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HomeMy WebLinkAboutRFPCity of s la m Request for Proposals RFP Purchasing Department Glenn Marcos, CPPB, Director Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami Florida 33130 Web Site Address: www.ci.miami.fl.us RFP Number: RFP Title: Type of Purchase: Purchasing Contact: Purchasing Contact Fax: E-Mail Address: Issue Date: 04-05-137 AUCTION SERVICES (Cooperative) Southeast Florida Cooperative-Purchasing-Group----- Temi Contract Michael Rath, CPPO, CPPB, Assistant Purchasing Director 305-400-5153 mrath@ci.miami.fl.us September 23, 2005 Deadline For Request Of Additional Information / Clarification: Wednesday, October 5, 2005 Proposal Submission Deadline Day/Date: Wednesday, October 12, 2005 Time: 2:00 PM Location/Mail Address: Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Directions: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO SW 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCKTURN RIGHT ON PAN AMERICAN DR CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO SW 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. RFP TABLE OF CONTENTS 1.0 Introduction to Request for Proposals (RFP) Process 2.0 RFP Scope of Services 3.0 RFP General Conditions 4.0 Special Conditions Of The Proposed Contract 5.0 Instructions for Submitting a Response 6.0 RFP Response Forms Sealed written Responses must be received by the City of Miami, City Clerk's Office, 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, five (5) hard copies and one (1) copy on CD-ROM in PDF format of your response and sets of response forms must be returned to the City or your response may be disqualified. City of Miami, Florida CITY OF MIAMI PUBLIC NOTICE RFP #04-05-137 Sealed Responses will be received by the City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133 until Wednesday, October 12, 2005 at 2:00 PM for the following: RFP No: 04-05-137 AUCTION SERVICES RFP documents may be obtained via the Internet using the City's website at http://ci.miami.fl.us/Procurementl. If you do not have Internet access, you may obtain the documents upon request, during regular business hours, at the City of Miami Purchasing Department, 444 S.W. 2nd Avenue, 6th Floor, Miami, Florida 33130. Any Proposals received after the above stated date and time or delivered to a different address/ department/ division will not be considered and will be returned to the bidder unopened. The City of Miami reserves the right to waive any informalities or minor irregularities; reject any and all Proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal(s) which best serves the City. 2 City of Miami, Florida RFP #04-05-137 SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The-attached-Invitation--for-Bid-or-Request -for--Proposal--represents-a-cooperative--procurement-for--the- - — - Southeast Florida Govemmental Purchasing Cooperative. For the past several years, approximately twenty-six (26) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Govemmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Govemment Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Govemmental Purchasing Cooperative Procurement Operational Procedures: • All questions conceming this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be retumed in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative -members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" 3 City of Miami, Florida SECTION 1 1.0. INTRODUCTION TO REQUEST FOR PROPOSALS RFP #04-05-137 1.1. Invitation Thank you for your interest in this Request for Proposals ("RFP") process. The City of Miami ("City"), through its Purchasing Department invites responses ("Proposals" or "Responses") which offer to provide the services described in greater detail in Section 2.0: "Scope of Services." 1.2. Term of Contract The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shalt be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: A. The term of the Contract(s) shall be for three (3) years with an option to renew for two (2) additional one (1) year periods. B. The City shalt have the option to extend or terminate the Contract. 1.3 Additional Services Services not specifically identified in this request (sale of land, buildings, etc.) may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 1.4. Deadline for Receipt of Request for Additional Information / Clarification Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than 5:00 p.m. Wednesday, October 5, 2005. Proposers. may fax, mail or email their requests to the attention of Michael A. Rath, CPPO, CPPB, Assistant Purchasing Director at the City's Department of Purchasing, 444 S.W. 2nd Avenue, 6th Floor, Miami, Florida 33130. The facsimile number is (305) 400-5153 or email: mrath@ci.miami.fl.us. This RFP is subject to the City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271. This Ordinance is available, upon request, as a public record. 1.5. Cone of Silence Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time 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 for public works or city improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLIs 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; • potential vendors, service providers, bidders, lobbyist or consultants, any member of the City's professional staff, City Department Directors or their respective staffs and any member of the respective selection/evaluation committee The provisioh does not apply to, among other cbmmuhicatiohs • • - • oral communications with the City purchasing staff regarding Minority/Wornen Business Enterprise (M/WBE) and local vendor outreach programs, provided the communication is limited strictly to matters of process or procedure already contained in the 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 4 City of Miami, Florida RFP#04-05-137 • 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 or bid documents. • 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. Protests cognizable under the Purchasing Ordinance 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 JCerratoeci. miami.fl. us In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, Lobbyist or Consultant shall subject same to potential debarment 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 Ordinance No. 12271 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. 1.6. Additional Information or Clarification Requests for additional information or clarifications must be made in writing and received by the Senior Buyer specified on the cover sheet of this RFP, in accordance with the deadline for receipt of questions specified in the RFP (see Section 1.4) and the Cone of Silence (see Section 1.5). The request must contain the RFP number and title, Proposer's name, name of Proposers contact person, address, phone number, and facsimile number. Electronic facsimile requesting additional information will be received by the Sr. Buyer for this RFP at the fax number specified on the cover sheet of this RFP. Facsimiles must have a cover sheet which includes, at a minimum, the Proposer's name, name of Proposers contact person, address, number of pages transmitted, phone number, facsimile number, and RFP number and title. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Proposal Submission Date. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. 1.7. Award of Contract A Contract (the "Contract" or Agreement") may be awarded to the Proposer by the City Commission based upon the minimum qualification requirements reflected herein. The City reserves the right to execute or not execute, as applicable, a Contract with the Proposer that is determined to be in the City's best interests. Such contract will be furnished by the City, will contain certain terms as are in the City's best interests, will be subject to approvel as to legal fomi by the City Attorney. 1.8. Contract Execution Contract(s) will be negotiated and executed between the Successful Proposer(s) and the City. 1.9. Unauthorized Work The Successful Proposer(s) shall not begin work until a Notice to Proceed is received. City of Miami, Florida RFP #04-05-137 1.10. Instructions Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit Responses in accordance with the requirements of this RFP. PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL. Proposers shall make the necessary entry in all blanks provided for the responses. The entire set of documents constitutes the RFP. The Proposer must retum these documents with all information necessary for the City to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFP text is followed. All Responses shall be retumed in a sealed envelope or package with the RFP number and opening date clearly noted on the outside of the envelope. Proposers must provide a response to each requirement of the RFP. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. 1.11. Changes / Alterations Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 1.12. 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 RFP 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 attomey's fees and for costs and attomey's fees incurred by the City by reason of any legal action challenging your claim. 1.13. Discrepancies, Errors, and Omissions . . Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be necessary, a written addendum will be incorporated to the RFP. The City will NOT be responsible for any oral instructions, clarifications, or other communications. 1.14. Disqualification The City reserves the right to disqualify Responses before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Responses; to reject any or all Responses in whole or in part, or to reissue a Request for Responses. 1.15. Responses/Proposal Receipt Sealed Responses will be accepted in accordance with the instructions detailed on the over of this RFP. After that date and time, Responses will not be accepted. The Proposer shall file all documents necessary to support its Proposal and shall include them with its Proposal. Proposers shall be responsible for the actual delivery of Responses during business hours to the exact address indicated on the cover and in the RFP. Responses that are not received by the CITY CLERK'S OFFICE by the deadline established in the RFP shall not be accepted or considered by the City. 1.16. Capital Expenditures The Successful Proposer(s) understands that any capital expenditures that the Successful Proposer(s) makes, in order to perform the services required by the City in this RFP, is a business risk which the Successful Proposer(s) may include in its proposed price. The City, however, is not and shall not pay or reimburse any capital expenditures or any other expenses, incurred by any Proposer in anticipation of a Contract award nor to maintain the approved status of the Successful Proposer(s) if a Contract is awarded. 6 City of Miami, Florida RFP #04-05-137 1.17. Nondiscrimination 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 solicitation. Furthermore, 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. 1.18 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 that include but are not limited to: 1.._Use_of_infonmation_only_for_performing_services_required by the contract or as required by law; 2. Use of appropriate safeguards to prevent nonpermitted disclosures; 3. Reporting to the City of Miami of any nonpermitted 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 IIHI/PHI 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 incorporating any amendments requested by the customer, 7. Making PHI available to the City of Miami for an accounting of disclosures; and 8. Making intemal 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. 1.19 Participating Southeast Florida Cooperative Group Member Agencies Agency Contact Average Annual Auction Proceeds City of Miami Michael Rath $430,000 City of Miami Gardens Pamila Thompson Not Available City of North Miami Debbie Falestra Not Available City of North Miami Beach Shannon Graham $ 60,000 City of Deerfield Beach Jessica Gamble $ 51,500 City of Lauderhill Ruby Levy $ 20,500 City of Lauderdale Lakes Neil Appel Not Available City of Coconut Creek Linda Jeethan Not Available City of Tamarac Keith Glatz $ 90,000 7 City of Miami, Florida SECTION II 2.0 BACKGROUND RFP #04-05-137 The City of Miami, Florida currently holds auctions on -site on an as needed basis throughout the year (approximately 3-4 auctions annually). The items auctioned range from automobiles (surplus and confiscated/found), trucks, fire -fighting equipment and vehicles, heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, miscellaneous police confiscated items and found property. 2.1 SCOPE OF WORK The intent and purpose for this Request for Proposals is to obtain the services of a professional auctioneering firm to provide on -site and optional Internet auction services. Proposers may submit a proposal for either on -site auction services, intemet auction services or both. Internet auction services will be evaluated and awarded at the discretion of the City. 2.2 CONTRACTOR REQUIREMENTS Contractor shall conduct said public auction of property in accordance with the following requirements: • Sale will be open to the general public and there will be no fee to participate as a potential buyer • Auctions shall be advertised in a newspaper of general circulation in each Agencies local area at least once a minimum of ten (10) days prior to the auction date. Size and frequency to be determined prior to placement of ads. Cost for this advertising is assumed by the Contractor • The Contractor will list the Agencies auction dates on the Contractor's brochures which will be mailed to the Contractor's buyer's lists. The Contractor shall also advertise and promote the Agencies auctions by Mailing flyers to the Agencies mailing list. In addition, the contractor shall be required to notice the Agencies auction on the Contractor's world wide web (www) site, a minimum of one (1) month prior to the auction date at the Contractors expense • All bidders shall be required to register prior to the auction in order to receive a bidder's number. Bidders shall be allowed to sign up and view the items available a minimum of two (2) hours prior to the auction time. Terms of sale are cash, cashiers check, or approved business/personal check. Bidders shall utilize their drivers license for the required bidder information in order to receive a bidder card • Contractor shall provide all necessary labor to register bidders. • Sale of property may be made only to the highest responsible bidder • Unless otherwise directed by the Agency, unsold vehicles and equipment will be rescheduled and attempted to be sold at the next available auction • It is anticipated that the net proceeds due the Agency will be paid within ten (10) working days after the auction is completed 2.3 LABOR, EQUIPMENT AND SERVICES TO BE PROVIDED BY THE CONTRACTOR Contractor shall provide sufficient and complete staff of experienced, licensed auctioneers, registration and computer personnel to: • Enter bidders data and auction sales as they occur • Lot equipment . • Secure sale items during auction and throughout checkout process Contractor shall utilize a computer system to: • Promptly and accurately record the activities of the auction • Software shall save each transaction as it is entered. It is preferred to have sale information update immediately so invoices may be generated in a timely manner • Sales information shall be transmitted to the data entry staff immediately to allow bidders to pay their invoices in a timely manner 8 City of Miami, Florida RFP #04-05-137 Contractor shall provide computer generated reports which shall include the following: • Entry of each lot with lot number, description and Agency Account/DivisionCode(s), or separate account identifying each participating Agency • Entry of each registered buyer with buyer number, name, address, telephone number and dealer/tax status • Entry of each lot sold including lot number, buyer number and price • Produce and print a buyer's invoice (Bill of Sale) including buyer's number, name, address, telephone number, lot numbers purchased with description and selling price. Tax due (if applicable) and invoice total •.._List .ofbuyers_registered.._._. - • List of active buyers only • Lots sold • Lots sold by Agency category (i.e., surplus, confiscated) • Lots sold by Agency • Summary by -Agency -category • Summary by Agency • Overall summary, including sales tax by Agency • Lots sold by Buyer Contractor shall keep a computer copy of all of the entries of the sale on diskettes or other electronic media for the term of the contract, and three (3) years after termination of contract. Contractor shall provide: • Form for Registration of bidders with identification information • Bidder Cards • Bidders Contract form containing the terms and conditions of the sale with an assigned bidder number. All bidders shall sign this form. This form will be kept by the Agency. This form may be combined with the bidder registration form and shall have the assigned bidder number referenced. • Public address system • Tape recording (video or audio) of the entire auction • Copies of the tapes shall be tumed over to the Agency at the end of the auction • Computers, printers, extension cords and any other required equipment shall be provided by the contractor Contractor shall be responsible for coordination of all auction activities including: • Offer suggestions, on a timely basis, for maximizing sale value of items • Auctioneer or project manager shall attend at a minimum, one Auction meeting quarterly with Agency Staff • Agency will provide Contractor an inventory list(s). The Agency reserves the right to add/delete items from the list up to the day of the auction • A master list shall be printed for distribution as close to the auction day as possible • Contractor shall tag all items for sale the day before the auction • Contractor shall handle any disputes that arise during the auction and shall ask for the assistance of the Purchasing Project Manager if required for resolution Contractor shall be responsible for the protection of property received by the Contractor as well as for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other acts of God) or vandalism. 2.4 AGENCY REQUIREMENTS In the operation of this agreement, each Agency shall be responsible for the following: • Submit to Contractor a list of property. It is understood that minor changes in said list may be submitted to Contractor at any time prior to one (1) week in advance of the auction • Maintain any records considered necessary by the Agency, other than those provided by the Contractor 9 City of Miami, Florida RFP #04-05-137 • Agency shall provide the Certificate(s) of Ownership and all other documents necessary to effect transfer of title for motor vehicles, trailers, and vehicle equipment. At the opinion of Contractor, vehicles may not be offered at auction unless the Certificate of Ownership and all other documents necessary to effect a transfer of title for motor vehicles, trailers, and vehicle equipment are submitted at least five (5) days prior to sale 2.5 INTERNET AUCTIONS (Optional) The Proposer should include in their proposal their methodology (if any) for auctioning through the use of the Internet. The proposal should explain:. • History/experience with Internet auctioning • Site references • Method of contacting buyers (buyer database) • Information available -to potential buyers (data, photos, etc.) • • • • Method of collection of data and photo of sale items Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) Site structure (dedicated page, shared) Location of sale items (agency site or contractor's site, pickup method, etc.) Method of payment for sale items (directly to agency or to contractor) 10 City of Miami, Florida 3.0. RFP GENERAL CONDITIONS RFP #04-05-137 3.1. Acceptance/Rejection The City reserves the right to accept or reject arty or all Responses or to select the Proposer(s) that, in the opinion of the City, will be in the best interest of and/or the most advantageous to the City. The City also reserves the right to reject the Response of any Proposer(s) who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this RFP. The City reserves the right to waive any irregularities and technicalities and may, at its discretion, withdraw and/or re -advertise the RFP. 3.2. City Not Liable for Delays It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Consultant, any sub -consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. The agreement will include a no damage for delay clause. 3.3. Contract Award and City's Rights The City reserves the right, as it determines to be in its best interest, to accept or reject any or all responses to this RFP, waive informalities, technicalities, minor irregularities, and request re -bids on the services specified in the RFP. 3.4. Cost Incurred By Proposers All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be bome by the Proposer(s). 3.5. Legal Requirements This RFP is subject to all applicable federal, state, county, city and local laws, codes, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. 3.6. Minority / Women Business Enterprise (M/WBE) Program Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida sets forth " a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business -enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by Ordinance 10062, vendors doing business with the City are encouraged to include minority firms as participants in their Responses. 3.7 Not Used 3.8. Non -Appropriation of Funds In the event no funds or insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for payments due under the Contract, then the City, upon written notice to the Consultant or his/her assignee of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that - any particular or any project(s) will be awarded to any firm(s). 3.9. Occupational License Requirement Any Proposer with a business location in the City, who submits a Proposal under this RFP, shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Proposers with a business location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Proposal; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 11 City of Miami, Florida RFP #04-05-137 3.10. Payment Payments to the Successful Proposer(s) shall be made in arrears, and based on work performed to the satisfaction of the City. No advance payments will be made at any time. Payment shall be made after delivery, within 45 days of receipt of an invoice for services/goods and pursuant to Florida Statute 218.74 (Florida's Prompt Payment Act) and other applicable laws. 3.11. One Proposal Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture will be considered in response to this RFP. 3.12. Minimum Qualification Requirements Each firm interested in responding to this Request for Proposals must provide the information on the firm's qualifications and experience, qualifications of the project team, Project Manager's experience, and previous similar projects. See Section 5.0 "Instructions for Submitting a Response: (Submission Requirements). Submittals that do not respond completely to all requirements may be considered non -responsive and eliminated from the process. 3.13. Proposer Registration It is the policy of the City that all prospective Proposers register as a Bidder indicating the commodities/services which the Proposer can regularly supply to the City for inclusion on the City's Proposer/bidder's list. Should a prospective Proposer not be currently listed on the City's Proposer/bidder's list, you may register via the intemet at: http://ecov.ci.miami.fl.us/bids/bids.asp. For any questions, contact the Vendor Registration Section at (305) 416-1913. 3.14. Public Entity Crimes A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work's project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category. Two for a period of 36 months from the date of being placed on the convicted Bidder / Proposer list. 3.15. Resolution of Protests Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-103 of the City's Ordinance No. 12271 describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 3.16. Review of Responses for Responsiveness Each Proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A "responsive" Proposal is one which follows the requirements of the RFP, includes all documentation, is submitted in the format outlined in the RFP, is of timely submission, and has appropriate signatures as required on each document. Failure -to comply with these requirements may deem a Proposal non -responsive. A responsible Proposer is one that has the capability in all respects to fully perform the requirements set forth in the Proposal, and that has the integrity and reliability, which will assume good faith performance. 12 City of Miami, Florida RFP #04-05-137 3.17. Sales Tax The City is State Sales Tax exempt. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08 Florida Statutes as amended and all amendments thereto and shall be paid solely by the Proposer. 3.18. First -source Hiring Agreements. (a) . The -commission -approves implementation of the first -source hiring agreement policy and- requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the city commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the City which include professional services. Services include, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the City training and employment programs, and other residents of the City. 3.19 Employees are Responsibility of Successful Proposer(s) All employees of the Successful Proposer(s) shall be considered to be, at all times, the sole employees of the Successful Proposer(s) under its sole direction and not an employee or agent of the City. The Successful Proposer(s) shall supply competent and physically capable employees. The City may require the Successful Proposer(s) to remove an employee the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. Each employee shall have and wear proper identification. All the services required herein shall be performed by the Successful Proposer(s), and all personnel engaged in performing the services shall be fully qualified to perform such services. All personnel of the Successful Proposer(s) must be covered by Workers Compensation, unemployment • compensation and liability insurance, a copy of which is to be provided to the City. No personnel of the Successful Proposer may receive any City employment benefit. 13 1 City of Miami, Florida RFP #04-05-137 3.20. Use of Name The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Proposal are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 3.21. Collusion The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous understanding, agreement or connection either with any person, firm, or corporation submitting a Proposal for the same services, or with the City's Purchasing Department or initiating Department. The Proposer certifies that its Proposal is fair, without control, collusion, fraud, or other illegal action. The Proposer further certifies that it is in compliance with the conflict of interest and code of ethics laws. The City will investigate all situations where collusion may have occurred and the City reserves the right to reject arty and all Responses where collusion may have occurred. 3.22 Ownership of Documents Proposer understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Successful Proposer(s) or which is other wise obtained or prepared by Successful Proposer(s) pursuant to or under the terms of the RFP is and shall at all times remain the property of the City. Successful Proposer(s) agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City, which may be withheld or conditioned by the City in its sole discretion. 3.23 Unauthorized Work Neither the qualified Proposer(s) nor any of his/her employees shall perform any work unless duly authorized by the Contract Administrator or his designated representative. The qualified Proposer(s) shall not be paid for any work performed outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 14 i City of Miami, Florida RFP #04-05-137 4.0. SPECIAL CONDITIONS OF PROPOSED CONTRACT(S) 4.1. Authorization Upon authorization of the City Commission (if required) the City Manager or his authorized designee shall negotiate all aspects of the Contract with the Successful Proposer(s). The City Attorney's Office will provide assistance to the City Manager or his designee during the negotiation of the Contract and must approve the Contract as to legal form and correctness prior to the City Commission's authorization (if required) for the execution of the Contract by the City Manager. The Contract shall comply with all applicable laws, City Charter, and code provisions. The contract shall include certain clauses which will safeguard the interests of the City including, without Airnitations, cancellation for convenience, hold .harmles§7iridemnity, no damages for delay and no adverse interest to the City clauses. 4.2. General The Contract shall address, but not be limited to, the following terms and conditions: 4.2.1. AMENDMENTS TO THE CONTRACT(S) The City Manager shall have sole authority to amend the Contract on behalf of the City. 4.2.2. ASSIGNMENT OF CONTRACT The Successful Proposer(s) shall not assign any portions thereof, or any part of his/her operations, without written permission granted by the City through the City Manager, in the City's sole discretion. 4.2.3. COMPLIANCE WITH ORDERS AND LAWS AND CANCELLATION The Successful Proposer(s) shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFP. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of Contract. 4.2.4. CONFLICT OF INTEREST If any individual member of a proposing team, or an employee of a proposing team/firm, or an immediate family member of the same is also a member of any board, commission, or agency of the City, that individual is subject to the conflict of interest provisions of the City Code, Section 2- 611. The Code states that no City officer, official, employee or board, commission or agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any business with the City, or appear in representation of a third party before the City Commission. This prohibition may be waived in certain instances by the affirmative vote of 4/5 of the City Commission, after a public hearing, but is otherwise strictly enforced and remains effective for two years subsequent to a person's departure from City employment or board, commission or agency membership. This prohibition does not preclude any person to whom it applies from submitting a Proposal. However, there is no guarantee or assurance that such person will be able to obtain the necessary waiver from the City, even if such person were the Successful Proposer(s). A letter indicating a conflict of interest for each individual to whom it applies shall accompany the submission package. The letter must contain the name of the individual who has the conflict; -the relative(s), office, type of employment or other situation which may create the conflict; the board on which the individual is or has served; and the dates of service. 15 City of Miami, Florida 4.3. CONTRACT ADMINISTRATOR The Contract Administrator for the Contract shall be: Name Michael A. Rath, CPPO, CPPB, Assistant Purchasing Director or His Designee Department Purchasing Department Address 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 RFP #04-05-137 4.4. CONTRACT! PROJECT MANAGER For each service proposed, Proposer shall include the name and telephone, and/or beeper number of the firm's intended City's Project Manager. In the event the Contract is awarded to Proposer, the City's Project Manager, designated by Successful Proposer(s), shall be available at one of these contact numbers on a __daily_basis during_ at_leastregular business hours,_Monday through Friday_, for purposes of addressing_ complaints and receiving information as to Contract performance. Should the Project Manager deemed acceptable by the City leave the Successful Proposer(s)'s firm for any reason, the City reserves the right to accept or reject any other proposed Project Manager. 4.5. INDEMNIFICATION The Successful Proposer(s) shall agree to indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all losses, costs, penalties, fines, damages, claims, expenses (including attomey's fees), liabilities (collectively referred to as "Liabilities') by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non- performance of the services contemplated by the Contrast which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the Successful Proposer(s) to comply with any of the requirements specified within the Contract, or the failure of the Successful Proposer(s) to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance under the Contract. Successful Proposer(s) expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Successful Proposer(s), or any of its subcontractors, if applicable and as provided above, for which the Successful Proposer(s)'s liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. The Indemnifications will be interpreted to comply with §725.06, Florida Statutes. 4.6. INSURANCE. Within ten (10) days after notification of award, the Successful Proposer(s) shall furnish Evidence of Insurance to the Purchasing Department and to the Risk Management Department. Both departments are located at City of Miami, 444 SW 2 Avenue, Miami, FL 33130. Please refer to Section 6.3 Indemnification and Insurance. Execution of a Contract 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 RFP, the Successful Proposer(s) 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 Successful Proposer(s) fails to submit the required insurance documents in the manner prescribed in this RFP, within fifteen (15) calendar days after the Successful Proposer(s) has been made aware of Commission award, the Proposer may be in default of the contractual terms and conditions. Under such clrcumstarlces, the Successful Proposer(s) may be ., prohibited from submitting future Responses to the City. Information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department, at (305) 416-1700. Additionally, Successful Proposer(s) may be liable to the City for the cost of re -procuring the services, caused by Successful Proposer(s)'s failure to submit the required documents. 16 City of Miami, Florida RFP #04-05-137 4.7. HOLD HARMLESS The Successful Proposer(s) shall hold harmless and indemnify the City for any errors in the provision of services and for any fines which may result from the fault of the Successful Proposer(s). 4.8. AUDIT RIGHTS AND RECORDS RETENTION The Successful Proposer(s) agrees to provide access to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of the Successful Proposer(s) which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer(s) shall maintain and retain any and all books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment under the Contract and all other pending matters are closed. SUccesSfut Proposer(S)'s failure to adhere to, or refusal to comply with, "• this condition shall result in the immediate cancellation of the Contract by the City. 4.9. PROPOSER'S WARRANTY Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services specifid herein. 4.10. OWNERSHIP OF DOCUMENTS The Successful Proposer(s) is permitted to make and maintain duplicate copies of the files, records, documents, etc. if the Successful Proposer(s) is desirous of . such records subsequent to contract termination. However, in no way shall the confidentiality as permitted by applicable law be breached. 17 rTh City of Miami, Florida } RFP #04-05-137 5.0. INSTRUCTIONS FOR SUBMITTING A RESPONSE The following information and documents are required to be provided .with Proposer's Response to this RFP. Failure to do so may deem your proposal non -responsive. 5.1 Submission Requirements The following documents must be submitted as part of the Response to this RFP: Each submittal must contain the following documents, each fully completed, and signed as required. -Submittals"wh"ich do not include all required documentation, or are not submitted -in -the required format, or do not have the appropriate signatures on each document, may be deemed to be non -responsive. Non- responsive submittals will receive no further consideration. A. CONTENTS OF PROPOSAL In order to insure a uniform review process and —to obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified. When responding to this RFP, all Proposers shall adhere to the guidelines defined below. Any and all Responses that do not follow the prescribed format are subject to immediate disqualification. B. PROPOSAL FORMAT Proposers shall prepare their proposals using the following format. Proposers are encouraged to label/tab their submittal using the bolded headings given below. A. Letter of Transmittal -This letter will summarize in a brief and concise manner, the proposers understanding of the scope of work and make a positive commitment to perform the work. The letter must name all of the persons authorized to make representations for the proposer, including the titles, addresses, and telephone numbers of such persons. An authorized agent of the proposer must sign the Letter of Transmittal indicating the agents title or authority. The proposal shall name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. The letter should not exceed two pages in length. B. Affidavits / Acknowledgments Each Proposer shall complete and submit as part of its Proposal all of the following forms and/or documents: • 6.1 RFP Information Form • 6.1.( ) Certificate of Authority, as applicable • 6.2 Indemnification and Insurance Requirements • 6.3 Debarment and Suspension Certificate • 6.4 Statement of Compliance with Ordinance 10032 • 6.5 Proposers Qualification Statement • 6.6 Conflict of Interest, if applicable • 6.7 Copy of Proposer's Occupational License • 6.8 Acknowledgement of receipt of each addendum issued by the City - C. Qualifications and experience of the firm(s)/individual(s) who will providethe services. - The submission should include: • Details on the qualifications of the auctioneer who will perform the work, including relevant schooling, training and experience in similar work. • Details on the qualifications of the project manager who will perform the administrative functions of preparing for the auction, including relevant training and experience in similar work. 18 City of Miami, Florida RFP #04-05-137 Note: Primary staff (auctioneer and project manager) shall be identified by name and title. The above mentioned may only be changed with the express prior written permission of the City of Miami. The City of Miami reserves the right to approve or reject replacements. Minimum of six (6) references of auctions performed with a minimum of three (3) references being for a government entity within the past two years (Preferably in South Florida). Reference list is to provide listing of references that are similar to the City of Miami. List is to include a brief description of similar accounts and size, satisfactorily completed by proposer identified in the proposal with location, dates of contracts, names, addresses, phone numbers, auction dates, summary of items auctioned, advertising budget and number of registered bidders. List of equipment and staff available to do the work on the day of the auction (include number of data entry staff for registering bidders, cashiers, title clerks, etc.). Number -of -years -organization -has -been -in -business-- — Identify summary of advertising media that will be used for City of Miami and/or other methods that are of no charge to the City. Identify how your mailing database is categorized and how bidders will be chosen to receive information for the City of Miami auction. Proposer to also give an estimated number of bidders that would be mailed a notice that would have interest in the City auction. Proposers are to submit a sample of terms of sale information that is provided to bidders at time of registration. Completion and submission of Questionnaire attached herein. D. Scope of Work - This section of the proposal should explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing an auction. Include details on: • Description or plan of operations which demonstrate an understanding of and the capability to assume responsibility to publicly auction Agency equipment/materials. The plan should detail methods of preparing merchandise for, advertising, conducting, and accounting for a sale. Frequency and dates of sales • Fee structure. This data must be provided on the Proposal Form attached. (Contractor shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Contractor shall submit an invoice to the City based on their percentage bid or deduct the buyer's premium from the gross sales proceeds. • Ability to advertise and draw adequate public attendance at auctions. It is anticipated that the Contractor will print brochures and advertise the public auction appropriately • Procedures to physically arrange set up and conduct public auctions • Records provided to the City and retained by the Contractor • Procedures to collect and remit funds to the Agency providing normal schedule for the receipt of funds • It is the City's desire to contract with an auction firm that has an extensive and up to date 19 City of Miami, Florida RFP #04-05-137 mailing list and promotes its auctions extensively. It is also the desire of the City to contract with an auction firm that has an extensive following of active large buyers on file. Both of these considerations, the City believes, will increase the average item price and total auction sales and will be considered in determination of award E. Price Proposal - This section of the proposal shall be completed on the City provided foram for pricing. F. Availability - Indicate current and anticipated workloads and availability. Identify the extent and nature of any anticipated outside support (subcontracting) that will be necessary to complete the services herein. Identify each support vendor by their trade. The City reserves the right to reject any proposed firms used as outside support. G. Other - Provide a summary of any litigation filed against the proposer m the past three - ----- years which is related to the services that proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. Certifications: If proposer is a corporation, provide certification from the Florida Secretary of State verifying proposer's corporate status and good standing, and in the case of out-of-state corporations, evidence of authority to do business in the State of Florida. Submit occupational license from Entity where business is located. Submission and completion of City provided forms for acknowledgment of partnership, individual or corporation. H. Additional Data - Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. The City solicits a statement about why the proposer feels its approach or equipment would be the most cost effective to the City. 1 City of Miami, Florida 5.2. Proposal Submittal RFP #04-05-137 One (1) original, five (5) bound copies and one (1) copy on CD-ROM in PDF format, of your complete response to this RFP must be delivered to: Ms. Priscilla A. Thompson, City Clerk City of Miami Office of the City Clerk 3500. Pan American Drive... _. First Floor Miami, Florida 33133 __Responses _must_be_clearly_marked_ on _the_outside_of _the__package_ referencing __REPN AUCTION SERVICES Responses received after the date and time stated in the RFP will not be accepted and shall be returned unopened to Proposer. Responses received at any other location than the aforementioned or after the Proposal submission date and time shall be deemed non -responsive. Responses should be signed by an official authorized to bind the Proposer to the provisions given in the Proposal. Responses are to remain valid for at (east 180 days. Upon award of a Contract, the contents of the Proposal of the Successful Proposer(s) may be included as part of the Contract, at the City's discretion. Proposers must provide a response to each issue. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. 21 City of Miami, Florida RFP #04-05-137 6.1. RFP PROPOSAL FORM RFP NO. 04-05-137 AUCTION SERVICES I certify that any and all information contained in this RFP is true; and I further certify that this RFP is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a RFP for the same materials, supplies, equipment, or services and is in all respects fair and withoutcollusion or fraud. l agree to abide by all terms and conditions of the RFP, and certify that 1 am authorized to sign for the Proposer firm. Please print the following and sign your name: Firm's Name: ------------ ------------- ------ -- Business Address: City: County: Zip: Telephone: Fax: . Website: E-mail address: Name: Title:. Authorized Signature: PROPOSAL PRICING 1. ON -SITE AUCTION SERVICES A. Commission charge for Gross Sales or B. Buyers Premium for Gross Sales OPTIONAL SERVICES 2. INTERNET AUCTION SERVICES (CONTRACTORS SITE) A. Commission charge for Gross Sales or B. Buyers Premium for Gross Sales 3. INTERNET AUCTION SERVICES (AGENCY SITE) A. Commission charge for Gross Sales - or B. Buyers Premium for Gross Sales 22 City of Miami, Florida 6.1.1 CERTCATE OF AUTHORITY (IF CORPORATION) STATE OF COUNTY OF ) SS: I HEREBY CERTIFY that a meeting of the Board of Directors of the RFP #04-05-137 a corporation existing under the laws of the State of , held on 20 , the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20 Secretary: (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 23 City of Miami, Florida 6.1.2 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) RFP #04-05-137 STATE OF ) SS: COUNTY OF. _ .) I HEREBY CERTIFY that a meeting of the Partners of the organized and existing under the laws of the State of , held on , 20 , the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Proposal dated, 20 , to the City of Miami and this partnership and that theft execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Secretary: (SEAL) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 24 i" City of Miami, Florida 'Th 6.1.3 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) STATE OF SS: COUNTY OF RFP #04-05-137 I HEREBY CERTIFY that a meeting of the Principals of the organized and existing under -the -laws -of -the -State -of------------ , 20 , the following resolution was duly passed and adopted: "RESOLVED, that, Venture be and is hereby authorized to execute the Proposal dated, 20 , to the City of Miami official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. as IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,20 Secretary: (SEAL) of the Joint FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 25 City of Miami, Florida 6.1.4 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) STATE OF ) SS: COUNTY OF RFP #04-05-137 I HEREBY CERTIFY that as an individual, I (Name of Individual) and as a d/b/a (doing business as) (if applicable) exist under the laws of the State of Florida. "RESOLVED, that, as an individual and/or d/b/a (if applicable), be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami as an individual and/or d/b/a (if applicable) and that my execution thereof, attested by a Notary Public of the State, shall be the official act and deed of this attestation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Notary Public this day of , 20_. NOTARY PUBLIC: Commission No.: I personally know the individual/do not know the individual (Please Circle) Driver's License # (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 26 ( 1 City of Miami, Florida 6.2. INDEMNIFICATION AND INSURANCE INDEMNIFICATION Successful Proposer(s) shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, cost, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any. injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by the Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Successful Proposer(s) or its employees, agents, or subcontractors (collectively referred to as "Proposer"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent, or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the --- __ Successful Proposer(s)_ to comply with any. of the provisions in the Contract or the failure of the Successful Proposer(s) to conform to statutes, ordinances or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of the Contract. Successful Proposer(s) expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Proposer, or any of its subcontractors, as provided above, for which the Successful Proposer(s)'s liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RFP #04-05-137 Successful Proposer(s) further agrees to indemnify, defend and hold harmless the Indemnities from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, in any way related, directly or indirectly, to Successful Proposer(s)'s performance under the Contract, compliance with which is left by the Contract to the Proposer, and (ii) any and all claims, and/or suits for labor and materials furnished by the Successful Proposer(s) or utilized in the performance of the Contract or otherwise. Where not specifically prohibited by law, Successful Proposer(s) further specifically agrees to indemnify, defend and hold harmless the Indemnities from all claims and suits for any liability, including, but not limited to, injury, death, or damage to any person or property whatsoever, caused by, arising from, incident to, connected with or growing out of the performance or non-performance of the Contract which is, or is alleged to be, caused in part (whether joint, concurrent or contributing) or in whole by any act, omission, default, or negligence (whether active or passive) of the Indemnities. The foregoing indemnity shall also include liability imposed by any doctrine of strict liability. The Successful Proposer(s) shall fumish to City of Miami, c/o Capital Improvement Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130, Certificate(s) of Insurance prior to contract execution which indicate that insurance coverage has been obtained which meets the requirements as outlined below. COMMERCIAL GENERAL LIABILITY A. Limits of Liability Bodily Injury and Property 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 Waiver of Subrogation Premises/ Operations Care, Custody and Control Exclusion Removed 27 City of Miami, Florida II. AUTOMOBILE 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 Employees included as insured 111. WORKER'S COMPENSATION _— — Limits of"Liability -- Statutory -State of Florida Waiver of Subrogation IV. EMPLOYER'S LIABILITY A. Limits of Liability $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 RFP #04-05-137 The City is required 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 Successful Proposer(s). 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 Key Rating Insurance Guide or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and are members of the Florida Guarantee Fund. 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 RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Proposer(s) of his liability and obligation under this section or under any other section of this Agreement. The•Successful Proposer(s) shall be responsible -for -assuring -that the insurance certificates .required in - conjunction with this. Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Proposer(s). —If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer(s) 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. 28 City of Miami, Florida RFP #04-05-137 --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 until such time as the new or renewed certificates are received by the City in the manner prescribed in the RFP. B) The City may, at its sole discretion, terminate the Contract for cause and seek re -procurement damages from the Successful Proposer(s) in conjunction with the violation of the terms and conditions of the Contract. The undersigned Proposer acknowledges that they have read the above information and agrees to comply with all the above City requirements. Proposer: Signature: (Company name) Date: Print Name: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 29 City of Miami, Ronda 6.3. DEBARMENT AND SUSPENSION (a) (b) RFP #04-05-137 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. en ing 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. 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 Responses; 4. Violation of contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. 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 30 tl-N'i ! '� City of Miami, Florida RFP #04-05-137 6.4. STATEMENT OF COMPLIANCE WITH ORDINANCE NO. 10032 Proposer certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement." Proposer will complete and submit the following questions as part of the RFP Proposal. Violations of this Ordinance may be considered cause for annulment of a Contract between the Successful __Proposer(s)-and-the City of Miami.._ A. Do you expect to create new positions in your company in the event your company was awarded a 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 a Contract. EXPECTED. UMBER OF.'', LENGTH OF OSITI'ONS :DURATION" 1) 2) 3) 4) 5) 6) 7) 8) (Use additional sheets if necessary) _ _PROPOSER NAME: SIGNATURE/TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY PROPOSAL. 31 City of Miami, Florida 6.5 Proposers Qualification Statement RFP #04-05-137 INSTRUCTIONS: This questionnaire is to be included with your proposal. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANYNAME: COMPANY OFFICERS: President Vice President Secretary Treasurer COMPANY OWNERSHIP: LICENSES: % of ownership % of ownership of ownership % of ownership 1. County or Municipal Occupational License No. (attach copy with bid) 2. Occupational License Classification 3. Occupational License Expiration Date: - 4. Metro -Dade County Certificate of Competency No. (attached copy if requested in Bid or RFP) 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 Bid or RFP: 8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: 32 City of Miami, Florida r ? Proposers Qualification Statement (Page 2 of 2) RFP #04-05-137 9. List of computer equipment and staff available to do the work on the day of the auction: Equipment: Staff & their function(s); 10. Summary of advertising joumals that will be used and/or other methods that are of no charge to the City. 11. Identify how your mailing database is categorized: 12. Estimated number of bidders that would be mailed a notice that would have interest in the City Auction from your database: 13. Submission of sample terms of sale information (attach) 14. Attach a list of those persons who will have a management or senior position working with the City, if you are awarded the contract. List name, title or position, and project duties. A resume or summary of experience and qualifications must accompany your proposal. 15. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: b. List all judgments from lawsuits in the last 5 years which are concerned directly with the staff or part of your organization proposed for the contract. 16.. Experience Record: Attach a list references who may be contacted to ascertain information on past and/or present contracts as required by the specifications FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM MAY DISQUALIFY YOUR PROPOSAL. 33 r City of Miami, Florida 7.0 EVALUATION/SELECTION PROCESS The procedure for response evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of responses. 3. ____._Opening .and.listing_of all, responses received. RFP #04-05-137 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each certified response in accordance with the requirements of this RFP. The Committee may select a minimum of three (3) firms deemed to be the most highly qualified to perform the required -service,-unless_ fewer_ than__ three proposals are_received,._to_.provide brief _public_ presentations. 5: The Evaluation Committee shall forward their recommendation to the City Manager in rank order the response or responses of which the Evaluation Committee deems to be in the best interest of the City. EVALUATION CRITERIA Responses shall be evaluated based upon the following criteria and weight: A. Evidence of the ability, understanding of required services, capacity & skill of firrn to perform, including timeliness, stability, availability, marketing efforts and location Maximum 20 points B. Quality, depth & scope of response to proposal. Maximum 10 points C. Successful governmental experience & background in similar services. Maximum 15 points D. Background, qualifications & experience of personnel assigned to the project. Maximum 15 points E. Capabilities of software to process transaction expediently for reporting and checkout. and Maximum 15 points F. Cost Maximum 25 points 6. After considering the recommendation(s) of the Evacuation Committee, the City Manager shall recommend to the City Commission, in rank order, the response or responses which the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's and the Evaluation Committees recornmendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject any or all responses. 34 CITY OF MIAMI ADDENDUM NO. 1 October 5, 2005 RFP No: 04-05-137 AUCTION SERVICES (Cooperative) TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the Proposal Documents of the above captioned RFP, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand. Question received and corresponding answer: Q1. Can we propose a combination of Commission Charge for Gross Sales AND Buyers Premium, to be used to minimize the cost effect for both the selling agency and the buyer? Al. Proposers shall receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) OR a fixed percentage buyer's premium only. No combination of commission and buyers premium will be accepted. THIS ADDENDUM IS TO BE SIGNED AND DATED BY PROPOSER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF PROPOSAL. SINCERELY, Michael A. Rath, CPPO, CPPB Assistant Purchasing Director NAME OF FIRM: SIGNATURE: DATE: RFP No. 04-05-137 Addendum No. 1 .1BILBP DILATED.+ 18=96 - CITY OF MIAMI ADDENDUM NO. 2 October 5, 2005 RFP No: 04-05-137 AUCTION SERVICES (Cooperative) TO: -- ALL -PROSPECTIVE PROPOSERS: --- The following changes, additions, clarifications, and deletions amend the Proposal Documents of the above -captioned RFP, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand. Questions received and corresponding answers: Q1. What is the commission rate for the previous five years of the contract? Al. The City has contracted for auction services for the past two (2) years. The current contract is based upon an 8% buyer's premium. Q2. Who is responsible for completing title work, the City or the contractor? A2. The Contractor or the Contractor's subcontractor shall be responsible for completing all title work. Q3. Will you please provide a list of the Co-op entities who may participate in the contract? A3. See Paragraph 1.19 of the Request for Proposals. Q4. Do we understand that no registration fee (refundable) can be utilized to deter bidders from walking away from their purchases? A4. A reasonable refundable registration fee may be utilized to deter bidders from walking away from their purchases. Proposers shall indicate in their proposal submission the anticipated refundable registration fee. Q5. Will the Contractor be lotting the items for sale and be responsible for printing the bidder catalog? We will need three (3) days to load computer and print catalogs. A5. The Contractor shall be responsible for lotting items and printing the bidder catalog. The City will provide a listing of equipment to be sold a minimum of ten (10) days prior to the auction date. 06. Will the City be providing security day of sale or the Contractor? A6. The City will provide security for the cashiering activities. The Contractor shall be responsible for providing sufficient staff to secure sale items during auction and throughout the checkout process. RFP No. 04-05-137 Addendum No. 2 —T THIS ADDENDUM IS TO BE SIGNED AND DATED BY PROPOSER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF PROPOSAL. SINCERELY, Michael A. Rath, CPPO, CPPB Assistant Purchasing Director NAME OF FIRM: SIGNATURE: DATE: 2 RFP No. 04-05-137 Addendum No. 2