HomeMy WebLinkAboutExhibit CKENNETH ROBERTSON JOHNNY MARTINEZ, P.E.
Chief Procurement Officer City Manager
ADDENDUM NO. 2
Informal RFP No. 291270
March 1, 2012
Informal Request for Proposals (RFP)L) Establish, Operate and Administer dot Miami
The following changes, additions, clarifications, and deletions amend the Informal RFP documents of the above
.captioned Informal RFP, and shall become an integral part of the Contract Documents. Words and/or figures
stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are
now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on
hand,
The Informal RFP closing date and time has been changed to Friday, March 2, 2012 at 1:00 p.m.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
Sincerely,
K nneth Robertson
Director/Chief Procurement Officer
KR/ ms
Cc: RFP. File
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
Page 1
oe).2‘,5- Exh Y. C
IMNNEZBRDBER7CN
ChirfProcui-einenl Officer
ADDENDUM NO. I
Informal RFIP No. 291270
JOl{NNTYKdARTINEZ.P.B.
Request for Proposals RFF) to Establish, Operate and Administer dot y0hmmni
Please find below Questions from prospective proposers and the Citv's Answers to those Questions received before
the, stipulated due date:
Q1: VVhsd is the schedule for decision making by the City ofMiami? We understand that bidders must reply by
March 01. and that |C8NN applicants must register boapply by yNarch29. When will bidders know the CUv's
decision?
Al: The City of Miami anticipates presenting enRFPaward recommendation to the city commission onThursday,
March G. 2012. We understand that there is a significant time constraint and will expedite all internal pi�pqesseo ^,
to ensure that the |CANN application can be completed timely,
Q2: Is it possible toensure the confidentiality of certain portions of responses to the RFP (e.g. certain technical
information and pricing)? If so, how should the bidder differentiate between confidential nieteria| and non-
oonfidantia|mateho[andvvhatkindaofprotectionmoybeaxpactedfromprovisionssucheu1.G0?
A2: Per Chapter 118�Florida 8tatuhas, sealed proposals are exempt from public record for e limited time: "Sealed
bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from
the provisions of subsection (1) and e. 24(a). Art. | of the State Constitution until such time as the agency
provides notice of decision or intended decision pursuant to s. 120.57(3)(a) or within 30 days after bid or
proposal opening, whichever is earlier." After that bnnefnamo. 611 portions of the p?oposn|s become public record,
Pursuant to RFP General Condition 1.85. "Trade Secrets" are exempt from public disclosure and this portion of
proposal must basubmi�od in o separate envelope and clearly identified as "TRADE SECRETS EXCEPTION".
Q2: {]urcompany does not maintain facilities orstaff in Dade county. How does the "First Source Hiring" policy
affect us?
/\3: The City'xFirst-Source Hiring policy quantifies job creation within the City ofMiami anaresult ofcontraot'owouds
and requires awarded contractors to enter into hiring agreements that benefit our local workforce. This is defined
further inCity Code Section 18-11O.
Q4: In 1.45. the RFP provides for the City to "perform such testa" as the City deems! necessary. What tests are
expected for this RFP7
/\4: The City of Miami has not yet set policy on testing for dot Miami TLOservice but reserves the right to require
same in the future.
:
Submitted into the public
record ioconnection with
items NA.3 on 03-08-12,
Priscilla A'l[hoompwwo,
City Clerk
Addendum No,1
RFP No. 291270 — Establish, Operate and Administer dot Miami
Submitted into the public
record ioconnection with
nteomwNA.3 on 03-08-12
Priscilla A'Thompson
City Clerk
February 27.2O12
QS: Will all official Chywebsites and communications be required to use the miami TLD names? How long will they
have to adopt the new names (e.g. how many months after launch will theconversion be complete)?
AS: The City of Miami has not yet set oohnv or timefnamefor conversion to dot Miami TLD for any official city.
ClG: The DNS is a global system.How does the City address this roa|dv in the context of the requirement that the
bidder "host all personal data in the United States"?
AG: -The intent of the restriction for "data hosting in the Unded States" is to ensure Mhattheregistnar, manxers, and all
registrar activities supporting the dot Miami TLD are within the jurisdiction of and subject to the laws of the
United Gbsban of America. Any exceptions to the specifications must be clearly reflected in your proposal so that
the City ofMiami may review and consider same prior bzcontract award.
Q7: Policy development must be overseen by the City and "relevant stakeholders." Please provide acomplete list of
all of the "relevant stakeholders" so that bidders may better understand who will beoverseeing the policy
A7: The City of Miami has not established o final list of stakeholders- for the dot Miami TLD. Generally speaking, the
Mayor, City Commission and City Manager set policy for the City of Miami
QD: Criterion #3 is "Financial Proposal', weighted 30Y6. How will the City assess the reasonableness of various
proposals?
AS: The City ofMiami views this enterprise asorevenue generating opportunity. Primary considerations will be, but
are not limited to: percentage of revenue share as compared to other proposers; proposed operational costs as
compared to odherpnoposers; transparency of financial |nformobonNnhzrmaUcm sharing as compared to other
proposers; financial strength as compared to other proposers; growth projections as compared to other
propusera.
Q8: Criterion #4is"Other Questions." Please tell uswhat the other questions are.
&9: This evaluation category is directly correlated to the questions -contained in Section 4 ofAttachment A.
010: ^2.5 Non Appropriation of Funds" makes the availability of proper funds to support nmarketing of the TLD,
somewhat uncertain. Bidders will be expected to advance significant funds to obtain the TLD from }CANN.
What assurance are there that at least out of -pocket funds will be re -paid by the City?
A10: The City intends on repaying certain start-up cost o incurred by the Proposer during the |CANN application
sthnough a standard deduction percentage of the gross revenue share over a period of time to be
determined by mutual agreement, The city does not expect to incur any expense liability or provide on indemnity
related to this RFP orsubsequent agreements entered into as aresult ofon award unless mutually agreed upon,
Marketing through City of Miami Channel 77 is an available resource to the City without cost,
O11: The |RFP states that hard copies must besubmitted tothe City Clerk sk85OD Pan American Ohwo, K8iorni' FL
33133. and Section 1.7SAofthe |RFP's Terms and Conditions (page22 of 84) states that if a proposal is
submitted bz*anyother address, it will be u
disqualified, However, Section 4.1 of the Special Conditions (Page 33
of34—"Submission Requirements") asks proposers to submit the response to 444 S.W. 2 "Avenua. Sixth Floor',
yWiorn|. FL 33130. Please advise whether the proposal (and all corresponding copies) is to be hand delivered to
one orboth locations.
—A01�-Ronponses�shoU��U
�besub��na000rdanme'w�h`Seo�on41.Su5��xz ssn-Requ|nannenta'
Submitted into the public
record ioconnection with
ibcomwNA.3 on 03-00-12
Priscilla A'Thompson
City Clerk
Addendum No. 1 February 27.2012
RFP No. 291270— Establish, Operate and Administer dot Miami
Q12: The "Terms and ConditioDo"santon of the /RFP routinely refers to a"FomarRequest for Proposal although the
official invitation is titled an "Informal Request for Proposal," Should Respondents assume that where it says
"Forma/"throughout the Terms and Conditions section that the City meant "|nhr[rne|^? If not, please explain as
to the difference between these terms, and how we should respond.
Al2: Yes.
Q13: Section 1.10AA of the |RFPs Terms and Conditions (Page 7 of 34) refers to a purchase order as port of the
contract documents. If the Purchase Order contains odditionaKnew|onguage. will the City make that available
before the March .1^'deadline?
A13: Aftaohed isacopy nfthe Terms and Conditions ofthe City ofMiami Purchase Order.
Q14: The |RFP refers to a Closing Date of March 1. 2012 at 13:00. Does that also represent the date/time when the
submissions will be opened? When does the City anticipate the award to be made?
A14: The RFP closing date and time is when the proposals will be opened, Refer to Q1 above.
Q15: Section 1.52ofthe |RFP~sTerms and Conditions (Page 1Gof34)states nothing inthe contract shall bedeemed
to or construed as a partnership between proposers and the City. However, the 3pacjo| Conditions and
Attachment Ato the |RFP makes numerous references to a "partnership with the City of K8|ann[" — (see e.g, Item
2.2.1 ofAtta'hment/0. Please advise ifp�4»noer should disregard Section 1.52 of the |RFP's Terms and
{�ond�onsand/orwhether the City does view this undertaking asone ofopartnership.
A15: The City plans on awarding and entering into m contract with the successful proposer to provide the services
defined inthe RFPand subject toits terms and conditions. This does not constitute ojoint venture. corporate or
other legal partnership other than as expressly defined in the contract between the parties.
Q16: Section 1.60 of the IRFP's Terms and Conditions (Page, 17 of 34) refers to the City poss'ibly requiring a proposer
to submit a Performance/Payment Bond, The Terms and Conditions at Sachon 1.11 (Page 7 of 34) refers to o
Bid Security/Bid Bond but notes that unless required bythe Special Conditions no Bond in required. As for'the
bond, the City did not reference a Bond in the Special Oond|dono, Will the City require proposers to submit
paymontiperfonnsnue bond? Proposer understands such bonds are primarily used in connection with
construction projects awarded pursuant to section 255.05 of the Florida Statutes and/or in design/build
construction projects. Please clarify.
A16: There is no Performance/Payment Bond required for this RFP.
Q17: Section 1.G1(G)(page 18of 34) requires that the City -of Miami's Response Form must be used when the
B is submitting its response in hardoopyform. However, Section 41. "Submission Requirements"
(page 33 of34) notes that a response that answers all the questions in sequence is acceptable. Noting that this
Pnoposar'o answers are considerably longer than the boxes in Attachment can occornnnodabs, please clarify
the apparent discrepancy between Section 1.G1(G)and Section 4.1.
A17; Responses shall be submitted in accordance with Section 4.1. Submission Requirements,
Q1B: Section 1.85, "Trade Secrets," (page 23,of 34) requires that that any information that is a trade secret should be
submitted }naseparate envelope clearly identified as "TRADE SECRETS EXCEPTION." Should the Proposer
(e) provide a complete response and in addition provide o separate envelope with any "trade secret exception"
materials, or /b) should the submission be divided into two parts, one with materials that are not trade secrets
Addendum No. 1
Submitted into the public
record ioconnection with
ibcomwNA.3 on 03-00-12
Priscilla A'Thompson
City Clerk
RFP No. 291270 — Establish, Operate and Administer dot Miami
A1B/The latter (b)option, The,submissionshould [mdivided into two parts, one with materials that are not trade
secrets exceptions, and the other clearly marked trade secret exceptions.
Q19: Gaodon 1.85. "Trade Georets.^ (paQe23 of34) requires that any information that is o trade secret should be
submitted in a separate envelope clearly identified as "TRADE SECRETS EXCEPTION," Section 4.1.
"Submissions Requirements" (page 33 of34) requires one original and seven copies of all submissions. Does
the City require one original and seven copies of any material that is a trade secrets exception?
A19: Yea
CJ21): Section 31 of the Special Conditions (Page 30 of 34. and Page 31 of34)'is unclear as to whether the City of
Miami will issue asupport letter authorizing the selected entity to proceed with the |CANN application in the
proposer's name (Section 3.1 - above "Scope of Work") OR whether the City expects the selected entity to
submit the application on the City's behalf (see "Application Preparation" section). Supplying a letter of support
tnthe winning proposer will be less expensive for the City, requires less City work effort, and provides a batter
chance for submitting the |CANN application before the April. 12 2012 |CANN deadline. Alternatively, the City'
can apply in its own name and hire the winning proposer as a service provider. This proposer is prepared to
work with the City in either scenar}o, but in order to be responsive to the |RFP we need to Know which o|UarnaUvo
the City envisions. Please clarify.
A20: The letter of support will be issued to the successful proposer authorizing than` to proceed with the ICANN
oppUcaton on behalf of the City of Miami. The City will assist with the application on an as -needed basis before
Q21: Section 3.1 of the Special Conditions to the /RFP (Page 31 of34 7 7echnkca| and Operations") states that
proposer ioto^[hos all personal data inthe United Stabas.^ Internet best practice recommends that data bekept
in geographically dispersed locations. Will the City allow data to be hosted in locations outside the U`S, provided
all other conditions ofthe |RFPare met?
A21: Refer bvQ6.
Q22r Section 3.1 of the Special Conditions to the iRFP (Page 30 of 34 — "Scope of Work") indicates that "[while the
City ofMiami currently intends to provide marketing and communications for dot PNIAJMi we are open to proposal
that include marketing and communications." There is nothing in the |RFP (other than the questions in Section
2.12ofAttachment A) that addresses amarketing and communications proposal, Tuthe extent proposer wishes
to submit such a proposal, is there any other specific 'criteria the City is looking for in evaluating such a
submission?
A22:No, the City will consider all marketing and communications proposals.
Q23: The |RFPrefers boaClosing Date ofMarch 1.2012ad13:OD. And, Section 2.10ofthe Special Conditions brthe
|RFP identifies the evaluation, selection and award procedure but does not identify any specific dates. Does
March 1~ represent the date/time when the submissions will be opened? After receiving and'opening the
prop000(a, when does the City anticipate issuing the award and/or corresponding letter of support to the
successful Respondent? Unless submissions to |CANN are made by April 12. 2012. this |FlFP will be rendered
moot. Irrespective of whether our firm or another is awarded the IRFP, at least 30 days will be required after the
City issues the award tosubmit the application to|CANN. Please advise aatothe time frames the City envisions
as it relates to the steps discussed in Section 2.19 of the Special Conditions.
A23: Refer toQ1and Q14.
Addendum No. 1 February 27, 2012
RFP No. 291270— Establish, Operate and Administer dot Miami
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
SncereIy,
Kenneth Robertson
Director/Chief Procurement Officer
KR/ ms
Cc: RFP File
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompsaii.
Page 5 City Clerk
BY ACCEPTING THIS ORDER, VENDOR AGREES TO THE FOLLOWING TERMS AND CONDITIONS
1,ACCEPTANCE oFPURCHASE ORDER: A Purchase Order is given for immediate acceptance by the VENDOR, Unless promptly notified to the
contrary, the CITY will assume the VENDOR accepts the order as written and will make delivery acspecified onthe document.
2. ENTIRE AGREEMENT: All specifications, drawings, and data submItted to the VENDOR with this order or the solicitation for this order are hereby
incorporated herein and made a part hereof. This contract contains the entire agreement of the parties, No charge -in quantities, prices, specifications,
terms, o,shipping instructions will buallowed except anwritten authority of the CITY vfMiami Purchasing Department. Any additional vrdifferent terms
and conditions proposed byVENDOR are objected toand hereby rejected unless specifically agreed muythe CITY.
3. INDEMNIFICATION: The VENDOR hereby agrees to indemnify, save, and hold harmless the CITY from all claims, demands, liabilities, and suits of
any nature whatsoever ariu/nQout of, because of, nrdue ,othe breach pfthe Agreement bvthe VENDOR, Its agents vremployees, nrdue toany act nr
occurrence of omission or commission of the VENDOR, Its agents employees. It is specifically understood and agreed that this indemnification
agreement does not cover or indemnify the CITY for Its own negligence or breach of contract,
4. MODIFICATION: The CITY may by written Order, make changes in the specifications If such changes are within the general scope n/the Contract. |f
such changes cause an increase or decrease in the VENDOR'S costs or in time required for performance of the Contract: (a) the VENDOR shall
prompuynut|fy the CITY and assert Its claim for adjustment and an equitable adjustment shall be made by the CITY and the Contract modified
accordingly, Nothing |nthis clause shall excuse the VENDOR from performing.
5.DEFAULT: Time Is of the essence of this contract and If delivery of acceptable Items or rendering of services is not completed by the time promised,
the CITY reserves the right without liability, in addition to Its other rights and remedies, to terminate this contract by notice effective when received by
VENDOR; as to stated Items not yet shipped or services not yet rendered, and to purchase substitute Items or services elsewhere and charge the
VENDOR with any and all losses incurred.
3, TRANSPORTATION CHARGES: Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight collect
Nithout the CITY'S written consent will not be accepted and will, at VENDOR'S risk and expense be returned to VENDOR. No charges will be allowed by
:he CITY for transportation, packing, cartage urcontainers unless otherwise authorized |othe Purchase Order.
7. UNAVOIDABLE DELAY: If the VENDOR is delayed in the delivery of goods purchased under the Purchase Order by a cause beyond its control,
VENDOR must immediately upon receiving knowledge of such delay, give written notice to the CITY and request an extension of time. The CITY shall
:xamino the request and determine If the VENDOR is onUUoU to an extension.
3.QUANTITY: Quantities furnished |nexcess ofthose ^pep|fieuinthe Purchase Order will not ieaccepted and will b"held atVENDOR'S risk and
,xpvnxe. .
3.|mOPECT0m: Materials orequipment purchased are subject tpinspection and approval atthe C|TY'3destination. The CITY reserves the fight to
-eject and refuse acceptance of items which are not in accordance with the instructions, specIfications, drawings, or data of VENDOR'S warranty
expressed or implied). Rejected materials or equipment shafl be removed by, or at the expense of, the VENDOR promptly after rejection.
10. WARRANTY: The VENDOR warrants that all goods and services furnished hereunder will conform In all respects to the terms of (his order, including
mydrawings, specifications, orstandards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and
ifle, and will be free from such defects in design. In addition, VENDOR warrants that said goods and services are suitable for, and will perform in
iccordance with, the purpose for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly
;peclfied in this order. The CITY may return any nonconforming or defective Items to the VENDOR or require correction or replacement of the item ot the
ime the defect ixdiscovered, all at the VENDOR'S risk and expense . Acceptance shall not relieve the VENDOR of Its responsibility.
|1.REGULATORY COMPLIANCE: VENDOR represents and warrants that the goods orservices furnished hereunder (including all labels, packages,
3nd containers for said goods) comply with all applicable standards, rules and -regulations in effect under the requirements of Federal, State and local
awn.including the oocu dna|oo/oty and Health Act as amended, with respect to design, construction, manufacture or use for their intended purpose
)fooid goods or services. VENDOR shall furnish "Material Safety Data Sheets" in compliance w1th the Florida Right To Know Law, Florida Statutes,
'xanmr442.
12. ROYALTIES AND PATENTS: VENDOR shall pay all royalties and license fees. VENDOR shall defend all suits or claims for infringement of any
/m|nt copyright or trademark rights and shall save the CITY harmless from loss onaccount thcmvv[
|3.PAYMENT: Payments will bnmade inaccordance with the terms onthe face of this order, orthe VENDOR'S invoice, whichever are more favorable
othe CITY and payment date therefor shall bocalculated from the receipt vfinvoice vrfina|acceptance pfthe goods, whichever ivlater.
14. IDENTIFICATION: Invoices -in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the
ace ofthis order, otherwise ' payment of VENDOR'S account may be delayed. The Purchase Order Number shall appear on all invoices, boxes,
`ackaVwx shipping documents and correspondence, and the list of contents shall be enclosed In each box or package.
15.TERM|NxT0ti
me, n �oninototh|annderinwhn|uo,|nport wri
tten
Jnun termination for convenience nfBuyer, the Buyer will assume responsibility for specific contractual o, scheduled financial commitments made prior
onotice nrtermination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the
nupontyofthe8uyor.|f.huwevur.terminoUonisonousionedbythoVENDOR'Sbreachnfanyoond|tionhoruof.(nc|udi"gbroachwansnty.prby
/ENDOR'S delay, except due to circumstances beyond the VENDOR'S control and without VENDOR'S fault or negligence, VENDOR shall not be
vnUUodtoany claim orcosts stoany pmfitreferred toinsaid clause, and Buyer shall have against VENDOR all remedies provided by law and equity,
)O.TAXES: CITY of Miami bexempt from State and local taxes. Exemption number isprinted onthe reverse side hereof. This Order shall serve asthe
,xemptivnvort|5oo(o.
17. LAW GOVERNING: This contract shall be governed by and construed according to the laws of the State of Florida,
18.ASs|GNMENT: Any assignment of this Purchase Order, including any performance of work hereunder, in whole or in part, or monies due hereunder,
;hall be void unless consented to by CITY in writing and CITY shall have no obligations to any assignee of VENDOR under any assignment not
;onsentedmi writing hyTHE CITY.
19. TERMS: The order total shall be paid by the CIT-Y upon receipt of invoice from VENDOR which shall be subject toverification astnquantities and
quality o(goods delivered orservices performed. .
ZV�T/X: VENDOR doing business with the CITY shall not be exempt from paying sales tax (otheir suppliers for tho)^tv fulfill contractual obligations
^4th the CITY, nor shall any VENDOR beauthorized touse the CITY Tax Exemption Number in acquiring such materials, '
Z1.LOCAL RESOURCES: VENDOR shall give first priority to utilizing resources in the disaster area, 4nrluding but not limited to procuring supplies and
3quipmeot.awarding uub-oontracm.and employing workmen.
22. PAYMENT CHANGES: Payments will only bumade to the company and address as set forth on Purchase Order unless the VENDOR has
requested a change thereto on official company letterhead, signed by an authorized officer of the company,
23. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code (Chapter 672, Florida Statutes) shall prevail as the basis for contractual !
obligations between the VENDOR and CITY for any tnnno and conditions no/apecifica||yoioted in this Purchase Order. '
24. |�oUR�N���|n�hnpvon|�a�innuencaioroquimUby�he�|T,|nvpnnucuon�|m�isPurd`�000,ga,V�N���uha|)p,nviu��n|nnu /
� . Insurance
Certificate, in a form acceptable to the CITY, naming the C17-Y as an additional insured, as proof of compliance therewith which said certificate shall /
constitute part v[this Purchase Order.
25. BONDING: The CITY reserves the right to require the VENDOR to post a performance and payment bond in the amount of One Hundred percent |
uOU%4�c�ha'eu�hox��O�����.�upyg-��a��ca�xucb'Umo�eoo mu'nanno,a�b��|TY |
_ _ _ _ _- o. / |
,="�m,�.om.�"uh
items aA.3""03- 08-12 ' |
Priscilla ^`Thompson | �
City Clerk
.(
City of a
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number: 291270
Title: Informal Request for Proposals to
Establish, Operate and Administer dot
Miami
Issue Date/Time: 17-FEB-2012
RFP Closing Date/Time: 03/01/2012 @ 13:00:00
Pre -Bid Conference: None
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Wednesday, February 22,2012 @ 5:00
p.m.
Buyer: Suarez, Maritza
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
msuarez
(305) 400-5025
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 1 of 34
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 he firm for a
minimum of 180 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 thal 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:
SUPPLTFR NA.ME•
ADDRESS •
PHONE: FAX
EMAIL • BEEPER.
SIGNED BY •
TITLE: DNI E:
FAILURE TO COMPLETE_ SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk'
Pa e 2 of 34
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 Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-1 05 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.
Will Subcontractor(s) be used? (Yes or No)
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 3 of 34
Line: 1
Description: Disregard this line item. Refer to Section 3 of Attacment A for the Financial
Proposal
Category: 96258-00
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 4 of 34
Request for Proposals (RFP) 291270
Table of- Contents
Terms and Conditions 6
I. General Conditions
1.1 . GENERAL TERMS AND CONDITIONS .6
2. Special Conditions 24
2.1. PURPOSE
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 24
2.3. TERM OF CONTRACT 24
2.4. CONDITIONS FOR RENEWAL 24
2.5. NON -APPROPRIATION OF FUNDS
2.6, PRE-BID/PRE-PROPOSAL CONFERENCE 24
2.7. MINIMUM REQUIREMENTS 24
2.8, CONTRACT EXECUTION '75
2.9. FAILURE TO PERFORM
2.10. INSURANCE REQUIREMENTS
2.1 I. CONTRACT ADMINISTRATOR
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
2,13. TERMINATION
2.14. ADDITIONAL TERMS AND CONDITIONS
2.15. PRIMARY CLIENT (FIRST PRIORITY)
2.16. UNAUTHORIZED WORK
2.17. CHANGES/ALTERATIONS
2.18. COMPENSATION PROPOSAL
2.19.'1NFORMAL EVALUATION/SELECTION PROCESS AND CONTRACT AWARD .....28
2.20. ADDITIONAL SERVICES 29
2.21. RECORDS "9
2.22. TRUTH IN NEGOTIATION CERT1F1CA1E 29
3. Specifications ..... ..... . ............. . ..... ..... .„...... ..... ..... ...... ...... ...... .................. . ....... 30
3.1. SPECIFICATIONS/SCOPE OF WORK 30
4. Submission Requirements 33
4.1. SUBMISSION REQUIREMENTS 33
5. Evaluation Criteria 34
5.1. EVALUATION CRIIERIA 34
25
25
27
27.
27
28
28
28
28
28
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson.
City Clerk
Page 5 of 34
Request for Proposals (RFP) 291270
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Intent: The General Terris and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of interest pursuant to the City of
Miami 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 EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed 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 Citynof 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 City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a shnilar 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.miaminus/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the foinial solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to forrnal 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, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEIPS FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the each party shall bear their own 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 retainany and all ciftlfe-boOks', doeuntents-;Tapers and'records-pertinentto-the-Contractfor--
Pacre 6 of 34
Request for Proposals (RFP) 291270
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1;9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations,
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place•its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
eement,
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 docwnents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next 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.
Submitted into the public
D. The tenn of the contract shall be specified in one of three documents which shall be issued to the record in connection with
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or items NA.3 on 03-08-12
contract award sheet. Priscilla A. Thompson
City Clerk
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract tenn in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify, the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract terni shall conclude
upon completion of the expressed or irnplied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump suni or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. 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 be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney,
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Pace 7 of 34
Request for Proposals (RFP) 291270
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder!s/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All fonns 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 rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When biddinproposing 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 be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before 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 firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, 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.
Submitted into the public
_ - -record in.connectionAvith ,
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 8 of 34
Request for Proposals (RFP) 291270
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.
B. 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.
G. National Institute of Occupational Safety Hazards (NlOSFI), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. COne of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
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 City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFL1, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or
pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or 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 fonn of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 9 of 34
This Ian
'guu'gcisonly asummary u[the key prov�sinnmn{the Cone o[Silence. Please review City of
k4iumi Cod, Section 18'74 for complete and thorough description of the Cone of Silence. You mey
contact the City Clerk u/30j-250'88V,/oobtain ucopy o[same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subJect to tile Florida
Sunshine Act and Public Records Law. (fthis Contract/Agreement contains a confidentiality provision, it
ahuU have nnapplication when disclosure is required by Florida law or upon court order.
l'%Z CONFLICT 0FlN7ERE8T-8idderx/Pmposun` by responding to this Ponna| So)ici\ubon, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially int:mxted, directly or indirectly, hi tile purchase nf gnocb/surviuesopuoified in this yoono|
Solicitation. Any such interests on the pari of tic Bidder/Proposer or its employees must be disclosed in
whhnOmthe City. Further, you must disclose the name o[any City employee who owns, directly nr
indirectly, an interest offive percent (5%) or more of tile total assets of capital stock inyour firm.
A. Bidder/Proposer further agrees not touse orattempt touse any knowledge, property orresource
which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or
exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not
available tomembers ufthe general public and gained hyreason ofhS8hm/imposition, except for
information relating exclusively to governmental practices, for his/fier/its personal gain or benefit or for tile
personal gaiii or benefit of an), other person or business entity.
B. 8iddor/Prupcmor|ime6) acknowledges that 6e/she/b has not contracted or transacted any business
with tile City or any person or agency acting for the City, and has not appeared bi representation, of any
third part), before an), board, commission or agency of the City withhi the past two years, Bidder/Proposer
further warrants that he/she/it is not related, specifically the spouse, son, daughter, purcot, brother ursister,
to: (i) any member nfthe commission; (ii) tile mayor; (iiU au}'city employee; nr(iv) unymember ufany
bound oragency ofdie City.
C. Aviolation ofthis section may subject the Biddor{Prupomertoimmediate termination nfany
professional services agreement with the City, imposition ofthe maximum fine and/or aoypenalties
allowed by law. Additionally, violations may bxconsidered byand subject to action by the Miami -Dade
County Commission unEthics.
l'2J.COPYRIGHT O]KPATENT RIGHTS —Bidders/Proposers warrant that there has been noviolation
of copyright or patent rights in manufacturing, produciiig, or selling the goods shippedoronderadund/or
services provided us uresult ofthis formal xo\i:icudoo, undhidders/propoouo agree to hold the City
kuon\uox fromunyand all liability, loss, nrexpense occasioned by any such violation.
1'24. COST INCURRED BY BIDDER/PROPOSER ' All ozpeoxvs involved with the preparation and
submission o{Responses tuthe City, orany work, performed in connection therewith ohuU be borneb9'the
Biddez(u)8`rnpo»or(o).
1.26.I»0BARMEyxT AND SUSPENSIONS (See I0-107)
(o)Authority and requirement todebar and suspend. After reasonable notice tounactual orprospective
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 attomey, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of c4 Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the c4 attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the followling
Z:�
(l) Conviction for commission of criminal offense bcidun/ to obtaining orattempting to obtain u
public nrprivate Contract orsubcontract, orincident tothe performance ofsuch Contract or
subcontract.
(2) Conviction under state mfederal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, oranyother offense H'idicating n lack ofbusiness
�
integrity orbusiness honesty. Submitted into the public '
record ioconnection with i
- _
items -N1.3vo-03�0±12—
Priscilla A.Thompson } �
City ClerkPa-i |
| /
-=' 10 — 34
'
Request for Proposals (RFP) 291270
(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 terns and conditions of a Contract or to perforni within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a parry shall not be
considered a basis for debannent or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below,
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(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 parry's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. 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 assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
Submitted into the public
.• ..record in.,connection with _.., _
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 11 of 34
Request for Proposals (RFP) 291270
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the fonnat 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 Terrns
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - in the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City.with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency,
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractorin cases involving RFPs,
RFQs, and RFL1s, 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 contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices w 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;
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 12 of 34
Request for Proposals (RFP) 291270
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 terms and
conditions of any previous contract with the City or deliver on time contracts of'a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
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. Thelerms
"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 consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, 'including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35, EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer mustne F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
137. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of tirne.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110)
(a) The Commission approves implementation of the first -source hiring agreementpolicy 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: Submitted into the public
„ record iksonnection with
items NA.3 OR 03-08-12
Priscilla A. Thompson
City Clerk
Page 13 of 34
Request for Proposals (RFP) 291270
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, 1iicorporated, 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 of the city
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in.
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January lst.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. 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 terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
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-perrnitted 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 IIHI/PHI will be held confidential;
_ „„,
.......Submitted into the public
reCord'in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City clerk
Page 14 of 34
kequest tor Proposals (xi-F') 9i 2.1U
E. Making Protected Health Information (PE-11) available to the customer;
F. Making PHJ available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PH1 available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the forrn 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.
L43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its
officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers,
agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages
arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or
employees were negligent. These indemnifications shall survive the term of this Contract. In the event
that any action or proceeding is brought against City by reason of any such claim or demand, Contractor
shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory
to City. The Contractor expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be brought against
City whether performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and which conforms to the
limitations of §725.06 and/or §725.08, Fla. Statues, as amended from dine to time as applicable.
Contractor shall require all Sub -Contractor agreements to 'include a provision that they will indemnify the
City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated either
through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
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 City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
Submitted into the public
record in connection with
items NA.3 on 03-08-12
— — PrisCilra- A. Thompson
City Clerk
Page 15 of 34
Request for Proposals (R.FP)29|27V
will not be made available until such tirne as tile City provides notice of a decision or intended decision or
within /0days after bid c|csinc.whichever is earlier. Bid/Proposal results will hotabulated and may he
furnished upon noquux| via fax or e-mail to the Sr. Procurement Specialist iouin�tho Solicitation.
Tabulations also are uvui|u6)o oil the City'x YVoh Site following recommendation for award,
1.47. INSURANCE ' YVidbix tun (10) days after receipt ofNotice ofAward, the successful Contractor,
shall furnish Evidence o[Insurance tnthe Puchuoin�C)upuno,ont' if applicable, Submitted evidence of
uo,umcruobuU demonstrate strict compliance tnall requirements listed on the Special Conditions cnddcd
"Insurance ncquimmenm"The City sbuU be listed as an "Additional Insured."
Issuance ofaPurchase Order iscontingent upon the receipt of proper insurance documents. If tile
insurance curtifimuoixreceived within tile specified time framnbut not inthe manner prescribed inthis
Solicitation the Contractor shall be verbally oox/Ond of such deficiency and obmU have an additional five (5)
calendar days tnsubmit ucorrected certificate tothe City. lfthe Contractor fails tosubmit tile required
insurance documents indie manner prescribed iothis Solicitation within fifteen (%5)calendar days after
receipt Notice oyAward, the contractor shall bcbndefault ofdie contractual terms and conditions and shall
not be awarded dho contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses tuthe City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, m444 3VY 2nd Avnouo, 9tb Floor, Miami,
F|oridaS3lJO.305'4l6'|6O4.
The Bidder/Proposer shall huresponsible for assuring that the insurance certificates required in
conjunction with this Section remahi in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
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 /\cd.
1.40.LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest
bid price, and the bid submitted by one or more responsive, responsible iocal bidders who maintain a local
office, as defined in Section 18'73. is within fifteen perccot()5Y6) ofthe price submitted by the non -local
bidder, then that unn-locu|bidder and each oftile aforementioned responsive, responsible local bidders
xhuU have tile opportunity ,osubmit o hxm and buu) hid equal to or lower than the amount of the low bid
previously submitted b}'tile non -local bidder. Contract award shall bomade to the lowest rcxpuooivc`
responsible bidder submitting the lowest best and final bid. Lodie case nfo dc in the best and bou| hid
between a local bidder and a non -local bidder, contract award shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in tile exercise of the
reasonable professional discretion of the City Manager, director of the using agency, and the Chief
Procurement Officer, inciude a five (5%) percent evaluation criterion in favor of proposers who maintain a
local office, as defined in Section 19-73. In such cases, this five (5%) percent evaluation criterion in favor
nfproposers who maintain alocal oƒOcewiU hospecifically defined iothe RFP'RFL]orRF(),00
applicable; ndhon"iuu, dwill not apply.
l.90.MAIVUFACTU0ER^SCERTIFCAI)0N'The City reserves the ,i�bttorequest 1�om
bidders/proposers aseparate Manufacturer's Certification ofall �� o�ennntomade iothe hid/propoxul.
Failure toprovide such certification may result iuthe n�ooinu of6id/pvnpnxa) or termination of
contract/ag,reement, for which the bidder/proposer must bear full liability.
l.5lMODIFICATIONS QR CHANGES IN PURCHASE ORDERS AND CONTRACTS -No
contract orunderstanding 0mmodify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall hobinding upon the City unless made inwriting bythe Director ofPurchasing ofthe City
ofMiami, Florida thvuu�h the issuance change order, uddcndmo, ommndmon1, nruupp\oo�outtothe
contract, purchase order oraward sheet uoappropriate.
l'52.MOPARTNERSHIP 0R JOINT VENTURE ' Nothing contained inthis Contract will bedeemod
or construed to create a partnership orjoint venture between -die City of Miami and Contractor, nrtncreate
any other similar relationship between the parties,
l'S3.NOMC0NF0RYIANCD70CONTRACT CONDITIONS -800mm�he�z���omopDuoue
wuumi"""ium,u,ruux«
''-_—record i?��n,mnou"im
x,mxN\�ou
rriscill*A.rhommm
'City Clerk
Page 16 of 34
Request for Proposals (Kt.?) Z9l' . iU
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged 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 goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. 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 Forma] Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article 1 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, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. 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 times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. 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.
1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price. Submitted into the public
record in connection with
items NA.3. on 03-0842 _.
Priscilla A. Thompson
City Clerk
Page 17 of 34
Request for Proposals (R-FP) 291270
]^6LPREPARATION WF RESPONSE S(BARDCQPY FORMAT) —8iddors/Pmposomare expected m
examine die specifications, required delivery, drawings, and all special and genum/conditions. All
bid/proposed amotints, if required, shall be either typewritten orentered into the space provided,with ink.
Failure tndnxowill be at the Biddex'o/Prupoxer'o risk.
A. Each Bidder/Proposer shall furnish tile information required in tile Formal Solicitation. The
Bidder/Proposer shall sign the Response and print boink urtype tile name of tile Bidder/9ropoanr.address,
and telephone number ontile face page and on each coodouubun sheet thereof on which lie/she makes an
omtry, as required,
B. Ifmrequired, tile unit price for each unit offered shall 6cshown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises uoleuxoth*n*ixo
specified. Biddm/Propmoshal| include in tile response all \uxcn, insurance, social xc:urity, workmen's
compensation, and any other benefits normally paid by the Bidder/Propoxurto its employees. If
applicable, uunit price shall bcentered imthe "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposei- must state a definite time, if required, in calendar days for delivery ofgoods
anclJor services,
D. The Bidder/Proposer should retain acopy nfail response documcnmfor future reference.
D. Ali responses, aodescribed, must 6ufully completed and typedcvprinteduoink-andnnumbeu�ncdin
iuk with the Onm'uname and by an officer or employee having authority to hind the company or firm by
his/her signature, Bids/Proposals having any erasures or corrections must be initialed in ini, by person
sign iogthe response orthe response may 6orejected.
F. Responses are toremain valid for atleast }80days. Upon award ofucontract, the content ofthe
Successful Bidder's/Proposer's response may be hicluded as part of the contract, at the City'sdiscretion,
G. The City ufMiami's Response Forms uba|| be used when Bidder/Proposer is submitting its response in
hurdcnpy6/onn1. Use ofanyother forms will result in the rejection nfthe response, IF SUBMITTING
BAlDCOPYFORMAT, THE ORIGINAL AND THREE (3}CQPQESOFTHESE SETS OFFORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TOTHE CITY ODYOUR RESPONSE MAY BEDEEMED N{)N'RESP0NSPvrE.
1.62.PRICE ADJUSTMENTS — Any price decrease effectuated durin�the 000�uctperiod either by
reason o[market change orunthe part ofthe contractor toother customers shall hupassed ontothe City nf
1.63.PROD0CT SUBSTITUTES 'lothe event oparticular awarded and approved manufacturer's
product becomes unavailable during the term ofthe Contract, the Contractor awarded that itemznuy
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
l.64.CONFLICT QFINTEREST, 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 an), person an), fee, commission, percentage, brokerage fee, or gift of an), kind contingent upon or in
cnomoudun v'ith, the award o[this Contract.
1.65. PROMTT PAYMENT —Bmay u�uc��o�����m�h��v�
discounts shall not be considered in determining Who lowest net cost for response unduodon purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Fnonu|
Solicitation. lfooprompt payment discount ixbeing offered, the Bidder/Proposer must enter zero (0)for
the percentage discount to indicate nodiscount. If the Biddur/yroposorfails toenter ypercentage, i/ is
understood and agreed that the terms shall he2%20days, effective after rocciptofinvoice or final
acceptance by the City, whichever is later.
Submitted into the public
When the City is��idodmacash discount, the period nfcomputation will commence oothe date of record k,uvuu»cdvuwdb.
do6vury.orreceipt nfacon�cdycomp|�edinvoice, whichever iola�r. Ifooa�ummuo|inpayment is
items N1.3vu 03'0812 /
Priscilla A. Thompson,
i
/
Pacyo}8of34 �
Request for Proposals (R-FP) 291270
oeomoar),due mdau�c.�c�di��p���uO��o�on�d�fi�z�n�|�vp�m�t
is authorized. lfadiscount ispail ofthe contract, but the invoice does not reflect the existence o[ocash
discount, the City is onbdod mu cash discount with the period commencing onthe date it is determined by
the City that ucash discount applies.
Price discounts off the originalprices quoted onthe Price Sheet will be accepted from successful
bidders/proposers during the term ofthe contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modificabon, otudy, etc., shall remain the property of the City
of Miami. Darnages 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 Mianii
xhuU be the responsibility of the Contractor, In the event that such property is duxvnyod or declared u total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation ofthe property, ifany.
1.67. PR[)9I8}ONS BINDING ' Except as u*hunvixe expressly provided in the resulting Contract, all
covenants, conditions and provisions ofthe resulting Coo�mu� shall be binding and shall inure to the
benefit ofthe parties hereto and their respective heirs, legal representatives, successors and assigns.
1'68.PDBl.IC ENTITY CRIMES 'A person or affiliate who has been placed on the convicted vendor \io/
following a conviction for a public entity crime may not submit a response on a contract toprovide any
goods or services to a public :n6r7, may not submit u response on a contract with u public entity for the
construction orrepair ufupublic huildbo&orpubUcwork, may not xuhmdresponses onleases nfreal
property toa public entity, may not be awarded or per -form work as ucootmctor' supplier, subcoutructor, or
consultant under acontract with any public entity, and may not transact business with any public aubzy in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date n[being placed onthe 'convicted vendor list.
1'89.PUBLIC RECORDS 'Contractor understands that the public shall have access, utall reasonable
tinuu, to all documents and bofn000don pertaining to City couuaoto, subject to the provisions of Chapter
1l9'Florida Statutes, and City ofMiami Code, Section IS, Article III, and agrees toaQo=access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
rch/xo| tvcomply with the provision ofthis section shall result in the immediate cancellation of this
Contract b>'the City.
}.70.QUALITY OF GOODS, MATERIALS, 8DPPLQ38,PRODUCTS, AND EQ0IPM[ENT'All
materials used in the manufacturing or construction of supplies, mmumriu)x, or equipment covered by this
solicitation shall hunew. The items bid/proposed must boofthe latest make nrmodel, nfthe best quality,
and of the highest grade ofworkmanship, uoiooasodbon*iouopcciOudbndbiuSn\icimdoo.
' �Ko���C^��/8 �`�| 8 �bwork/servicesd b f h li l.7]. ��D'��lT � CB - �pvr�xzno mum be the highest quality
and workmanship. Materials furnished tocomplete the service shall honew and of the highest quality
except uxother-wise specified hi this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, urrevised rocomply with the law.
}]9.RDS0LDT%CoN OF CONTRACT DISPUTES (8ec. 18-}05)
(a)Authority mresolve Contract disputes. The City Manager, after obtaining the approval ofthe city
aoum/vy, shall have the authority tm resolve controversies between the Contractual Part), and the city which
arise under, cxbyvirtue of, uContract between them; provided that, iocases involving anamount greater
than $25,000, the City Commission must approve the City Manager's decision, Such authority extends,
without limitation, tncontroversies based upon breach nfContract, mistake, misrepresentation orlack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
K8uougu,.
(b) Contract dispute decisions, If a dispute is not resolved by mutual consent, the City Managger shall
Submitted into the public
promptly render uwritten report stating the reasons for the action token b>'the City Commission orthe City record iuconnection with
iteom2A.3^uo3'o8-/z
Priscilla A.To^mrwu
City
Page 19uf34 /
Request for Proposals (REP) 291270
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party'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. 1S-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
I.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
inay 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 shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be 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 website 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 filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when 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 arid 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 nin shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
Submitted into the public
record in connection with
--- -items NA.3 on. 03-08-12 .
Priscilla A. Thompson
City Clerk
a
20 of 34
Request for Proposals (RFP) 291270
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs, All costs accruing from a protest shall be assumed by the protestor.
(I) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. 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)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. 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,
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
Submitted into the public
record in connection with
iteitiSNA:3 ott - - -
Priscilla A. Thompson
City Clerk
Page 21 of 34
Request tor Proposals (Ith'P)'2912'/U
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, al or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFL1. 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. Hardcopy responses received 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 US 1. US I SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RJGHT ON PAN AMERICAN DR, CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT, •
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RJGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT,
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 must 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 Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer,
1.81. 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 City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. 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
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 22 of 34
Request for Proposals (RFT) 291270
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 21 8.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. 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 conies 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 firm's name and the Solicitation number and title marked on the
outside.
Piease 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 attorney's fees and for costs and
attorney'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 ofhis/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work perforrned 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 mentionedior imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
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.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 23 of 34
Request tor Proposals 0(PP) 2912/U
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the Establishment, Operation and Administion
of dot Miami, as specified herein, from a source(s) of supply that will give prompt and efficient service
fully compliant with the temis, 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: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miamillais. The solicitation title and number shall be referenced on al]
correspondence. All questions must be received no later than Wednesday, February 22, 2012 @ 5:00 p.m..
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 terms:
(1) The term of the Contract(s) shall be for five (5) years with an option to renew for two (2) additional
five (5) 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, terrns and conditions
established herein.
(2) Availability of funds
2.5. NON -APPROPRIATION OF FUNDS
ln the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, 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
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.6. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.7. MINIMUM REQUIREMENTS
The following represent the minimum qualifications for a Firm to be considered for the provision of the
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 24 of 34
Request for Proposals (IQ/u
Services. Failure to meet each of the following qualification requirements, and/or failure to provide
sufficient detail and/or documentation in its Proposal to determine responsiveness by the City, will result in
the Proposal being deemed non -responsive.
1. Successful Proposer must demonstrate successful extensive experience providing the services contained
herein.
2. Successful Proposer must possess sufficient qualified, experienced, and trained staff to provide the
Services outlined in this RFP.
3. Meet or exceed all elements of the Scope of Services.
Additionally, proposer shall provide responses to all of the questions outlined in Attachment A.
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 ("Contract") with the City. The City reserves the
right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to
be most advantageous and in the City's best interest, Such Contract will be furnished by the City, will
contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by
the City Attorney.
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 perforrn according to specifications, 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,
Miarni, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
1. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Personal and Adv. Injury
Products/Completed Operations
B. Endorsements Required
City of Miami included as an Additional Insured
Contingent & Contractual Liability
S1,000,000
$ 2,000,000
$ 1,000,000
$ 1,000,000
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 25 of 34
Request tor Proposals (tcrr)
ises and Operations Liability
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident
B. Endorsements Required
City of Miami included as an Additional Insured
IV.
A.
$ 1,000,000
Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
V. Professional Liability/Errors and Omissions. Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Deductible- not to exceed 10%
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the bidder.
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 Tess 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,
Oldwicic, 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.
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer in accordance to policy provisions.
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)
Page 26 of 34
xequest ror rruposins km.r r)
calendar days in advance of such expiration.
—In the event that expired certificates arc not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(4) 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.
(5) 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 Terms 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 with Ms. Cindy Torres, who shall be designated as
the Contract Administrator,
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer
or Proposer's firm to assist in the performance of services required under this Solicitation. A
Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City.
Sub -Contractors are allowed by the City in the performance of the services delineated within this
Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the
performance of required services. The City retains the right to accept or reject any Sub -Contractors
proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities
regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for
each Sub -Contractors must be maintained in good standing and approved by the City throughout the
duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be
employees or agents of the City. Failure to list all Sub -Contractors and provide the required information
may disqualify any proposed Sub -Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant 'information required of the Proposer. in addition, within five (5) working days after the
identification of the award to the Successful Proposer, the Successful Proposer shall provide a list
confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable.
The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor,
the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any
applicable licenses, references, ownership, and other information required of Proposer.
Submitted into the public
record in connection with
2.13. TERMINATION items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of 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, (1) 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.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
Page 27 of 34
Kequest ror rropusais t..K.rr) zy 1.;
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 terms 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 warranties, 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 fonn attests to this.
2.15. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)/proposer(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 bidder(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 work until a 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 detail any and all fees and costs to provide the required services as listed herein, and
as indicated in Attachment A, Section 3. Financial Proposal.
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 required shall disqualifi, Froposerfroin consideration.
2.19. INFORMAL EVALUATION/SELECTION PROCESS AND CONTRACT AWA
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
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 28 of 34
Kequest Tor rropos-als ki‘rri L.714 ft/
(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 comprised of a appropriate City Staff from the City, andlor members of the
community, as deemed necessary with the appropriate technical expertise and/or Icnow ledge, 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.
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation
to the City Manager for acceptance and award upon certification of compliance with competitive
negotiations method by the Chief Procurement Officer, pursuant to Section I 8-86 (b) of the City of
Miami Code.
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.
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.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 29 of 34
3. Specifications
3.1, SPECIFICATIONS/SCOPE OF WORK
The City of Miami is seeking a qualified firm ("Successful Proposer") with the background and experience
to establish, operate and administer the clOt MIAMI top-level domain, in accordance with the following
scope of work. The City intends on providing the Successful Proposer with a letter of
support/non-objection during the ICANN application process. Should the contract be terrninated as defined
in Section 2.13, the City reserves the right to rescind this letter of support/non-objection.
meques[ iur rruposats kn_r.r) I
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
SCOPE OF WORK
Successful Proposer shall:
1. Work with the City of Miami to successfully apply to the Internet Corporation for Assigned Names
and Numbers (ICANN) for the dot MIAMI top-level domain (TLD). The Successful Proposer shall
provide complete answers to questions 23-44 of the ICANN Applicants Guidebook ICANN New gTLD
Applicants Guidebook, as updated 11 January, 2012, or subsequent versions if any further changes are
made before April 12, 2012 g a o ican s ad)
2. Establish, operate and administer - technically, financially and operationally - the dot MIAMI TLD,
for an initial period of five years with the possibility to extend for ten additional years
3. Develop policy and advise the City of Miami on overall strategy for dot MIAMI, on an ongoing basis
and as required, consulting stakeholders subject to oversight of the City of Miami.
There are six types of functions involved in starting and running a registry:
Application preparation
Pre -launch
Technical & operations
Outreach & communications
Policy development
Operations & customer support
A partnership model has been chosen to best allocate these functions between the City of Miami and the
Successful Proposer:
The City of Miami will maintain overall oversight and control of the gTLD, run the application
process for the domain, manage marketing and communications and closely oversee policy development.
The City retains the right to reject any use of the gTLD for purposes that are not in accord with the City's
Charter, Code of Ordinances, Resolutions and Policies.
• The Successful Proposer will provide application support, pre -launch, technical and operations.
Responses to the RFP will be evaluated on the basis of ability to provide these services and complement the
City of Miami's existing strengths.
While the City of Miami currently intends to provide marketing and communications for dot MIAMI, we
are open to proposals that include marketing and communications. This RFP does not specify those tasks
and objectives, and does not require RFP respondents to include a marketing and communications proposal
beyond providing responses to the questions in Section 2.11. If RFP respondents wish to submit a
marketing and comrnunications proposal, they should do so in a single, separate and referenced document
submitted with its response.
Regarding financing the application and operation of dot MIAMI, the Successful Proposer shall be
required to pay the ICANN application fee of US$185,000 on behalf of the City of Miami. The City of
Miami will support future marketing and communications resources on an as needed basis and as
negotiated between the parties. The City reserves the right to negotiate a future reimbursement schedule
for any unanticipated out-of-pocket expenses that are incurreed by the City in support of this effort.
We are interested in financial proposals from potential partners including arrangements for an initial five
years of:
• Fiading the-iTperation -
Registry service provision
Page 30 of 34
Revenue -sharing
Any other economic/financial advantages to the City of Miami
Specific tasks and responsibilities of the Successful Proposer are summarized as follows:
xequesi ror rroposais rcr r 12. Iv
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Application Preparation
Working in partnership with the City of Miami, coordinate and support us in obtaining the dot MIAMI
TLD:
Provide guidance to the City of Miami on application development, e.g. with respect to type of
application, and the further elaboration of the TLD's purpose and mission
Develop and submit on our behalf an application for the dot MIAMI TLD and accompanyin
documentation to the ]CANN TAS system
• Develop the TLD purpose in consultation with the City of Miami, stakeholders, relevant policies,
business modeling and financial projections, technical and operational planning, and all other relevant
materials
Report back to the City of Miami on progress of the application
Provide all necessary advice and support in the case of any objections or contentions
Carry out pre -delegation technical testing
If required by the City of Miami, execute the registry agreement
• Develop, under the guidance and direction of the City of Miami, all other requirements of the
]CANN Applicant Guidebook
Pre -Launch
With the City of Miami, design and implement a pre -launch strategy, including sunrise and land rush
in compliance with ICANN requirements, to maximize the impact and success of dot MIAMI
Provide market research -based analysis and proposals for premium name auctions, in conjunction
with the City of Miami's overall dot MIAMI marketing and communications strategy
Work with the City of Miami on name reservation for public bodies and other essential bodies in dot
MIAMI
Provide all operational and technical requirements for TLD launch, including development of
appropriate customer support and, if relevant, registrant verification methodologies.
Technical and Operations
Finance the establishment and operation of the TLD for the first five years
Establish and operate all IT systems and technical and operational infrastructure necessary to launch
and operate the TLD, in compliance with the requirements of the ICANN Applicant Guidebook
Ensure full support for IPv6 through all relevant registry functions
Develop or establish relationships with appropriate registrars to ensure rapid and wide availability of
second level names to the public, in accordance`with ICANN policies and contractual requirements
• Administer and oversee all necessary rights protection and renewals mechanisms in compliance with
ICANN requirements and guidelines
• Host all personal data in the United States, including escrowed data covered by US data protection
legislation, in accordance with data protection legislation and best practice
• Establish necessary procedures for lawful access to registration and other data
• Provide dedicated and regular reporting to the City of Miami on registration and other relevant
registry data, and financial accounting and projections.
Policy Development
Ahead of the ICANN application deadline, develop, overseen by the City of Miami and in
conjunction with relevant stakeholders, all necessary registry policies to support the application for dot
MIAMI
• In collaboration with the City of Miami throughout the lifetime of the registry or partner contract,
develop, amend or elaborate new policies as required, maintaining regular contact and collaboration with
Page
4
Kequesi ror rroposais t,Krr,) /
stakeholders
Report in a timely way to the City of Miami.on the likely impact on dot MIAMI of any ICANN
consensus policies
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Paae 32 of 34
I(equest iur rropusais t‘r r) 4711.1V
4. Submission Requirements
4,1. SUBMISSION REQUIREMENTS
Proposers shall provide responses to all of the questions outlined in Attachment A or provide a response
that answers all of the questions in sequence. Any attachments should be referenced in the boxes provided
and files labeled according to the numbering system contained in Attachment A.
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 all of the questions outlined in
Attachment A may be deemed non -responsive and may not be considered for contract award.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
Proposals shall be submitted to the City of Miami, Purchasing Department, Attention: Maritza Suarez,
Procurement Supervisor, 444 SW 2 Avenue, 6th Floor, Miami, Florida 33130.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 33 of 34
kequesl TOr rrupusais r ) 4714 /V
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Individual Evaluation Committee (Committee) members will evaluate proposals based on the 100%
evaluation criteria defined herein. These individual numerical scores, per committee member, will then be
converted into ordinal ranking numbers (1, 2, 3, 4, 5, etc.), from highest to lowest, with the highest
nwnerical score receiving the 1 ordinal ranking. Tied numerical scores will receive' the same ordinal
number and succeeding ordinal numbers will be skipped to offset the total number of scores that were tied
(1, 1, 3, 4, 5, etc.; 1, 2, 2, 2, 5, etc.). Ordinal scores for all Committee members will then be totaled in the
aggregate. The proposer who receives the lowest total overall ordinal score will be the highest rank
proposer. The proposer who receives the second lowest total ordinal score will be the second highest rank
proposer, etc.
Proposals shall be evaluated based upon the following criteria and weight:
Criteria: Weight:
1. Overall Qualifications and Experience: 25%
2. Technical and Operational Capacity; Experience
and Approach to dot MIAMI: 40%
3. Financial Proposal: 30%
4. Other Questions 5%
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 34 of 34
RFP No, 291270 Attachment A
Proposal Template
Please provide responses to all of the questions outlined below or submit a response that
answers these questions in sequence. Any attachments should be referenced in the boxes
provided and files labeled according to our numbering system..
1 Company Qualifications and
Experience (25%)
1.1 Contact Information
Please provide the following information:
1.1.1 Company/organization name
(including legal and trading names if applicable):
1.1.2 Headquarters registered address:
1.1.3 Postal address (if different):
1.1.4 Name and position of contact person for
information and inquiries:
1.1,5 Telephone:
1.1.6 Email address:
1.2 Company Overview
Provide a company profile including the following
items:
1.2.1 Company structure
1.2.2 Ownership structure, including whether publicly
traded or not, shareholdings greater than 20%, or
board and governance structure, and objectives if
nonprofit
1.2.3 Names of company officers, board members,
senior management team and any other key
personnel
1.2.4 Core competencies
1.2.5 Brief description of the company's business model
including percentage of total or projected revenue
derived from new gTLD-related work compared to
other activities
Submitted into the public
record in connection with
Priscilla A. Thompson
Pagel of 13 City Clerk
Response / Doc Reference
Response / Doc Reference
1.2.6 Location(s) of company operations, including
where operations serving dot M|AM|would be
located
127 Length ofbmeinbusiness(andmnyrelevantpre-
1.2.8 Any planned |F`Os` mergers or acquisitions and/or
company re -structuring.
1.2.9 Listings for publicly traded companies.
1'3 Relevant Expertise
13.1 Experience inthe TL[)space,
1.3.1 Experience in the ICANN community
Response / Doc Reference
1.4 Company Financial Information Response I Doc Reference
1.41 What is your annual turnover?
1.4.2 What relevant insurance and indemnities doyou
currently possess related tonew TL[Js/regiatry
service provision and your potential partnership
with the City of Miami. What is the limit of their
1.4.3 If requested subsequently will you provide your last
three annual fiDancio|reports?
1.5 Contracting Party
1.5.1 If awarded the contract, will you contract inyour
own right throughout the term ofthe contract?
1.5-2 Ifnot, and you are acting asagent for another
onbtv.pkaaso-give details of that entity and your
authority to enter into o contract with the City of
Miami on the entity's behalf,
1.5.3 Detail which, ifany, ofyour technical operations
are carried out bythird pardea, identifying the
firms, any relevant liability insurance and your
contingency plans }nthe case offailure. |fyou have
ever experienced osignificant failure bvoservice
pn}vider, please describe the }ssVes, what steps
you took and how the matter was resolved.
Page zmm
Response / Doc Reference
/
Submitted into the public �
record ioconnection with � |
ibmm.LAIuq.V3-00-1%
Priscilla A. Tbompmoo |
CityC|ork/ /
!
'{
2 OrganizatioM/s technical and operational capacity;
experience and approach to dot MIAMI (40%)
2'1 Project and Relationship Management
2.1.1 Please supply two examples (no more
than 5UOwords each) ofsuccessful
partners hips/business relationships you
have been part oftodeliver large,
complex projects or programs.
2.12 Please explain your approach b`creating
and maintaining good and profitable
working relationships with the City of
Miami and dot M|AM| stakeholders.
�2 ICANN/\pp|icotion
2.2.1 Describe in no more than 1.500 words
how you will manage the dot K4|AM|
application inpartnership with the City of
Miami, including but not limited to:
22.1.1 ° Application planning and timeline bo
ensure mtimely and complete
application
2'2-1.2 Elaborating the purpose ofthe TLOfor
the City of Miami
2.2-1.3 ° Consultation with relevant
stakeholders on key strategy policy
issues
2.21.4 ° Elaboration of the business model and
plan
221.5 ° Development of required policies and
procedures
2.21.6 ° Preparing and submitting all
application documentation onbehalf of
the City of Miami through the |CANN
TLD App. System
2-2,17 Support of the C|h/ of Miami
throughout entire evaluation process
2.2-1.8 ° Management of any objections or
contentions
22.1.9 " How you would keep the City of Miami
and stakeholders informed
2.3 TLDCapabiUity and Capacity
2.3.1 Please give an overview of your overall
Response / Doc Reference
Response / Doc Reference
Response / Doc Reference
tto8into the pubfio .
inconnection with
A.3oo 03-08-12 /
imiUuA. Tbonnpmoo.
City Clcrk�
|
)
RFP No.Z92I7D Attachment
technical and operational capacity
relevant to TLD operations.
2.3.2 How dmyou meet Specification 0ofthe
Applicants Guidebook (onjntonoparobUhv.
continuity and performance) and all
2.4 TLDEupmrtise Response /Doc Reference
2,4.1 Please providedetails ofyour key
personnel and proposed aub-nondrsotors'
knowledge and experience oftechnical,
operational and business plans for new
TLOs, referencing the requirements of the
current /CANNApplicant Guidebook. (no
more than 5O0words)
Give details ofTLOsyou operate, nrhav�.
operated, or are likely tpoperate in the
future, Describe:
2.4.2.1 ° Dates nfoperation
2.4.2'2 ° The nature of your no|o(i.o. overall
registry operation orregistry service
provision)
2.4.2.3 ° Summory.oftachnino| parfonnanne,
including any downtime
2.4.2.4 * Summary of financial parformanoa,
including registration nurnbano and
changes over time
2.4.3 Doyou have any experience operating or
providing relevant services tom registry
operating a closed or verified registrant
service? (no more than 250vvonds)
2/4.3.1 Describe your approach tomanaging
registrant pre -verification orauthentication
if dot K8|AK4| were to require registrants
are located in the GreaterK0}AK0| area.
Please include methodology and
estimated costs. if available.
2/4,4 Can you provide the required registry
services according tothe \CANNApplicant
Guidebook and draft registry agreement?
Please summarize capabilities and, ifyou
pudsourcnany service *zothird party,
p|eooa name the organization.
2/4.5 Please summarize your approach to
providing registry services to dot k8|/\KU|. !
m"mdm into the public
record in connection with
Page 4m1a
City Clerk
Priscilla A.Thompson
RFPNo. Z9127O Attachment
including,
2.4.5.1 ° Receiving registration and name
server data from registrars
2.4-5.2 ° Giving registrars zone server status
updates
2.4.5.3 ° Disseminating the zone files
2.4-5.4 ° Operating registry DNS servers
2.4.5.5 ° Disseminating contact and other
information regarding domain name
server registrations
2.4-5.0 ° Any other required services according
tothe Applicant Guidebook nrdraft
registry agreement
2.5.1 /Pv6—What k;your methodology and
current status on transitioning to IPv6?
2.5.2 How would you support |Pv6-mnabled
services for dot K4|AM| registrants and
related services?
2.6 Security and Stability
2.6.1 Describe, in nomore than 1000wordm.
your organizotion'sown information and
network security arrangements, including:
2.6.1.1 " Access control
2.0-1.2 ° Capacity towithstand brute force and
other types ofattack
2.6.1.3 ° incident mitigation and response
2.8.1.4 ~ How dot K4|AK4/ registry services
would be maintained in an attack on it
oronother parts ofyour infrastructure
2.8.2 Describe how you will meet the security
and stability requirements required inthe
Applicant Guidebook.
2.7 Data Protection and Law Enforcement
Access
2.7.1 Please demonstrate your ability bostore
and process all personal data, including
registration data, incompliance with
United States (U.S.) data protection
�
Response / Doc Reference
Response / Doc Reference
Sub
mitted into the public
record inconnection with
Priscilla A. Thompson
RFP No. 291270 Attachment A
2.7.2 What, if any, are the implications of your
data escrow provision .for compliance with
U.S. data protection?
2.7.3 What provisions have been/would be
made for U.S. lawful access to registration
and other types of data by U.S.
authorities? What provisions have
been/would be made for takedown or
other lawful enforcement actions by legally
entitled entities?
2.7.4 If you envisage data processing or hosting
outside the U.S., what provisions are in
place to prevent risks to the operation of
dot MIAMI or increase its legal liability
because of access or enforcement actions
by other legal authorities or other entities?
2.8 Accounting and Reporting
2.8.1 Will you provide correct and timely
reporting — on registration volume and
trends, operational, technical and financial
performance - and billing for dot MIAMI?
Please briefly describe, include frequency
and provide sample reports.
2.9 Policy Development
2.9.1 Describe your capability and experience in
developing registry policies and
procedures including:
2.9.1.1 • Registration and use policies
2.9.1.2 . Whois, rights protection and abuse
policies (regarding Whois, describe
and demonstrate experience
developing an effective Whois policy
and set of procedures that comply with
both ICANN requirements and U.S.
data protection law.)
2.9.1.3 • Escrow, failover and registry continuity
2.9.1.4 • Sunrise / land rush / launch strategy
and policies
2.9.1.5 • Internationalized domain names (at
the second level)
2.9.2 Please outline your strategy and approach
to developing policy in collaboration with
the City of Miami and relevant
Page 6 of 13
Response / Doc Reference
Response / Doc Reference
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Attachment
stokoholdam, incuding, but not limited to:
2.92.1 ° Business, including |CTplayers,
registrants and intellectual property
rights -holders
2.9.22 ° Civil society including relevant human
rights advocates
2.92.3 - Local and national government
2.9.2.4 ° Law enforcement
2.10 Customer Support
2.10.1 What are your customer support
2.10.2 What customer support needs doyou
envision dot K8|AM| may have?
2.10.3 What operational and support resources
and personnel doyou envision/would you
make available for supporting dot K8k4K4|
registrants and registrars? Where would
they bebased?
210.4 Ifyour proposal issuccessful, doyou have
any plans to locate personnel in MI4KV|? If
so, how many and would their roles be?
2.11 Human Resources
2.11.1 How many full-time employees does your
organization employ? How many full time
contractors/freelancers does your
organization engage? Please include a
copy ofyour organizational chart,
2112 What type ofteam will boassigned toUhis
project? What will each person's role be?
211.3 How many employees nrfull time
contractors/freelancers would beworking
directly on this contract? For how long?
211.4 Briefly describe the percentage ofyour
staff that would work onthis project
relative to your entire staff (including full
time contra cturs/frea|mnoers).
211.5 Please provide details onthe personnel
and any proposed sub -contractors who
would work on this contract, describing
their skills, background and quo|dhoaUono.
and key responsibilities,
Response / Doc Reference
Response / Doc Reference
itted into the public
record in connection with
_����-___----�---itonmx�A;�3-ve{B408-1-2'-*--- -
Pds.ciU A. Thompson
Page rmm
2,11.6 How many oTLDapplications doyou plan
tosupport )ntotal during the first five years
ofthe proposed partnership with the City
ofMiami? How will you ensure the dot
M|AM|application, delegation and
management are given proper support?
2.117 How many, ifany, dot K4|AN|-bayedjobs
vvnu|d bedirectly created by your
2.11.8 How would you maximize interactions with
dot K8|AK4|-based businesses for the
procurement of products and services?
2.12 Marketing
2.12.1 Describe your organizotion'o TO
marketing experience and expertise. (no
more than 5DOwords)
2.12.2 What isyour approach tomarketing the
dot M|AM|TLD? Please include
indications ofexpected registration
volume in the first five years of operation,
and mnoverview market analysis.
2,12.8 How would you work with existing registrar
channels inthe U.S.tomaximize dot
K4|AN1|registrations? Please describe your
existing relationships with U.B.based or
focused registrars.
2.13 Compliance
2.13.1 Describe your experience ineffecting
compliance with registration and
use/abuse policies and balancing
registrant rights with those of, for example,
intellectual property rights -holders. (No
more than 5OOwords)
213.2 Describe your experience in preventingor
minimizing domain name warehousing
and cybepsquaffing.(No more than 5UU
213.3 How would you ensure compliance with
dot KA|AK4|'spolicies and procedures? (no
more than 50Owords)
2.14 Tnanmdjoning
Page 8cv1u
Response I Doc Reference
Response / Doc Reference
Response/ Doc Reference
Submitted into the public
record b`connection with
---------- —i66u,�A�Sod'03'40-42-- — —
pdsdUuA.Tbvmpmo
RFP No. 29127D Attachment A
2.14.1 Have you ever transitioned out.of
managing or operating a TLD,.or as a
registry service provider?
2.14.2 If so, please describe how you
successfully transitioned out.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
Page 9 of 13
RFPNo. Z91I70
Attachment
Financial Proposal /30%J
31. The City of Miami is cnmrndbad to the ouuonaa of dot Miami` and will assist in
markebng, advertising and PR, on an as needed basis to maximize revenues and
ensure the TLO is aoomrnercia| success. The City ofMiami isopen bo sharing the
potential rewards with the partner with zero to little out ofpocket costs for the City of
Regarding financing the application and operation of dot K1/AM[ the Successful
Proposer shall be required to pay the |CANNopp|iootion fee of US$185.000 on
behalf 'of the City of Miami The City of Miami will support the nnarkeUng,
nommuniooUonn, raoouroes, and the City of Miami's |egal faeu, on on as needed
basis and asnegotiated between the parties.
Bearing in mind the variety of potential business models for dot MIAMI, we wish to
receive financial proposals including detailed arrangements for the first five years of:
* Cash flow provided by proposer
° Registry service provision bvproposer
° Revenue -sharing tnthe City ofMiami and proposer
* Any other economic/financial advantages tothe City nfMiami
3.11 What will the cost of setting up the registrybm?
Please include detailed financial information ,
Please include any third party service provision or
fees (e.g. DNS service, data escrow).
3.1.2 What isthe expected annual cost h»your
organization of operating the registry? Is this
fixed oraper domain cost? Please include detailed
financial information. Please include any third party
service provision nrfees (e.g. DNS service, data
escrow).
31.5 Describe your organizaVon'soverall capacity to
operate dot MIAMI on a self -financed basis.
31.4 Can you provide sufficient start-up capital ho
establish and operate dot K4|AK4| for its first five
years, including:
Sufficient cash flow 0ofund operations during an
estimated pre -launch period of8months and for
the first five years? Proposals that combine ready
cash flow with financial arrangements such eo
letters ofcredit will beconsidered.
3.1.5 How do you plan to recoup your investment? By
-
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---- record -in *m^eeunowuo'—
items NA.3w03-08-12 !
Priscilla A. Thompson '
RFPNo. Z9lZ70 . Attachment
when? Describe your proposed revenue -sharing
arrangement and timeline.
3.1.6 Please provide projectedregistration and financial
performance projections, including optimistic,
worse and expected redurno, including impact on
proposed revenue share.
31.7 What isyour financial position and understanding
regarding the City of Miami's position if the
application to |CANNfor dot kj|AM| is
unsuccessful?
3.2 Uyou wish topropose mnalternative financial
proposal regarding investment and navenua'
shahng, please do so. Please describe dfully and
clearly state the advantages. |tivalso
recommended that you clearly mark your
alternative proposal ^3'2 Alternative Financial
Proposal" and also submit ofinancial proposal
against the requirement in section 3.1.
!
Submitted into the public '
record ioconnection with �
items _NA.3po .
Priscilla A. Thompson |
Page 11 mm
RFPNo. 291I7O
Attachment A
4 Other Questions (5%)
4.1 Other Information
4.11
Is dlena any other information you would like to
include that will help us to assess you as m
partner and inparticular any information which
you are aware ofand which has not been
disclosed elsewhere which could have
significant adverse impact on:
The reputation ofthe City ofMiami
The RFPrespondent's ability hosatisfy the
requirements ofthis RFP now or in the future
Our decision tnappoint the RFPrespondent
The RFPrespondent's ability tnenter into o
partnership contract with the City of Miami.
4.2 References
42.1 Provide two references, including contact details
(named indkvidua|, postal and email addresses,
telephone nunnbeh.for relevant work your
organization has undertokan, along with a brief,
one -paragraph summary ofthe project and
description ofthe apmodficrole your organization
played.
4.3 Legal
4.3.1 |sthe RFPn*apondmntlanycompanies inthe FlFP
respondent's group ofcompanies, and/or any of
their directors, hay personnel or shareholders
owning over 1O96.currently, nrhave any cfthem
inthe past ten years, been subject to:
4.3-1.1 ° Legal proceedings including bankruptcy or
alleged breach ofcontract
4.31.2 ° Criminal charges orconvictions listed )n
Section 1.2.1mfthe |CAMNApplicant
Guidebook
4.3.1.3 ° Investigations bvany public orregulatory
body
4.3.2 If so, please provide details.
4.3.3 What is your understanding of the legal
implications ofservicing any registry operations
outside the U.S.? E.g.data protection, applicable
|avv. law enforcement access.
Response / Doc Reference
Response / Doc Reference
Response / Doc Reference
into the public
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RFPNo. ]91I7O Attachment
4.4 Conflicts of Interest
Please describe any current orpotential conflicts
ofinterest your organization may have inrelation
to this project, including b)the proposed dot
M|AM| TLD or to the City of Miami.
Response / Doc Reference
Submitted into the public
record ioconnection with
ntemuwNA.3 on 03-08-12
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