HomeMy WebLinkAboutExhibit 2City of iami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2^d Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number:
Title:
Issue Date/Time:
RFP Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
243229
Annual Physical Examination Services
for First Responders
15-OCT-2010
11/10/2010 @ 14:00:00
Tuesday, October 26, 2010 at 5:00 PM
Gonzalez, Yusbel
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
YGonzalez n,ci.miami.fl.us
(305) 400-5104
Page 1 of 54
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 120 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME'
ADDRESS:
PHONE- FAX:
EMAIL: BEEPER.
SIGNED BY:
TITLE: DATE -
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 54
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License / Business Tax Receipt Number:
Occupational License / Business Tax Receipt Issuing Agency:
Occupational License / Business Tax Receipt Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
l 0032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Please list and acknowledge all addendum/addenda received. List the addendum/addenda nutnber and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Page 3 of 54
Page 4 of 54
Line: 1
Description: GROUP 1 - FIRE -RESCUE ANNUAL PHYSICAL EXAMINATION SERVICES,
INCLUDING HEPATITIS A and B PROGRAM.
Line: 1.1
Description: Basic Physical -
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.2
Number of Units: 400 Total: $
Description: Additional/Optional Exams: Speculum and Bi-Manual Exam including Pap Smear
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.3
Number of Units: 50 Total: $
Description: Additional/Optional Exams: Mammogram
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.4
Number of Units: 50 Total: $
Description: Additional/Optional Exams: Comprehensive Hearing Test
Category: 94874-50
Unit of Measure: Each
Unit Price: $ Number of Units: 575 Total: $
Page 5 of 54
Line: 1.5
Description: Additional/Optional Exams: Cardiovascular Stress Test - Echocardiogram.
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.6
Number of Units: 200 Total: S
Description: Additional/Optional Exams: Cardiovascular Stress Test - Thallium Stress
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.7
Number of Units: 50 Total: S
Description: Additional/Optional Exams: Cardiovascular Stress Test - Exercise Muga Stress
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.8
Number of Units: 10 Total: $
Description: Additional/Optional Exams: Hepatitis A and B Screening
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Number of Units: 200 Total: $
Page 6 of 54
Line: 1.9
Description: Additional/Optional Exams: Tetanus Toxoid Immunization
Category: 94874-50
Unit of Measure: Each
Unit -Price: $
Line: 1.10
Number of Units::- 50 -
Description: Additional/Optional Exams: Tetanus Booster
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.11
Total:- $
Number of Units: 75 Total: $
Description: Additional/Optional Exams: Pulmonary Function Test - Flow Volume Loop
Category: 94874-50
Unit of Measure: Each
Unit Price: S
Line: 1.12
Number of Units: 50 Total: $
Description: Additional/Optional Exams: Pulmonary Function Test - Post Bronchodilatory Study
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.13
Number of Units: 50 Total:
Description: Additional/Optional Exams: Radiological Evaluation
Page 7 of 54
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.14
Number of Units: 200
Total: $
Description: Additional/Optional Exams: Flexible Sigmoidoscopy
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.15
Number of Units: 10
Description: Additional/Optional Exams: Colonoscopy
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.16
Total: $
Number of Units: 10 Total: $
Description: Additional/Optional Exams: RPR
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.17
Number of Units: 1 Total: $
Description: Additional/Optional Exams: 24 Hour Holter Monitor
Category: 94874-50
Page 8 of 54
Unit of Measure: Each
Unit Price: $
Line: 1.18
Number of Units: 15 Total: S
Description: Additional/Optional Exams: Mantoux Test
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.19
Number of Units: 550 Total: $
Description: Additional/Optional Exams: Flu Shot
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.20
Number of Units: 700 Total: $
Description: Additional/Optional Exams: Hazardous Material Team, Dive Team, TRT Physical
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.21
Number of Units: 170 Total: $
Description: Additional/Optional Exams: Bilirubin Direct and Toral
Category: 94874-50
Unit of Measure: Each
Unit Price: $ Number of Units: 170 Total: $
Page 9 of 54
Line: 1.22
Description: Additional/Optional Exams: Cholinesterase
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.23
Number of Units: 170 Total: $
Description: Additional/Optional Exams: Heavy Metal Screening Quantitative for Pb (Lead), As
(Arsenic), Hg (Mercury)
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.24
Number of Units: 170 Total: $
Description: Additional/Optional Exams: Tonometry
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.25
Number of Units: 170 Total: $
Description: Hepatitis A Immunizations - First Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $ Number of Units: 50 Total: $
Page 10 of 54
Line: 1.26
Description: Hepatitis A Immunizations - Second Injection
Category: 94874-50
-Unit-of-Measure:-Each
Unit Price: $
Line: 1.27
Number of Units: 50 Total: $
Description: Hepatitis B Immunizations - First Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.28
Number of Units: 50 Total: $
Description: Hepatitis B Immunizations : Second Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.29
Number of Units: 50 Total: $
Description: Hepatitis B Immunizations - Third Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $ Number of Units: 50 Total: $
Line: 1.30
Page 11 of 54
Description: Hepatitis A and B Combined (TWLNRIX) - First Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.31
Number of Units: 50 Total L $
Description: Hepatitis A and B Combined (TWINRIX) - Second Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 1.32
Number of Units: 50 Total: $
Description: Hepatitis A and B Combined (TWINRIX) - Third Injection
In accordance with specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2
Number of Units: 50 Total: $
Description: GROUP 2 - POLICE ANNUAL PHYSICAL EXAMINATION SERVICES,
INCLUDING HEPATITIS A and B PROGRAM.
Line: 2.1
Description: Basic Physical (including lab work, visual exam, and Audiological Exam)
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Number of Units: 1,100 Total: $
Page 12 of 54
Line: 2.2
Description: Pulmonary Function Test
Category: 94874-50
Unit -of -Measure: Each
Unit Price: $
Line: 2.3
Number of Units: 50
Description: Electrocardiogram (EKG)
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.4
Total: $
Number of Units: 1,100 Total: $
Description: PPD Skin Test (Mantoux)
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.5
Number of Units: 1,100 Total: $
Description: Additional/Optional Exams: Radiological Evaluation
Category: 94874-50
Unit of Measure: Each
Unit Price:
Line: 2.6
Number of Units: 800 Total: $
Page 13 of 54
Description: Additional/Optional Exams: Cardiovascular Stress Test
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.7
Number of Units: 100 Total: $
Description: Additional/Optional Exams: Cardiovascular Stress Test - Echocardiogram
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.8
Number of Units: 100 Total: $
Description: Additional/Optional Exams: Cardiovascular Stress Test - Thallium Stress
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.9
Number of Units: 75 Total: $
Description: Additional/Optional Exams: Cardiovascular Stress Test - Exercise Muga Stress
Category: 94874-50
Unit of Measure: Each
Unit Pncc: $
Line: 2.10
Number of Units: 1 TotaL $
Description: Additional/Optional Exams: Stool Hematest for Occult Blood
Page 14 of 54
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.11
Number of Units: 1
Description: Additional/Optional Exams: Pap Smear
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.12
Total: $
Number of Units: 10 Total $
Description: Additional/Optional Exams: Mammogram
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.13
Number of Units: 50 Total: $
Description: Additional/Optional Exams: CA 125
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Number of Units: 1 Total: $
Manufacturer
Model Number
Supplier Part Number
Delivery Time from Receipt of
Order (Calendar Days)
Minimum Order Quauitity
Page 15 of 54
Line: 2.14
Description: Additional/Optional Exams: PSA
_ .Categoty:..9.487_4-50
Unit of Measure: Each
Unit Price: $
Line: 2.15
Number of Units: 600
Total: $
Description: Additional/Optional Exams: Comprehensive Hearing Test
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.16
Number of Units:10 Total: $
Description: Additional/Optional Exams: 24 Hour Holter Monitor
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.17
Number of Units: 50 Total: $
Description: Additional/Optional Exams: HBSAB Titer
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Number of Units: 1 Total: $
Page 16 of 54
Line: 2.18
Description: Additional/Optional Exams: Flexible sigmoidoscopy
Category: 94874-50
Unit of Measure: Each
Line: 2.19
. _Number of Units:_ L._ . _Total: _$__._._.
Description: Additional/Optional Exams: Tetanus Booster
Category: 94874-50
Unit of Measure: Each •
Unit Price:
Line: 2.20
Number of Units: 150 Total: $
Description: Additional/Optional Exams: Bilirubin Direct and Total
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.21
Number of Units: 1 Total: $
Description: Additional/Optional Exams: Cholinesterase
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.22
Number of Units: 1 Total: $
Description: Additional/Optional Exams: Heavy Metal Screening Quantitatative for Pb (Lead), As
Page 17 of 54
(Arsenic), Hg (Mercury)
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.23
Number of Units: 1
Description: Additional/Optional Exams: Tonometry
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.24
Total: $
Number of Units: 1 Total: $
Description: Additional/Optional Exams: RPR
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.25
Number of Units: 1 Total: S
Description: Additional/Optional Exams: Blood Type
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.26
Number of Units: 1 Total: $
Description: Hepatitis A Immunizations - First Injection
In accordance with Specifications
Page 18 of 54
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.27
Number of Units: 75 Total: $
Description: Hepatitis A Immunizations - Second Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: S
Line: 2.28
Number of Units: 75 Total: $
Description: Hepatitis B Immunizations - First Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line
Number of Units: 75 Total: $
Description: Hepatitis B Immunizations - Second Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.30
Number of Units: 75 Total: $
Description: Hepatitis B Immunizations - Third Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Page 19 of 54
Unit Price: $ Number of Units: 75 Total: $
Line: 2.31
Description: Hepatitis B Immunizations - Third Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.32
Number of Units: 75 Total: $
Description: Hepatitis A and B Combined (TWINRIX) - First Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $
Line: 2.33
Number of Units: 75 Total: $
Description: Hepatitis A and B Combined (TWINRIX) - Second Injection
In accordance with Specifications
Category: 94874-50
Unit of:Measure: Each
Unit Price: $
Line: 2.34
Number of Units: 75 Total: $
Description: Hepatitis A and B Combined (TWINRIX) - Third Injection
In accordance with Specifications
Category: 94874-50
Unit of Measure: Each
Unit Price: $ Number of Units: 75 Total: $
Page 20 of 54
Page 21 of 54
Request for Proposals (REP) 243229
Table of Contents
Terms and Conditions 23
1. General Conditions 23
1.1. GENERAL TERMS AND CONDITIONS ?3
2. Special Conditions 40 •
2.1. PURPOSE 40
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 40
2.3. TERM OF CONTRACT 40
2.4. CONDITIONS FOR RENEWAL 40
2.5. EQUITABLE ADJUSTMENT 40
2.6. NON -APPROPRIATION OF FUNDS 40
2.7. MINIMUM QUALIFICATION REQUIREMENTS 41
2.8. CONTRACT EXECUTION 41
2.9. FAILURE TO PERFORM 41
2.10. INSURANCE REQUIREMENTS 41
2.11. CONTRACT ADMINISTRATOR 42
2.12. PROGRAM MANAGER 42
2.13. TERMINATION 42
2.14. ADDITIONAL TERMS AND CONDITIONS 43
2.15. PRIMARY CLIENT (FIRST PRIORITY) 43
2.16. UNAUTHORIZED WORK 43
2.17. CHANGES/ALTERATIONS 43
2.18. COMPENSATION PROPOSAL 43
2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 44
2.20. ADDITIONAL SERVICES 44
2.21. RECORDS
2.22. TRUTH IN NEGOTIATION CERTIFICATE 44
3. Specifications 46
3.1. SPECIF1CATIONS/SCOPE OF WORK 46
4. Submission Requirements 52
4.1. SUBMISSION REQUIREMENTS 52
5. Evaluation Criteria 54
5.1. EVALUATION CRITERIA 54
Page 22 of 54
Request for Proposals (RFP) 243229
Terms and Conditions
1. General Conditions
1.1. 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 S25,000.00 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 Procurement 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 EQUIPIVIENT - 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 or electronic submission of your solicitation 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 opening/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 Ciry also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform 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. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (I) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the Ciry 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, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, tide 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
Page 23 of 54
Request for Proposals (REP) 243229
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-govemmental entity which uses this fomtal 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 terns and
issue its own exemption certificates•as required by the successful bidders)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Fonnat 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,
amendment or addenda.
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
contractual obligation if such documents are not submitted in a timely manner and in the fonn 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 lowest responsive, responsible Bidder or Proposal most advantageous to
the City 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 tens 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 tern in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. [f 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, lutnp sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
11. 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, whichever is
determined to he in the City's best interests. Such agreement wilt 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
Page 24 of 54
Request for Proposals (RFP) 243229
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 he returned on demand.
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 lowest responsive, responsible Bidder or Proposal most advantageous to the City 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 ntle 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
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must he 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 its
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 fine
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractorisub-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.
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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. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation,
R. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
1. City Procurement Ordinance City Code Section 18, Article II1.
J. Conflict of Interest, City Code Section 2-61 1;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Paytnent.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for Ciry 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 tenninates at the time the City
Manager issues a written recotmnendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for die provision of goods and services and public works or improvements for
amounts greater than S200,000. 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, 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.Conumission 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,
RFL1 or IFB (bid) documents (See Section 2.2. of the Special Conditions); or 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 Cleric.
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 ofa 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.
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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 305-230-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision,_the City of Miami is subject to the Horida
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 Weir 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 your tinn.
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 format solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, Toss, 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, pendine 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.
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(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of,the decision shall
be provided promptly.to the Contractual Party, along with a notice of said party's right to seek judicial
relief,
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the 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 nonperfonnance, 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. 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.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. 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 assigmnent renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terns of the Contract in any material respect. •
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become 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 fonnal 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 tenu 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.
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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 wilt 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.
l) 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 Generat 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. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions containedin 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 Riven amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous 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 ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
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 terns 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 fine which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
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C. Determination of Responsibility
1) 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 tenns
"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.
2) -The City may considerany evidencc-available regarding -the financial, technical -and -other -qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the 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 teens and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Fonnal Solicitation, all prices
quoted/proposed bythe bidderiproposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bidiproposal 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, terns, and conditions quoted in its
response will be Finn throughout the duration of the contract unless otherwise specified in the Fonnal
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
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, 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 oldie city
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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. 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-L-abor—Faeh-adjusted-minimum-wagerate-calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, 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 famish employee narne(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 tens 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. 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.
1.41. 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 tenns and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) - 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 (I-IIPAA) 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:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that 111-11/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PFfI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PI -II available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the font 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.
1.43. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, 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,
attorneys fees, expenses and liabilities incurred in the defense of any such claims and any resulting
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investigation.
1.44. 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, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The Ciry 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.
1.46. 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
famished 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.
1.47. 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 insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The 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 temis that may be granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. 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.
1.50. 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.
1.51. 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.
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1.52. NO PARTNERSFI[P 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.
1.53. 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-1-1.97Florida-Statutes7-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 kidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. 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: •
1.55. 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, agreements, or other similar sources for the purchase of these Roods 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.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article i of 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.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, fire, 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",
1.58. 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 tithes 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.
1.59. 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.
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1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to famish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or 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 pace, 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. Al[ responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the finn'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 initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, 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.
1.62. 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 he passed on to the City of
Miami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the teen 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
al[ quality requirements.
1.64. 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.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment teens 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 Lithe 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
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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 die contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property famished 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.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. 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.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
dynes, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Starnes, 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.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUiPII'MENT - 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.
1.71. QUALITY OF' WORK/SERVICES - The work services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall he new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is detennined 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:
1.73. 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 S25,000, 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.
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(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 shalt 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.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shalt 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 S25,000.
Protests thereon shall be govcmed by the Administrative Policies and Procedures of Purchasing.
"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 filed 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. A written notice of intent to file a protest shalt 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, which will he posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. it shall be the responsibility of the Bidder/Proposer to check this
section of the wcbsite daily after responses are submitted to receive the notice; 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 tiled 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 he
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A. notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in 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 am 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
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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 S25,000, the decision of the Chief Procurement Officer shall be
submitted for approval-ordisapproval-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 parry'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 iimnediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by. the protestor.
(I) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or S5000.00, 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 tiling 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 paytnent of costs for the administrative proceedings as prescribed by
subsection.(e) above.
1.75. 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)lproposer(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.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the tenn 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.
1.77. 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.
1.78. 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.
I f 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.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
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the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
—requisite-Response-Forms may -be -rejected: ardcopy-responses-recv,ived-at-any-other -location-than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT; I
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSIIORE DR. (3RD TRAFFIC. LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered,
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close 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 after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package rust contain the
information previously stated in 1.82.A.
1.80. 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 Fax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. 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 Cit}o be in breach of any of the tennis and conditions of the
contract.
B: The City has determined that such tenninatio❑ will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. 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
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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 Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will he 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.
1.84. 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.
1.85.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 finn'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
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 attomey's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shalt 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.
1.87. 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.
1.88. 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.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for annual physical examination services for first
responders, as specified herein, from a source(s) of supply that will give prompt and efficient service fully
compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT. OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Yusbel Gonzalez: fax: (305) 400-5104 or email: ygonzalez@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Tuesday, October 26, 2010 at 5:00 PM. All responses to questions will be sent to all
prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED
VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be
• required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the
following terns:
(1) The term of the Contract(s) shall be for two (2) years with an option to renew for two (2) additional
two (2) years periods.
(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.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terns and conditions
established herein.
(2) Availability of fiords
2.5. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terns
and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (I) the volatility is due to
circumstances beyond the successful proposer(s) control, (2) the volatility, affects the marketplace or
industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply
is substantial, and (4) the volatility so affects the successful proposer(s) that continued performance of the
contract would result in a substantial loss. Successful proposer(s) might have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
2.6. NON -APPROPRIATION OF FUNDS
fn the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments duc under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
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Request for Proposals (RFP) 243229
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any0inn(s).
2.7. MINIMUM QUALIFICATION REQUIREMENTS
Successful Proposer(s) shall satisfy each of the following requirements cited below. Failure to do so may
result in the Proposal being deemed non -responsive.
A. Proposer shall have a facility and primary office located within a 10 mile radius of the corporate litnits
of the City.
B. Proposer shall have a record of performance providing similar services as described in this RFP for a
minimum of three (3) consecutive years; and have sufficient financial support, equipment and organization
to insure that it can satisfactorily execute the services at the time of award of Contract under the terns and
conditions herein stated.
C. The City reserves the right, before awarding the Contract, to require a Proposer to submit such evidence
of his/her qualifications as the City may deem necessary and as part of the Evaluation Committee's process
may consider any evidence available of the financial, technical, and other qualifications and abilities of a
Proposer, including previous experiences of same with the City and performance evaluation for services, in
making the award in the best interest of the City.
D. Proposer shall have no record of judgments, 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.
E. Neither Proposer nor any principal, officer, or stocldiolder of Proposer 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.
2.8. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation,
shall be awarded an opportunity to negotiate a contract Professional Services Agreement with the City. The
City reserves the right to execute or not execute, as applicable a Professional Services Agreement with the
selected Proposer(s) that is determined to be most advantageous and in the City's best interest. Such
Professional Services Agreement will be furnished by the City, will contain certain terns as are in the
City's best interests, and will be subject to approval as to legal form by the City Attorney.
2.9. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to the scope of work, the City reserves the right to
declare Contractor in default of the contract or make appropriate reductions in the contract payment.
2.10. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder 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 performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder'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,
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 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:
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Request for Proposals (RFP) 243229
(1) Professional Liability
A. Limits of Liability
Each Claim: S 1.000.000
Policy Aggregate: $1,000,000
BINDERS ARE UNACCEPTABLE.
THE ABOVE POLICIES -SHALL PROVIDE -THE; -CITY -OF NIIAMhWITFI-WRITTEN"NOTICE
OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
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.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder 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:
(l) Suspend the contract until such time as the new or renewed certificates are received by the City in the
manner prescribed in the Invitation To Bid.
(2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages
from the Bidder in conjunction with the General and Special Terns and Conditions of the Bid.
The Bidder 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 Bidder.
2.11. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly wit
as the Contract Administrator.
ilhan Diaz -Warshaw, who shall be designated
2.12. PROGRAM MANAGER •
Proposer(s) shall include the name and telephone, and/or cell phone/pager number of the intended City's
Program Manager. In the event the Contract is awarded to Proposer(s), the City's Program Manager
designated by Proposer, shall be available at one of these contact numbers on a daily basis during at least
regular business hours, Monday through Friday, for purposes of addressing complaints and receiving
information as to Contract performance. Should the Program Manager deemed acceptable by the City leave
the Successful Proposer's firm for any reason, the City reserves the right to accept or reject any other
proposed Program Manager.
2.13. TERMINATION
A. FOR DEFAULT
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Request for Proposals (RFP) 243229
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (I) it is
determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
R. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.14. ADDITIONAL TERMS AND CONDITIONS
No additional teens and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and 'are
inapplicable to this solicitation. If submitted. either purposely;; through intent or design, or inadvertently,
appearing separately in transmittal •letters, specifications, literature, price lists or wan-anties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.15. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)iproposer(s) agree upon award of this contract that the City of Miami shall be its
primary client and shall be serviced first during a schedule conflict arising between this contract and any
other contract successful hidder(s)/proposer(s) may have with any other cities and/or counties to perform
similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any
other public emergency impacting various areas during or approximately the same time.
2.16. UNAUTHORIZED WORK.
The Successful Proposer(s) shall not begin to provide services under this contract until a Blanket Release
(i.e. Purchase Order) is received.
2.17. 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.
2.18. COMPENSATION PROPOSAL
Each Proposer shall use the Lines section of this RFP to submit all fees and costs to provide the required
_services_aslisted_hereiu. Proposer may. also detail any additional fees that are necessary to meet the tenns
of this. RFP and provide all services as detailed in Section 3 Scope of Work. The City reserves the right
to add or delete any service, at any time. Should the City determine to add an additional service for,
which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable
cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to
negotiate cost(s) or seek another vendor for the provision of said service(s).
Failure to submit compensation proposal as requires( shall disqualify Proposer from consideration.
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Request for Proposals (RFP) 243229
2.19. 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 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 Committee's
recommendation; the City Manager's recommendation for award of contract will be posted on the City of
Miami Purchasing Department wcbsite, in the Supplier Corner, Current Solicitations and Notice of -
Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Reconunendation of Award To fields. If "various" is indicated in the Recommendation of Award To field,
the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. 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 instnict 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'
recotmnendation(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 a contract for the required services. Such negotiations may result in contracts, as
deemed appropriate by the City Manager.
(11) The City Commission shall review and approve the negotiated Contract with the selected
Proposer(s).
2.20. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.21. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall
provide City access to all files and records maintained on the City's behalf.
2.22. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of
truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of the resulting Agreement are accurate, complete, and current at the time of contracting.
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Request for Proposals (RFP) 243229
The original contract price and any additions thereto shall be adjusted to exclude any significant sums by
which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage
rates and other factual unit costs. All such contract adjustments shall be made within one (1) year
following the end of the Agreement.
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Request for Proposals (RFP) 243229
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
GROUP 1 - FIRE -RESCUE ANNUAL PHYSICAL EXAMINATION SERVICES, INCLUDING
HEPATITIS A AND B PROGRAM.
I. BACKGROUND
The City is seeking Proposals pursuant to this RFP for the provision of annual physical examinations for.
Fire -Rescue personnel, including Hepatitis A and B immunizations, referred by authorized City of Miami,
Department of Fire -Rescue personnel.
II. SCOPE OF WORK
•The Successful Proposer shall provide, at a minimum, the following services, and shall adhere to the
Physical Examination Protocol established by the City (copy attached as "Attachment A -
Medical Protocol for Fire -Rescue Annual Physical Examination Services", located in the Header/Notes and
Attachments section of this RFP in the Oracle Sourcing System, and .subject to revision):
A. Physical Examinations
1. Examinations must be performed by a Board Certified physician licensed in the State of Florida.
Physician(s) performing physicals must be Board certified in Internal Medicine or Family Practice. A
minimum of two (2) physicians must be available on staff to perform examinations on an as -needed basis.
A licensed female physician, in addition to a full-time physician, must be available to perform
examinations upon the City's request.
2. X-ray results must be interpreted by a Radiologist.
3. A Cardiologist must interpret EKG results and administer the Cardiovascular Stress Test.
4. The Successful Proposer must have operable equipment, as well as adequate back-up equipment and a
licensed facility to conduct the required examinations and analyze their results, at the time of Proposal
submittal, which may be inspected by City representatives Crash Cart and Emergency Response Procedure
is required for Cardiovascular Stress Test.
5. The Successful Proposer's faciliry and primary office shall he within a 10 mile radius of the City limits.
6. The Successful Proposer's facility must have adequate reception area to accommodate individuals in case
of overlap.
7. The City may require interviews of prospective providers and inspection of facilities and equipment prior
to the award of this Request for Proposals (RFP).
8. The Successful Proposer shall conduct physical examinations of persons referred by authorized City
personnel. All such physical examinations, tests and related medical procedures -shall be conducted by -the
provider on a prearranged appointment oasis, as scheduled by the City. The Successful Proposer shall
provide the City with a minimum of two weeks' notice for cancellation of appointments.
9. All physical examinations, tests and related medical procedures shall be conducted in a licensed facility •
operated by the Successful Proposer, or at such facility subsequently agreed to by the City and the provider.
10. The Successful Proposer shall designate a Program Manager who will be responsible for program
coordination and to provide a single point interface between the City and the Successful Proposer on all
matters concerning the contract.
1 1. All such physical examinations, tests and related medical procedures shall be performed in accordance
with established medical protocol, and National Fire Protection Association (NFPA) standards. The
Successful Proposer shall adhere to the protocols as provided by the City, and under no circumstances shall
any additional test he offered or performed without written approval of the City designated representative.
12. Adequate vehicle parking shall be provided at no cost to the City or employee/applicant receiving the
evaluation. -The -facility -must -be Americans-with-Disabilities-Act-(ADA)•compliantr-
13. The Successful Proposer shall maintain a current record indicating the name, date and examination(s)
completed, and results for each employee/applicant processed. The provider must submit written reports
compliant with the HIPAA Act of 1996, to the Department of Employee Relations, 444 S.W. 2nd
Avetiue, 7thFloor, Miami, Florida 33130, for each employee examined.
14. Written results compliant with HIPAA of all examinations and evaluations, as well as
any recommendations, shall be delivered to the Department of Employee Relations, at no additional cost,
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Request for Proposals (RFP) 243229
within 24 hours of completion of examination. Verbal results (excluding blood or laboratory work) may be
requested the day examination is completed.
15. The Successful Proposer must he in and maintain compliance with HIPAA and provide proof of such to
the City at time of proposal submission and any time upon request during the duration of the contract.
16. The Successful Proposer shall maintain all financial records customarily used in this type of operation
in accordance with accepted accounting practice and standards. The City shall, through the Ciy Auditors
and the Department of Employee Relations designee, be permitted to examine and audit during ordinary
business hours, the records of accounts.
17. Retests that may be required for any reason shall be performed at the expense of the provider.
18. These specifications are intended to provide a thorough medical evaluation by qualified medical staff.
The provider shall conduct this in no more than one visit if necessary, repeat and/or additional
appointments can be scheduled.
19. The visit shall include obtaining a thorough medical history, laboratory work up, and a comprehensive
physical examination by the physician. This. visit shall be conducted between the hours of 7:00 a.m. to 5:00
p.m., Monday through Friday, excluding legal holidays, oh the appointed day.
20. Employees/applicants who upon completion of their physical examination are temporarily deferred will
be examined again when necessary at no additional charge.
21. For sworn Department ol'Fire-Rescue personnel, the annual physical examination shall be
conducted in one part as follows:
Comprehensive physical examination as per the attached medical protocol to be conducted during the
hours of 7:00 a.m.- 5:00 p.m., Monday through Friday, excluding legal holidays. (copy attached as
"Attachment A - Medical Protocol for Fire -Rescue Annual Physical Examination Services', located in
the Header/Notes and Attachments section of this RFP in the Oracle Sourcing System).
- Consultation with physician regarding immediate findings.
- Once testing is initiated, all tests and evaluations must be completed within 30 days.
If reconmsended, an additional visit(s) should be scheduled for additional sophisticated testing (e.g.,
audiological, cardiovascular stress testing, ctc.).
- The Department of Risk Management should be advised of any work related health concerns. Any
notification of medical conditions must he in accordance with HIPAA.
22. The City's Medical protocol is subject to revision.
B. Hepatitis A and B lmmunizations
1. The Successful Proposer shall provide Flepatitis A and B immunization of persons referred by authorized
City personnel.
2. All such immunizations, tests and related medical procedures shall be performed in accordance with
established City of Miami protocol, and National Fire Protection Association (NFPA) standards.
3. All such immunizations must he performed by a registered nurse and/or licensed medical professional
designated by facility.
4. All tests shall be conducted by a certified medical personnel.
5. Test results should be reviewed immediately so that employee can be notified as soon as possible of any
abnormalities and/or re -test which night need to be performed.
6. All such immunizations, tests and related medical procedures shall be conducted in a licensed facility
operated by the provider, or at such facility subsequently agreed to by the Department of Employee
Relations and the provider.
7. The Successful Proposer shall have adequate modem equipment to conduct the required tests and
analyze the results.
8. The Successful Proposer's facility and primary office shall be within a 10 mile radius of the City's
corporate limits.
9. The Successful Proposer's facility must have an adequate reception area to accommodate
employees/applicants.
10. Adequate vehicle parking shall be provided on the premises at no cost to the City and/or employee
receiving the evaluation. Facility must be ADA compliant.
11. All such immunizations, tests and related medical procedures shall be conducted by the provider on a
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Request for Proposals (RFP) 243229
prearranged appointment basis, as scheduled and authorized by the Department of Employee Relations.
2. The Successful Proposer shall designate a program manager who will be responsible for program
coordination and to provide a single point interface between Employee Relations and the provider on all
matters concerting the contract.
13: The Successful Proposer shall maintain a current record indicating the name, date and examination(s)
completed, and results of each employee processed. The Successful Proposer(s) must submit a written
report and a stnnmary of the results of all examinations and evaluations, compliant with HIPAA, as well as
a list of recommendations to the Department of Employee Relations, 444 S.W. 2nd Avenue, 7 th Floor,
Miami, Florida 33130, to each employee tested and upon request to the employee's personal physician no .
later than 30 days after completion of examination. Reports not postmarked 30 days after completion of
immunizations will be at no charge to the City of Miami.
14. The Successful Proposer shall maintain a complete file on each employee, HIPAA compliant, which
may be transferred to the physician of the employee's choice upon signed request.
15. The Successful Proposer must be in and maintain compliance with HIPAA and provide proof of such to
the City at time of proposal submission and any time upon request during the duration of the contract.
16. The Successful Proposer shall maintain all financial records customarily used in this type of operation
in accordance with accepted accounting practice and standards. The Department of Employee Relations
shall, through the City's auditors, be permitted to examine and audit during ordinary, business hours, the
records of accounts.
17. Hepatitis A immunization protocol shall be conducted as follows:
- The first visit shallinclude a training module (may consist of educational video, brochures, questions
and answers; etc.). This visit shall be scheduled between 7:00 a.m. to 5:00 p.m. Monday through
Friday, excluding legal holidays.
- After the training module, those individuals to be immunized will be given the first dose of the
Hepatitis A vaccine (Havrix`t"' A Adult) followed by the second infection six (6) months after the first.
Hepatitis A does not require a blood titer after vaccination. These vaccinations will be by
intramuscular injection. The closing schedule for Hepatitis A vaccination is (0 and 6 months).
1S. Hepatitis B immunizations protocol shall be conducted as follows:
- The first visit shall include a training module, (may consist of educational video, brochures, questions
and answers, etc.). This visit shall be scheduled between 7:00 a.m. to 5:00 p.m., Monday through
Friday, excluding legal holidays.
- After the training module, those individuals to be inununized will he given the first dose of the
synthetic vaccine (e.g. Recombivax HB or Engerix HB) followed by the second injection one (1)
month after the first, and the third injection six (6) months after the first. A (HBSAB) titer will be
drawn 1-2 months after the last injection. These vaccinations will be by intramuscular injection. The
dosing schedule for Hepatitis B vaccinations is (0-I and 6 months).
- It is now recommended that those individuals who do not develop positive HBSAB's after a pritnaty
series, repeat the entire series (one time only).
19. Hepatitis A and B combination vaccine (Twinrix) - protocol shall be conducted as follows:
-The first visit shall include a traihing module (may consist of educational video, brochures, questions
and answers, etc.). This visit shall he scheduled between 7:00 a.m. to 5:00 p.m., Monday through
Friday, excluding legal holidays.
-After the training module, those individuals to be immunized will be given the first dose of the
synthetic vaccine (Twinrix) followed by the second injection one (I) month after the first, and the third
injection six (6) months after the first. These vaccinations will be by intramuscular injection. The
dosing schedule for Hepatitis A and B combination vaccinations is (0-1 and 6 months).
I-Iepatitis immunizations are to be provided for the following classifications:
1) Fire (all sworn)
2) Others as designated
Note: Protocol subject to revision as needed.
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Request for Proposals (RFP) 243229
GROUP 2 - SWORN POLICE ANNUAL PFIi'SIC.A1, EXAMINATION SERVICES AND
HEPATITIS A AND 13 PROGRAM.
I. BACKGROUND
The City is seeking Proposals pursuant to this RFP for the provision of annual physical examinations for
sworn Police personnel, including Hepatitis A and B immunizations, referred by authorized City personnel.
II. SCOPE OF WORK
The Successful Proposer shall provide; at a minimum, the following services, and shall adhere to the
Physical Examination Protocol established by the City (copy attached as "Attachment A -
Medical Protocol for Sworn Police Annual Physical Examination Services", located in the Header/Notes
and Attachments section of this RFP in the Oracle Sourcing System, and subject to revision).
A. Physical Examinations
1. Examinations must be performed by a Board Certified physician licensed in the State of Florida.
Physician(s) performing annual physicals must be Board certified in Internal Medicine or Family Practice.
A minimum of two (2) physicians must be available on staff to perform examinations on an as -needed
basis.
A licensed female physician, in addition to a full-time physician, must be available to perform
examinations upon the City's request.
2. X-ray results must be interpreted by a Radiologist.
3. A Cardiologist must interpret EKG results and administer the Cardiovascular Stress Test.
4. The Successful Proposer must have operable equipment, as web as adequate back-up equipment and a
licensed facility to conduct the required examinations and analyze their results, at the time of Proposal
submittal, which may be inspected by City representatives. Crash Cart and Emergency Response Procedure
is required for Cardiovascular Stress Test.
5. The Successful Proposer's facility and primary office shall be within a 10 mile radius of the City limits.
6. The Successful Proposer's facility must have adequate reception area to accommodate individuals in case
of overlap.
7. The City may require interviews of prospective providers and inspection of facilities and equipment prior
to the award of this Request for Proposals (RFP).
8. The Successful Proposer shall conduct physical examinations of persons referred by authorized City
personnel. All such physical examinations, tests and related medical procedures shah be conducted by the
provider on -a prearranged appointment basis, as scheduled by the City.
9. All physical examinations, tests and related medical procedures shall be conducted in licensed facility .
operated by the Successful Proposer, or at such facility subsequently agreed to by the City 'and the provider.
10. The Successful Proposer shall designate a Program Manager who will be responsible for program
coordination and to provide a single point interface between the City -and the Successful Proposer.on all
matters concerning the contract.
11. All such physical examinations, tests and related medical procedures shall be performed in accordance
with established medical protocol. The Successful Proposer shall adhere to the protocols as provided by the
City, and under no circumstances shall any additional test be offered or performed without written approval
of the City designated representative.
12. Adequate vehicle parking shall be provided at no cost to the City or employee receiving the evaluation.
13. The Successful Proposer shall maintain a current record indicating the name, date and examinations)
completed, and results for each employee/applicant processed. The provider must submit written reports
compliant with the HIPAA act of 1996, to the Department of Employee Relations, 444 S.W. 2nd Avenue,
7th Floor, Miami, Florida 33130, for each employee/applicant examined.
14. Written results compliant with HIPAA of all examinations and evaluations, as well as any
recommendations, shall be delivered -to- the Department-of-EmployeeRelations,'at'no-additionalcost,-within,
24 hours of completion of examination. Verbal results (excluding blood or laboratory work) may be
requested the day examination is completed.
15. The Successful Proposer must be in and maintain compliance with I-IIPAA and provide proof of such to
the City at time of submission and any time upon request during the duration of the contract.
16. The Successful Proposer shall maintain all financial records customarily used in this type of operation
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Request for Proposals (RFP) 243229
in accordance with accepted accounting practice and standards. The City shall, through the City Auditors
and the Department of Employee Relations designee, be permitted to examine and audit during ordinary
business hours, the records of accounts.
17. Retests that may be required for any reason shall be performed al the expense of the provider.
18. These specifications are intended to provide a thorough medical evaluation by qualified medical staff. •
The provider shall conduct this in no more than one visit. If necessary, repeat and/or additional
appointments can be scheduled.
19. The visit shall include obtaining a thorough medical history, laboratory work up, and a comprehensive
physical examination by the physician. This visit shall be conducted between the hours of 7:00 a.m. to 5:00
p.m., Monday through Friday, excluding legal holidays, on the appointed day.
20. Employees/applicants who upon completion of their physical examination are temporarily deferred will
be examined again when necessary at no additional charge.
21. For sworn Department of Police personnel, the annual physical examination shall be conducted in
one part as follows:
- Comprehensive physical examination as per the attached medical protocol to be conducted during the
hours of 7:00 a.nl. - 5:00 p.m., Monday through Friday, excluding legal holidays.
- Consultation with physician regarding immediate finding.
- Once testing is initiated, all tests and evaluations must be completed within 30 days.
- Risk Management should be advised of any work related health concerns. Any notification of
medical conditions must be in accordance with HIPAA.
22. Medical protocol subject to revision (some components contained in Fire Department exam may be
added to Police Department exam and vice versa). Physical examinations/components may be extended to
other employees as designated.
23. The Successful Proposer will complete the City's medical examination form, and any medical
certification forms that May be required in its entirety.
B. Hepatitis A and B Immunizations
1. The Successful Proposer shall conduct Hepatitis A and B immunization of persons referred by
authorized City personnel.
2. All such' immunizations, tests and related medical procedures shall be performed in accordance with
established City protocol.
3. All such immunizations -must be performed by a registered nurse and/or licensed medical professional
designated by.facility.
4. All tests shall be conducted by certified medical personnel_
5. Test results should be reviewed immediately so that employee can be notified as soon as possible of any
abnormalities and/or re -test which might need to be performed.
6. All such immunizations, tests and related medical procedures shall be conducted in a licensed facility
operated by the provider, or at such facility subsequently agreed to by the Department of Employee
Relations and the provider.
7. The Successful Proposer shall have adequate modern equipment to conduct the required tests and
analyze the results.
8. The Successful Proposer's facility and primary office shall be within a 10 mile radius of the City's
corporate limits.
9. The Successful Proposer's facility must have an adequate reception arca to acconunodate
etnp loyees/applicants.
10. Adequate vehicle parking shall be provided on the premises at no cost to the City and/or employee
receiving the evaluation.
11. All such immunizations, tests and related medical procedures shall be conducted by the provider on a
prearranged appointment basis, as scheduled and authorized by Employee Relations.
12. The Successful Proposer shall designate a program manager who will be responsible for program
coordination and to provide a single point interface between Employee Relations and the provider on all
matters concerning the contract.
13. The Successful Proposer shall maintain a current record indicating the name, date and examination(s)
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Request for Proposals (RFP) 243229
completed, and results of each employee processed. The Successful Proposer(s) must submit a written
report and a summary of the results of all examinations and evaluations, compliant with FIIPAA, as well as
a list of recommendations to the Department of Employee Relations, 444 S.W. 2nd Avenue, 7th Floor,
Miami, Florida 33130, to each employee tested and upon request to the employee's personal physician no
later than 30 days after completion of examination. Reports not postmarked 30 clays after completion of
immunizations will be at no charge to the City.
14. The Successful Proposer shall maintain a complete file on each employee, H1PAA compliant, which
may be transferred to the physician of the employee's choice upon signed request.
15. The Successful Proposer must be in and maintain compliance with HIPAA and provide proof of such to
the City at time of submission and any time upon request during the duration of the contract.
16. The Successful Proposer shall maintain all financial records customarily used in this type of operation
in accordance with accepted accounting practice and standards. Employee Relations shall, through the City
Auditors, be permitted to examine and audit during ordinary business hours, the records of accounts.
17. Hepatitis A immunization protocol shall be conducted as follows:
- The first visit shall include a training module (may consist of educational video, brochures, questions
and answers, etc.): This visit shall be scheduled between 7:00 a.m. to 5:00 p.m. Monday through.
Friday, excluding legal holidays.
- After the training module, those individuals to be immunized will be given the first dose of the
Hepatitis A vaccine (HavrixTM A Adult) followed by the second injection six (6) months after the first.
Hepatitis A does not require a blood titer after vaccination. These vaccinations will be by
intramuscular injection. The dosing schedule for Hepatitis A vaccination is (0 and 6 months).
18. Hepatitis B immunizations protocol shall be conducted as follows:
- The first visit shall include a training module (may consist of educational video, brochures, questions
and answers, etc.). This visit shall be scheduled between 7:00 a.m. to 5:00 p.m., Monday through
Friday, excluding legal holidays.
- After the training module, those individuals to be immunized will be given the first dose of the
synthetic vaccine (e.g. Recombivax HB or Engerix FIB) followed by the second injection one (1)
month after the first, and the third injection six (6) months after the first. A (HBSAB) titer will be
drawn 1-2 months after the last injection. These vaccinations will be by intramuscular injection. The
dosing schedule for Hepatitis B vaccinations is (0-1-and 6 months).
- It is now recommended that those individuals who do not develop positive HBSAB's after a primary
series, repeat the entire series (one time only).
19. Hepatitis A and B combination vaccine (Twimix) - protocol shall be conducted as follows:.
- The first visit shall include a training module (may consist of educational video, brochures, questions.
and answers, etc.). This visit shall be scheduled between 7:00 a.m. to 5:00 p.m., Monday through
Friday; excluding legal holidays.
-After the training module, those individuals to be immunized will be given the first dose of the
synthetic vaccine (Twimix) followed by the second injection one (1) month after the first, and the third
injection six (6) months after the first. These vaccinations will be by intramuscular injection. The
dosing schedule for Hepatitis A and B combination vaccinations is (0-1 and 6 months).
Hepatitis immunizations are to be provided for the following classifications:
1) Police (all sworn)
2) Others as designated
Note: Protocol subject to revision as needed.
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Request for Proposals (RFP) 243229
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction 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 he 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.
ALL RESPONSES SHALL BE SUBMITTED IN HARD COPY FORMAT ONLY TO INCLUDE
ONE (1) ORIGINAL AND FIVE (5) COPIES.
Proposers must clearly indicate in its Proposal if submitting a Proposal for the provision of
GROUP 1 - Fire -Rescue Annual Physical Examination Services, including Hepatitis A and B
Program AND/OR GROUP 2 - Sworn Police Annual Physical Examination Services and Hepatitis A
and B program
1. COVER PAGE
The Cover Page should include the Proposer's name; Contact Person for the RFP; Finn's Liaison (Program
Manager) for the Contract; Primary Office and Facility Location; Local Business Address, if applicable;
Business Phone, Fax Number, and Email addresses; Title of RFP; RFP 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 no more than two (2) pages containing the Proposer's Professional
Experience and Qualifications, Proposer's Facility, including Location and Suitability, and Fee Proposal as
contained in the submittal. Include the name of the organization, business phone and contact person.
Provide a summary of the work to be performed by Proposer.
4. PROFESSIONAL EXPERIENCE AND OUALiFJCATIONS
a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in
business providing a similar service(s), and indicate whether the City has previously awarded any contracts
to the Proposer/firm.
b) Provide a list of all principals, owners or directors.
c)
-Physicians performing physical examinations (Submit copies of Board Certification in Internal
Medicine or Family Practice)
-Cardiologists
-Radiologists
-Audiologist
-Medical Professional Staff:
Registered nurse and/or licensed medical professional providing Hepatitis A and B
immunization.
Certified medical personnel administering ElepatittsA_ and B tests..__
d) Specify whether any of the physicians, cardiologists, radiologists, audiologists, and medical professional
staff, to be assigned to the City's account, have ever had any complaints filed against them. If so, disclose
and discuss.
e) Submit documentation demonstrating that Proposer is in compliance with the HIPA.A Act of 1996.
f) Provide a complete list of clients for which Proposer has provided physical examination services and
hepatitis A and B immunization as required in this RFP. This list should include those governmental
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Request for Proposals (RFP) 243229
entities of a similar size and diverse population to the City of Miaiiii fdr whom services have been
performed during the past five (5) years. Include the overall value of the contract, include the address,
phone number(s), e-mail address, and contact persons within each organization, and discuss proposer's
compliance with HIPAA. The City reserves the right to contact references as part of the evaluation process.
g) Provide a list of clients that have, for whatever reason, discontinued to use your services within the
past three (3) years, and indicate the reasons for the same. The City reserves the right to contact any
reference as part of the evaluation process.
5. PROPOSER'S FACILITY AND LOCATION
a) Describe where the primary work will. be performed. Include address of location and proximity to
City's corporate limits.
b) Provide a description of the Proposer's facility(s) for the services proposed. The City reserves the right
to visit all facilities cited within any Proposal submitted as part of the evaluation process.
c) Describe the facility's parking proposal for prospective or current Cif);employees, and indicate the
number of parking spaces available under the ensuing Contract.
d) Describe the facility's reception area, its size, seating capacity, and other amenities on the handling of
a number of City clients at the same time.
e) Describe the equipment to be utilized to provide all required services. Include any contingency plans or
backup (including location, if different) to the equipment should the equipment fail or for any reason not be
available under the Contract..
6. FEE PROPOSAL
a) Proposer shall use the Lines section of this RFP to provide the proposed fee(s) on an annual basis for
the provision of GROUP 1 - Fire -Rescue Annual Physical Examination Services, including Hepatitis
A and B Program AND/OR GROUP 2 - Sworn Police Annual Physical Examination Services and
Hepatitis A and B program.
b) If there are any additional fees that are necessary to meet the terms of this RFP, proposer shall detail in
their proposal response what those fees are.
c) Fees for services will be negotiated by the City with the Successful Proposer. Failure to provide
costs/fees shall deem your Proposal non -responsive.
7. 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 l 19 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.
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Request for lroposals (RFP) 243229
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Proposals shall be evaluated based upon the following criteria and weight:
CRITERIA AND PERCENTAGE
Proposer's Professional Experience and Qualifications: 35%
Proposer's Facility and Location: 30%
Proposer's Fee Proposal: 35%
TOTAL:
100°/n
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