of Senior Manager as its Senior Manager and Co -Senior Manager. Both Senior
Manager and Co -Senior Manager will be used based on a rotational method. However, in a
situation where a conflict of interest exists, the rotational method will be vacated, and the other
firm will be selected to provide said services.
A firm electing to submit for both categories, Senior Manager and Co -Manager, and failing to be
selected as one of the firms to be the City's Senior Manager or Co -Senior Manager, will then be
considered for the category of Co -Manager. The City of Miami will then select the three (3)
highest ranked firms to serve as Co -Managers. Each of those firms will be allocated a target
bond of 10%.
The City will negotiate suitable compensation for any given bond transaction with the selected
Senior Manager before the transaction is priced. The remaining members of the Underwriting
Team agree to accept the compensation negotiated between the Senior Manager and the City.
3.2. SCOPE OF WORK
A. SENIOR MANAGER
The services to be provided by a Senior Manager assigned to a particular transaction
shall include, but not be limited to, the following:
1. Develop the structure and overall marketing strategy on a bond transaction to which it
has been assigned and to work with the Finance Director, the City Attorney's office,
bond counsel, financial advisor, rating agencies, trustees and other professionals
involved in the transactions.
City of Miami Page 23
RFQ No. 05-06-114
2. Manage the underwriting team assigned by the City to work with the Senior Manager
(as book running manager).
3. Assist the City, its financial advisor and bond counsel in drafting the preliminary
official statement, the final official statement and any other documents required to
authorize, market and sell the Bonds. The City will provide to the Senior Manager its
customary financial information and will make every effort to provide the Senior
Manager with all necessary additional' information for the specific financing/bond
issuance. It shall be the duty of the Senior Manager to thoroughly review and
determine the'completeness and accuracy of any material representations set forth in
the preliminary and final official statements. The Senior Manger will be responsible to
the City in all aspects for the accuracy and completeness of information provided by
such Senior Manager with respect to such disclosure documents.
4. Sell Bonds.
5. Provide analyses of market conditions and advise the City and its financial advisor
with regard to market timing and development of a marketing plan for the Bonds.
6. Assist the City in developing and presenting information to the rating agencies, bond
insurers and investment community.
B. CO -SENIOR MANAGERS AND CO -MANAGERS
The services to be provided by the underwriting firms assigned to a negotiated bond
transaction when serving as Co -Senior Manager and Co -Manager on a transaction shall
include, but not be limited to, the following:
1. Assist the Senior Manager in providing the primary and secondary market support for
the City's financing endeavors.
2. Assist the Senior Manager in providing the analyses of market conditions and advise
the City and its financial advisors with regard to market timing and development of a
marketing plan for the Bonds.
3. Sell Bonds.
City of Miami Page 24
RFQ No. 05-06-114
4.0. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instructions outlined below, observing format
requirements where indicated. Proposals should contain the information itemized below and in the
order indicated. This information should be provided for the Proposer and any sub -consultants to
be utilized for the work contemplated by this Solicitation. Proposals submitted which do not
include the following items may be deemed non -responsive and may not be considered for
contract award.
The response to this solicitation shall be presented in the following format. Failure to do
so may deem your Proposal non -responsive.
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFQ; Firm's
Liaison for the Contract; Primary Office Location; Local Business Address, if applicable;
Business Phone and Fax Numbers; Title of RFQ; RFQ Number; Federal Employer
Identification Number or Social Security Number.
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 to the table of contents.
3. Executive Summary
A signed and dated summary of not more than three (3) pages containing the Proposer's
Overall Expertise, Qualifications and Experience, including the positions the Firm is
seeking and requesting to be evaluated for: (1) Senior/Co-Senior Manager and/or (2) Co -
Manager Categories. Include the name of the organization, business phone, contact
person, and phone/fax/email address. Describe its overall organization, history and
background, tax status, principals, owners, board of directors and/or board of trustees,
number of professionals employed, and the date Proposer was incorporated/organized;
State(s) incorporated/organized in.
4. Contact Information
Firm name, office locations, and address of office(s) where Services shall be performed.
Name, title, office location, e-mail address, phone number and fax number of the
individual(s) who shall serve as the primary account representatives (Limit to one page).
5. Firm's Overall Qualifications and Experience
a) Firm shall satisfy each of the minimum requirements listed under Section 2.9,
Proposer's Minimum Qualifications, of the RFQ. Firm must also submit an affirmative
declaration of compliance to the Minimum Requirements and Pre -Requisites as
stated in Section 2.9.
b) Firm shall submit evidence that the Firm is qualified to do business in the State of
Florida, including (if a corporation) a current Certificate of Good Standing from the
State of Florida Secretary of State's office. All documentation provided shall be
current and included in an appendix to the submission.
c) Disclose any potential conflicts the Firm may have in acting as a member of the
Underwriting Team for the City (no page limit). Certify the Firm's Excess Net Capital
position as of September 30, 2006.
6. Firm's Ability to Underwrite Bonds
a) Describe the Firm's bond sales abilities with emphasis on the Firm's institutional
and/or retail distribution capabilities and ability to place Florida paper. Include in a
tabular format the following (limit to three pages):
1) Number of sales personnel in Florida
2) Number of offices in Florida
City of Miami Page 25
RFQ No. 05-06-114
3) Number of offices nationally
a) For each of calendar years 2003, 2004 and 2005 and in tabular format, set forth the
total number of municipal bond transactions the Firm has served as Senior Manager
and the total par amount involved (limit to one page)
b) For each of calendar years 2003, 2004 and 2005 and in tabular format, set forth the
total number of municipal bond transactions the Firm has served as Co -Manager and
the total par amount involved (limit to one page).
7. Qualification and Experience of Personnel
a) Resumes of each public finance professional that will be assigned to the
Engagement. Describe the role of each in, and level of commitment to, the
Engagement as well as their experience with municipal clients(limit to one page per
professional).
b) For the Firm and for each employee of the Firm listed above (i.e. the primary account
executive and public finance professionals assigned to the Engagement), a brief
explanation of: (i) litigation pending or past judgments entered against the individual
or his or her firm, because of an act or omission of such individual in a professional
liability action, if any; and (ii) regulatory or criminal actions, proceedings or
investigations to which the individual or the Firm has been subject over the last three
years, whether or not the same has resulted in charges, convictions, suspensions or
debarments (no page limit).
8. Understanding of City (required from only those firms seeking Senior/Senior Co -
Manager designation:
a) Describe the Firm's understanding of the City of Miami including its history, mission
and future plans (limit to two pages).
b) Describe what the Firm sees as the City's future financial opportunities and/or
obstacles in advancing the City's Capital Improvement Program (limit to four pages).
9. Trade Secrets Execution to Public Records Disclosure
All Proposals submitted to the City are subject to public disclosure pursuant to Chapter
119, Florida Statutes. An exception may be made for "trade secrets."
If the Proposal contains information that constitutes a "trade secret", all material that
qualifies for exemption from Chapter 119 must be submitted in a separate envelope,
clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the
RFQ number marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be
challenged in court by any person. By your designation of material in your Proposal 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 fees and for costs and attorneys fees incurred
by the City by reason of any legal action challenging your claim.
10. Affidavits / Acknowledgments
a) Proposers should complete and submit as part of its Proposal all of the following
forms and/or documents:
• 6.1 Certification Statement Form (including Certificate of Authority)
• 6.2 Qualification Statement
• 6.3 Affirmative Action Policy
• 6.4 Local Office Affidavit
• 6.5 Statement of Compliance with Ordinance 10032
• 6.6 Debarment and Suspension Certificate
City of Miami Page 26
RFQ No. 05-06-114
5.0 EVALUATION CRITERIA
Proposals received shall be evaluated based on the following criteria and weight
Percentage Points
Criteria
For Senior
Manager
Positions
For Co -Manager
Positions
Firm's Overall Qualifications and Experience
35%
35%
Qualification and Experience of Personnel
35%
35%
Understanding of City
15%
NOT
APPLICABLE
Ability, to Underwrite Bonds
25%
25%
Local Preference
5%
5%
Oral Presentation (if required)
1
1 °
Total
130
:um
City of Miami Page 27
RFQ No. 05-06-114
6.0. RESPONSE DOCUMENT FORMS
6.1. Certification Statement
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 solicitation have been documented in the section below (refer to
paragraph and section).
EXCEPTIONS:
We (I) certify that any and all information contained in this response is true; and we (I) further
certify that this response is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a response 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 for
the bidder/proposer. Please print the following and sign your name:
NAME OF BIDDER/PROPOSER:
ADDRESS: CITY: STATE:
PHONE: FAX:
EMAIL:
AUTHORIZED SIGNATURE:
NAME:
TITLE:
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS RESPONSE.
City of Miami Page 28
RFQ No. 05-06-114
Response Document Form - Certification Statement (Page 2 of 3)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a corporation organized and existing under
the laws of the State of , held on the _day of , , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the corporation to execute bids/proposals on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation. I further certify that said
resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of , held on the day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the to execute bids/proposals on behalf of the partnership and
provides that his/her execution thereof, attested by a partner, shall be the official act and deed
of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this
bid/proposal is authorized to sign bid/proposal documents on behalf of the joint venture. If
there is no joint venture agreement each member of the joint venture must sign the bid/proposal
and submit the appropriate Certificate of Authority (corporate, partnership, or individual).
City of Miami Page 29
RFQ No. 05-06-114
Response Document Form - Certification Statement (Page 2 of 3)
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the bid/proposal to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
, 20
Signed:
Print:
STATE OF
)
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has
produced as identification and who (did / did not) take an
oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
City of Miami Page 30
RFQ No. 05-06-114
6.2. Qualification Statement
INSTRUCTIONS:
This questionnaire is to be included with your response. Do not leave any questions unanswered. When the
question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print.
COMPANY NAME:
COMPANY OFFICERS:
President
Secretary
COMPANY OWNERSHIP:
Vice President
Treasurer
LICENSES:
% of ownership
% of ownership
% of ownership
% of ownership
1. County or Municipal Occupational License No.
(attach copy with response)
2. Occupational License Classification
3. Occupational License Expiration Date:
4. Metro -Dade County Certificate of Competency No.
(attached copy if requested in this solicitation)
5. Social Security or Federal I.D. No.
EXPERIENCE:
6. Number of Years your organization has been in business:
7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation
of the type required by the specifications of the solicitation:
8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation
of the type required by the specifications of the solicitation:
City of Miami Page 31
RFQ No. 05-06-114
Response Document Form - Qualification Statement (Page 2 of 2)
9. Experience Record: List references who may be contacted to ascertain information on past and/or present
contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required by
specifications of the City's solicitation with whom you have done business with in the past three (3) years:
FIRM NAME/ADDRESS
DATE OF JOB DESCRIPTION OF JOB
CONTACT PERSON: PHONE NO.:
FIRM NAME/ADDRESS
DATE OF JOB DESCRIPTION OF JOB
CONTACT PERSON: PHONE NO.:
FIRM NAME/ADDRESS
DATE OF JOB DESCRIPTION OF JOB
CONTACT PERSON: PHONE NO.:
FIRM NAME/ADDRESS
DATE OF JOB DESCRIPTION OF JOB
CONTACT PERSON: PHONE NO.:
FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE.
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RFQ No. 05-06-114
6.3. OFFICE LOCATION AFFIDAVIT
Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY if your office is located within the
corporate limits of the City of Miami.
Legal Name of Firm:
Entity Type: (check one box only) [] Partnership
[] Sole Proprietorship [] Corporation
Corporation Doc. No: Date Established:
Occupational License No: Date of Issuance:
Office Location of the bidder/proposer:
PRESENT
Street Address:
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Ordinance No. 12271 (Section 18-85):
The City Commission may offer to a responsible and responsive local bidder/proposer, who maintains a Local Office, the opportunity of
accepting a bid/proposal at the low bid/proposal amount, if the original bid/proposal amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
The intention of this section is to benefit local bona fide bidders/proposers to promote economic development within the corporate limits
of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the
advantage granted bona fide local bidders/proposers by this section.
Authorize Signature
Print Name
Title
Authorize Signature
Print Name
Title
(Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all
partners of a joint venture.)
STATE OF FLORIDA, COUNTY OF DADE
[] Personally known to me; or
Subscribed and Sworn before me that this is a true statement this day of 199 . [] Produced identification:
Notary Public, State of Florida My Commission expires
Printed name of Notary Public
Please submit with your response copies of Occupational License, professional and/or trade License to verify local status. The City of
Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm's office.
City of Miami Page 33
RFQ No. 05-06-114
6.4. STATEMENT OF INTENT TO COMPLY WITH ORDINANCE NO. 10032
Bidder/proposer certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032,
pertaining to the implementation of a "First Source Hiring Agreement".
Bidder/Proposer will complete and submit the following questions as part of the response. Evaluation of
bidder's/proposer's responsiveness to Ordinance No. 10032 may be a consideration in the award of a contract.
Violations of this Ordinance may be considered cause for annulment of a contract between the successful
bidder/proposer and the City of Miami.
A. Do you expect to create new positions in your company in the event your company was awarded this contract by
the City?
Yes No
B. In the event your answer to Question "A" is yes, how many new positions would you create to perform this
work?
C. Please list below 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 contract.
POSITION/TITLE
EXPECTED
RATE OF PAY NUMBER OF LENGTH OR
Hourly/Weekly DUTIES POSITIONS DURATION
1)
2)
3)
4)
5)
6)
7)
8)
(Use additional sheets if necessary)
COMPANY NAME:
SIGNATURE/TITLE: DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS RESPONSE.
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RFQ No. 05-06-114
6.5. DEBARMENT AND SUSPENSION
CITY OF MIAMI CODE SEC. 18-56.4
(a) Authority and requirement to debar and suspend:
After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to 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 (3) years. The City
Manager shall also have the authority to suspend a contractor 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 be 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 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 bids 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 perform 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; or
7. 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).
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 set forth above, or debarred or suspended as set forth in
paragraph (b) (5).
Company name:
Signature:
Date:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
City of Miami Page 35
RFQ No. 05-06-114
6.6. STATEMENT OF NO RESPONSE
NOTE: If you do not intend to submit a response on this commodity or service, please return this form on or before
the submission date. Failure to submit a response after three (3) times without a sufficient justification of
"No Response" will be cause for removal from the Supplier list.
Office of the City Clerk
3500 Pan American Drive
Miami, FL 33131-5504
We, the undersigned, have declined to submit a response on your RFQ No. 05-06-114 for MUNICIPAL BOND
UNDERWRITING SERVICES for the following reasons:
Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below).
Insufficient time to respond to the Request for Qualifications
We do not offer this product or service.
Our schedule would not permit us to perform.
We are unable to meet specifications.
We are unable to meet bond requirements.
Specifications are unclear (explain below).
We are unable to meet insurance requirements.
Remove us from your suppliers' list for this commodity or service.
Other (specify below).
Remarks:
We understand that if this statement is not completed and returned, our company may be deleted from the City of
Miami bidders/proposers' list for this commodity or service.
Company Name:
Signature:
Title:
Telephone:
Date:
A completed vendor application should be returned with this form if vendor has not previously submitted an
application and secured a vendor number from the City.
City of Miami Page 36
RFQ No. 05-06-114