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HomeMy WebLinkAboutRequest for ProposalsCity of Miarni Request for Proposals (RFP) Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, eih Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement RFP Number: 316283,2 Title: Request for Proposals for Chief Fire Officer, Capt. & Lt. Examination Processes Issue Date/Time: 21-MAY-2012 RFP .Closing Date/Time: 06/13/2012 @ 13:00:00 Pre -Bid Conference: None Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Friday, June 1, 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 msuareznu,ci.miami.fl.us (305) 400-5025 Page 1 of 48 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part -.of this submission. Prices should be firm for a minimum of 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 that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME. ADDRESS • PHONE: FAX EMAIL: BEEPER. SIGNED BY• TITLE: DATE• FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page 2 of 48 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 18-11.0 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) Page 3 of 48 Line: 1 Description: Disregard this line item. Please refer to the Submission Requirements, Section 4.1., 12. Price Proposal Category: 91885-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 4 of 48 Request for Proposals (RFP) 316283,2 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions . 27 2.1. PURPOSE 27 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.3. TERM OF CONTRACT 27 2.4. CONDITIONS FOR RENEWAL 27 2.5. NON -APPROPRIATION OF FUNDS 27 2.6. PROPOSER'S MINIMUM QUALIFICATIONS 27 2.7. CONTRACT EXECUTION 28 2.8. FAILURE TO PERFORM 28 2.9. INSURANCE REQUIREMENTS 28 2.10. PRE-BID/PRE-PROPOSAL CONFERENCE 30 2.11. CONTRACT ADMINISTRATOR 30 2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 30 2.13. SPECIFICATION EXCEPTIONS 31 2.14. TERMINATION . 31 2.15. ADDITIONAL TERMS AND CONDITIONS 31 2.16. PRIMARY CLIENT (FIRST PRIORITY) 32 2.17. CHANGES/ALTERATIONS 32 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 32 2.19. ADDITIONAL SERVICES 33 2.20. RECORDS 33 2.21. TRUTH IN NEGOTIATION CERTIFICATE 33 3. Specifications 34 3.1. SPECIFICATIONS/SCOPE OF WORK 34 4. Submission Requirements 43 4.1. SUBMISSION REQUIREMENTS 43 5. Evaluation Criteria 47 5.1. EVALUATION CRITERIA 47 Page 5 of 48 Request for Proposals (RFP) 316283,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $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 City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, 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. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment Page 6 of 48 Request for Proposals (RFP) 316283,2 proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the 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. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. Page 7 of 48 Request for Proposals (RFP) 316283,2 G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best 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 RFL1, 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 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 forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after 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 Page 8 of 48 Request for Proposals (RFP) 316283,2 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19'. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. 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 (NIOSH), 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, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written Page 9 of 48 Request for Proposals (RFP) 316283,2 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 form 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. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource 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 to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person Page 10 of 48 Request for Proposals (RFP) 316283,2 or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunityfor such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. Page 11 of 48 Request for Proposals (RFP) 316283,2 (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. F. Failure to comply with any of the terms of the Contract in any material respect. Page 12 of 48 Request for Proposals (RFP) 316283,2 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 inay become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 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 Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions 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 in this Formal Solicitation. Page 13 of 48 Request for Proposals (RFP) 316283,2 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Fornial 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 anyprevious 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. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 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 must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for Page 14 of 48 Request for Proposals (RFP) 316283,2 rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words 'and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants 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 arid 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 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must 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 Wagc Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the Page 15 of 48 Request for Proposals (RFP) 316283,2 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 -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHUPHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.43. 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 attomey'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 Page 16 of 48 Request for Proposals (RFP) 31 6283,2 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 time 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 will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (.15) calendar days after receipt Notice of Award, .thecontractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Depat tnient of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be Page 17 of 48 Request for Proposals (RFP) 316283,2 granted to the Bidder/Proposer. 1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.49. LOCAL PREFERENCE 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 local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the.lowest best and final bid. In the case of a tie in the best and final bid 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 the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other . appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 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 Page 18 of 48 Request for Proposals (RFP) 316283,2 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 Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, 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. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. Page 19 of 48 Request for Proposals (RFP) 316283,2 A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, Page 20 of 48 Request for Proposals (RFP) 316283,2 whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materialsfurnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. Page 21 of 48 Request for Proposals (RFP) 316283,2 1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions.,lf a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such 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. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall 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 Depattuient 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 Page 22 of 48 Request for Proposals (RFP) 316283,2 received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without firsthaving 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 Page 23 of 48 Request for Proposals (RFP) 316283,2 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 the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. 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 US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKINGIS 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 Page 24 of 48 Request for Proposals (RFP) 316283,2 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 specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.83. TIMELY DELIVERY - Time will 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 comes first. 1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for Page 25 of 48 Request for Proposals (RFP) 316283,2 "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any 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 of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 48 Request for Proposals (RFP) 316283,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Consultant Services for Chief Fire Officer, Captain and Lieutenance Examination Processes, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Depattuient, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, June 1, 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 four (4) years with an option to renew for two (2) additional two (2) years periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, 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. PROPOSER'S MINIMUM QUALIFICATIONS Page 27 of 48 Request for Proposals (RFP) 3l 6283,2 The following represent the minimum qualification requirements for a Proposer to be deemed responsive by the City, and Proposers shall satisfy each of the following minimum requirements cited below. Each of these minimum qualifications must be addressed in detail in Proposal submission to determine Proposer's responsiveness. 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. A. Proposer shall have been providing the services as described in this RFP for a minimum of three (3) years as evidenced by their date of incorporation, and shall provide proof of active status or documentation evidencing proposer is currently seeking active status with the Florida Department of State, Division of Corporation;and have sufficient financial support, equipment and organization to insure that it can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. B Both the Primary Consultant and the one additional member from the Primary Consultant's firm or agency shall have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. C. Proposer shall have no record of judgments, bankruptcies, pending lawsuits against the City or criminal activities involving moral turpitude, and not have any conflicts of interest that have not been waived by the City Commission. D. Neither Proposer nor any principal, officer, or stockholder of Proposer shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.7. 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 in substantially the attached form labeled "Attachment B - Professional Services Agreement" and available via the Header section to this RFP. 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. 2.8. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 2.9. 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 Page 28 of 48 Request for Proposals (RFP) 316283,2 of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation Limits of Liability.- Statutory - State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000.00 General Aggregate Limit: $2,000,000.00 . Personal and Adv. Injury. Products and Completed Operations: S1,000,000.00 B. Endorsements Required: City of Miami included as an Additional insured. Primary Insurance Clause Endorsement Contingent & Contractual Liability Premises and Operations Liability (3) BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Owned/Scheduled Autos, including hired, borrowed or non -owned autos used in connection with the work - $1,000,000.00 B. Endorsements Required: City of Miami included. as an Additional Insured (4) Professional Liability/Error's & Omissions Each Claim - S1,000,000 General Aggregate Limit - $1,000,000 Retro Date includee 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 less than "A" as to management, and no less than "Class V" as to financial strength, Page 29 of 48 Request for Proposals (RFP) 31 6283,2 by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (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. 2.10. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.11. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Eyran Kraus, Ph.D., 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. Page 30 of 48 Request for Proposals (RFP) 316283,2 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. 2.13. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Depai tment, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.14. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of 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 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. 2.15. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your 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 Page 31 of 48 Request for Proposals (RFP) 316283,2 transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. if a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.16. 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. 2.17. 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. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued. (2) Receipt of responses -- response submittals shall be inclusive of a Technical Proposal and a Price Proposal each of which shall be in properly labeled, separately sealed envelopes. (3) Opening and listing of all responses received. (4) Purchasing staff will review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required. The Purchasing staff will open, review, and evaluate the Price Proposals and assign points based on the price Evaluation Criteria identified herein RFP. (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response -- specifically, the Technical Proposal -- in accordance with the requirements of this Solicitation and based upon the Evaluation Criteria as specified herein. At said meeting and immediately thereafter the evaluation of each response, the Purchasing staff shall provide the Evaluation Committee with the points that were assigned to each of the Price Proposals for inclusion of the same as part of the total score and rank each Proposer will receive from the Evaluation Committee. (6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the Page 32 of 48 Request for Proposals (RFP) 316283,2 City Manager for acceptance. if the City Manager accepts the Committee's recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Purchasing Depat tinent website, in the Supplier Comer, 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. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject all proposals. (9) The City Commission shall consider the City Manager's and Evaluation Committees' recommendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject any or all response. (10) If the City Commission approves the recommendations,. the City will enter into negotiations with the selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed appropriate by the City Manager. (11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). 2.19. 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. 2.20. 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. 2.21. 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. Page 33 of 48 Request for Proposals (RFP) 316283,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City is seeking the services of a personnel selection Consultant to develop and implement a series of customized examination processes with a parallel form for each exercise for each exam administration, for each of the classifications of Chief Fire Officer, Fire Captain and Fire Lieutenant, on behalf of the Department of Human Resources. During the initial four (4) year term of the contract, it is anticipated the Successful Proposer shall provide (i.e., develop, administer, score and report on) three (3) to.four (4) examinations for the classification of Chief Fire Officer, three (3) to four (4) examinations for the classification of Fire Captain, and three (3) to four (4) examinations for the classification of Fire Lieutenant. For each optional two (2) year term of the contract if extended by the City, it is anticipated the Successful Proposer shall provide one (1) examination for the classification of Chief Fire Officer, one (1) examination for the classification of Fire Captain, and one (1) examination for the classification of Fire Lieutenant. However, it should also be noted that should it be in the City's best interests, and at its sole option, the number of examinations may increase, or decrease accordingly, at anytime throughout the term of the contract, including all extension terms, based upon the needs of the City at that time. The promotional processes for each classification will consist of customized examination processes, and seniority credit for time -in -grade. The scores that will be used to establish the Eligible Register for these promotional processes will be made up of two components. The first component is a weight of 80% of the overall score from the Consultant's examination process; the second component is a weight of 20% of the candidate's seniority points.in accordance with Civil Service Rule 6, and if applicable, International Association of Fire Fighters, AFL-CIO, Local 587 (IAFF) Union contract with the City. The following are approximations for Chief Fire Officer and Fire Lieutenant of the number of candidates expected to sit and participate, for each examination process and during each of the anticipated four (4) year contract period(s): 40 for Chief Fire Officer and 120 for Fire Lieutenant. However, be advised these numbers may be for more or less, depending upon need. The number of anticipated candidates for Fire Captain is estimated at 110. The actual number of candidates expected to sit and participate in any given examination process may vary such that a hurdle process may be required for some test cycles and not for other test cycles. 3.1 TESTING PROCEDURE OBJECTIVES The testing procedure for each classification over the life of the contract shall: 1. Be based on a corresponding job analysis for the targeted position. 2. Be directly job -related. 3. Be reasonably perceived as fair and objective by the candidates. 4. Be standardized to ensure comparability of scores across candidates. 5. Be developed with input from staff from the Department of Fire -Rescue and the Department of Human Resources. 6. Entail multiple assessment measures. 7. Meet the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards, including but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures", and/or American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational and Psychological Testing". The Consultant must be qualified and experienced in the design and implementation of Fire -Rescue promotional Page 34 of 48 Request for Proposals (RFP) 316283,2 systems. 3.2 PROJECT REQUIREMENTS The Consultant shall: 1. Abide by timetables outlined herein over the life of the contract and for each classification, with the understanding that timetables outlined herein may be superseded by provisions outlined in the current International Association of Fire Fighters, AFL-CIO, Local 587 (IAFF) Labor Agreement. These timetables are estimates only and subject to change. The City shall provide reasonable written notice of any changes to specified timetable. 2. Conduct an analysis to determine whether a job -analysis is required for the first testing cycle and, if needed, conduct initial and legally defensible lob -analysis according to current professional and legal standards within 90 calendar days after the execution of the Agreement for each of the classifications of Chief Fire Officer, Fire Captain and Fire Lieutenant. 3. Develop an examination that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) identified in the job analysis(es) as necessary to perform the job functions within 130 calendar days of the completion of the job analysis(es) for each of the classifications of Chief Fire Officer, Fire Captain and Fire Lieutenant. 4. Develop no less than three (3) examination exercises for each examination and for each classification that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) that are identified in the job analysis(es) within 130 calendar days of the completion of the job analysis(es) necessary to perform the job functions for the classifications of Chief Fire Officer and Fire Captain. Consultant will have input from subject matter experts (SME) from the Department of Fire -Rescue including final review of exercises. The Department of Human Resources (DHR) will also have input into the development of examination measures and must approve exercises after Fire -Rescue Department SME approval. Each examination process must have a preparation manual/study guide published and delivered to DHR in electronic format by the test Consultant, with sample exercises, at least 60 days prior to the administration of the examination. All exercises must require responses which are recorded by the candidate on paper and/or verbally to live assessors. 5. Develop no less than three (3) written examinations for each examination that are appropriate to directly measure theknowledge, skills, abilities, and other characteristics (KSAOs) that are identified in the job analysis within 130 calendar days of the completion of the job analysis necessary to perform the job functions for the classification of Fire Lieutenant. The written examinations shall assess the job knowledge of candidates and will be based on the sources identified by the book committee comprised of an equal number representatives from Fire -Rescue Management and the Bargaining Unit. Consultant will have input from subject matter experts (SME) from the Depai tinent of Fire -Rescue. The Department of Human Resources (DHR) will also have input into the development of examination measures and must approve exercises after Fire -Rescue Department SME approval. Each examination process must have a preparation manual/study guide published and delivered to DHR in electronic format by the test Consultant, with sample exercises, at least 60 days prior to the administration of the examination. All exercises must require responses which are recorded by the candidate on paper in multiple-choice and/or matching and/or scenario format(s) with at least four (4) reasonable alternative answers. 6. Develop a parallel form for each exam exercise for each exam for each classiflcation for each day of testing that exceeds a one (1) day administration period. In addition, develop one (1) extra form for each and every exercise beyond the number of days of testing that will not be used during the test administration process. For the classification Fire Lieutenant, develop one (1) parallel exam for each and every administered written examination with the same number, and type, of questions each of which must be unique (or different) from the first examination. 7. Work with the Department of Fire -Rescue and Department of Human Resources to develop one (1) book list for each examination and for each classification based upon a current Job Analysis, if not already developed. The Page 35 of 48 Request for Proposals (RFP) 316283,2 book lists must be the sole source of examination material for each classification. Each list for each examination and for each classification must be published a minimum of 90 days prior to the administration of the exam. Source materials are to be compared with the job analysis data to ensure that all items, exercises, etc. are drawn from included source materials and are representative of the job content. Parallel exercises must also be developed by the Primary Consultant's firm or agency from the booklist. Provide written rationale to the Department of Human Resources, Testing and Validation Section for each recommendation as to the number of job knowledge questions generated for each written exam and written rationale for the -number of questions per book list source generated for each written exam. 8. Identify percentage of job domain measured by each customized examination process and for each classification (e.g., simulation, role-play) within 60 days prior to the first day of the administration of the exam. Identify area(s) of job domain not measured by each examination process and identify appropriate measures for assessing that portion of job domain for the classification. Reviews must be based on the current job analysis for the appropriate classification. 9. Prepare andsubmit for approval to the Department of Human Resources all candidate instructions for all appropriate exercises for all appropriate classifications,in electronic format at least 21 calendar days prior to the first examination date. 10. The Project Manager, or the individual as proposed and responsible to work directly with the City on an as -needed basis throughout the life of the contract to perform the scope of services and administer the examination(s) (identified herein as the Primary Consultant), and at least one additional member from the Primary Consultant's firm or agency shall be present for all days and exercises of the on -site test administration for each exercise, for each 'examination process and for each classification. Both the Primary Consultant and the one additional member from the Primary Consultant's firm or agency shall have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. The number of staff from the Consultant's firm or agency shall be appropriate in a number commensurate with the logistical needs of each situation. The Primary Consultant will be in possession of all materials needed during the duration of the test administration of each exercise for each examination for each classification. Location of test sites is the responsibility of the City. City staff approved by the Department of Human Resources may be used as proctors for the examination process. The number of City staff approved by the Department of Human Resources may be used as proctors for the examination process will vary with a minimum of four (4) City staff members available for each exercise, for each examination process and for each classification. 11. Successfully implement a hurdle examination process for Fire Captain in the event that the number of candidates expected to sit and participate in any given examination within the contracted time frame necessitates a hurdle process. 12. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall support the appeal process in place for all written examinations by conducting a thorough review of all appeals submitted during the appeal process and by providing a written report to the Supervisor of the Testing Division of the DHR in a confidential manner within 30 calendar days after the last day of the written appeal process. The written "Recommendations Report" shall include, but not limited to, the following for all appealed questions: the original item,.source(s),.keyed.answer,_a_summa y of. candidate arguments, Psychometric results (proportion selected, overall point-biserial correlations, point-biserial correlations for low and high test performers and overall), conclusion and recommendation (e.g., keep as originally keyed, double -key, delete.) 13. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall score each examination for each classification and generate descriptive statistics beginning with means and standard deviations. Primary Consultant shall analyze the scores from each examination process to determine the extent to which group means differ by ethnicity/race and by gender for each classification, present said analyses to DHR for review, and include said analyses in the final report. Analyses to include, but not limited to: adverse impact, Page 36 of 48 Request for Proposals (RFP) 316283,2 validity, and exercise and examination reliability by sub -dimension and overall, item difficulty, item descriptives, and item homogeneity, etc., where applicable. 14. Primary Consultant shall ensure that all scoring calculations and results are error free and completed within 14 days after the last exam administration for an examination process that does not include an appeal or hurdle process. Primary Consultant shall ensure that all scoring calculations and results are error free and completed within 14 days after the final determination of the written exam appeal committee for an examination process that includes an appeal process. Should a hurdle process be required, Primary Consultant shall ensure that all final scoring calculations and results are error free and completed within 14 days after the last exam administration. 15. Data entry and scoring is to be completed by at least two different individuals working independently with results matched for agreement. Any and all discrepancies in data -entry, scoring calculations, and scoring results shall be resolved quickly in a fair and unbiased manner by the Primary Consultant who shall have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. 16. Primary Consultant shall recommend a cutoff score within 14 days after the administration of the exam that includes a hurdle process and provide written rationale for each recommendation given including the establishment of the cutoff score. •All cutoff scores recommended by the Primary Consultant must be based on the results of an appropriate validation study conducted according to professional standards. The Department of Human Resources reserves the right to review and approve the recommended cutoff point for each examination process. 17. Primary Consultant or qualified consultant's representative shall provide an on -site orientation program for each examination, for each classification to ensure that all candidates receive uniform information for the applicable. examination 40 days prior to the administration of the exam. The orientation will include written guidelines and rules that will govern.each exam administration of each examination process for each classification and a "Questions and Answers" packet for each exam process for each classification. Each "Questions and Answers" packet must be submitted by the Primary Consultant to the Department of Human Resources, Testing and Validation Section staff at least 30 days prior to each test administration for each classification and will summarize the questions and issues raised at the on -site orientation with acceptable responses to each question. 18. Consultant shall contact, screen, select, secure, obtain, train and ensure the presence of individuals from the Fire -Rescue community to serve as assessors/role players/raters for each exercise, for each exam for each classification, where applicable, pending approval of the Department of Human Resources, Testing and Validation Section. All assessors will be from (a) United States agencies, (b) comparable in size and/or selected demographics (e.g., ethnicity, race, gender) to the Depai talent of Fire -Rescue, (c) outside of the State of Florida, and (d) of the same rank or higher rank as the classification being tested. Every effort must be made by the Primary Consultant to ensure that each exam process for each classification has appropriate ethnic/racial and gender representation among assessors used in exercises for each classification. The selection and training of potential assessors/role players/raters and the ethnic/racial and gender background making up the assessor panel must be approved by the Department of Human Resources for each classification process a minimum of 45 days prior to each exam administration for each classification. The Department of Human Resources reserves the right to require that consultants use separate role players from that of assessors. It is preferred that individuals serve as either an• assessor or a role player but not in both capacities. A minimum of three (3) assessors must participate in training and.assessment.for all exercises with..the.exception of the Letter or. Memo Writing, Simulation, or _other DHR approved exercise(s) for which a minimum of two (2) assessors must participate in training and assessment. The City reserves the right to require that the Primary Consultant contact, screen, select, secure, obtain, train and ensure the presence of an additional assessor and/or role player and/or- rater for each exercise for each exam for each classification to serve as an alternate should a primary assessor and/or role player and/or rater be unable to carry out their duties as an assessor and/or a role player and/or a rater, respectively. Primary consultant will develop and otherwise prepare and administer assessors/role players/raters training materials and administer training for assessors/role players/raters. The Primary Consultant or consultant's representative shall photocopy, duplicate, Page 37 of 48 Request for Proposals (RFP) 316283,2 collate, organize, prepare and otherwise be responsible for all related clerical duties surrounding the preparation of assessor/role player/rater materials for the purpose of training and administration and for additional assessors/role players/raters where proposed and appropriate to the task. The City reserves the right to have representation present from the Department of Human Resources at any and all processes that involve assessors/role players/raters, including but not limited to orientations and/or training sessions and/or selection proceedings and/or assessment processes and/or scoring. The same number of assessors/role players/raters must be used to assess everyone participating in a specific exercise requiring assessors/role players/raters for each classification, respectively and as applicable. Candidates will be scored by the same assessors/role players/raters for each exercise of each exam for each classification. The cost of one alternate assessor and/or rater and a sufficient number of role players shall be included in the pricing, should the Proposer's submission require the use of assessors and/or role players and/or raters. 19. The Primary Consultant shall provide candidates, within 45 days after the last exam administered for each classification, with proper feedback to include a written profile of candidate's performance from their examination processes, and a plan for improving performance that shall be developed from candidate score(s) for each exam and for the classifications of Chief Fire Officer and Fire Captain. This feedback must be specific to the performance in each exercise and the scoring guidelines for each exercise, in order for the candidates to learn what could have been . said/done that would have improved his or her score(s); this will be provided so that candidates can improve on their performance on future examinations. If a hurdle examination process is administered, only those who competed in the entire process (i.e., all exercises) shall receive written feedback. 20. The Primary Consultant shall provide evidence (e.g., statistics) supporting the content validity and reliability of each exam for each classification in a separate final report to the Department of Human Resources, Testing and Validation Section. Actual scores for each candidate including, but not limited to raw, standardized, and computed, . must be provided to the City for each candidate for each exam in each classification within 14 days following completion of the exam administration. In addition, the Primary Consultant shall provide recommendations in the final report for each exam for each classification to assist the City with preparing examination candidates for future processes. This report should include sufficient information to assist the City in developing future training programs for promotional candidates after for each exam for each classification. 21. The Primary Consultant shall establish the content validity for each examination for each classification by 'documenting the links between the Job Analysis and examination process and exercises in accordance with the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards including, but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures", and/or American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational and Psychological Testing". This information shall be included in each final report along with documentation of exam development, administration, scoring for all exams, exercises, components, etc. Submit a camera-ready copy and electronic copy of the final validation report within 60 days after the last day of each examination administration. The final report shall also include a detailed explanation of any and all controls and safeguards used to eliminate rater errors or other biases and ensure accurate analytical interpretation and completeness and all documents provided to candidates and assessors, role players and raters (e.g., test plan, study/prep guide, Questions and Answer Packet, assessor/role player/rater training manuals, assessor/role player/rater rating materials). 22. The Primary Consultant or qualified individual from the Consultant's firm or agency shall provide three (8 hours) days of post-test consultation inclusive in proposed fees, as well as maintaining fixed and firm fees throughout the initial term of the contract for the Specifications/Scope of Work cited herein, including any additional work as necessary. The Primary Consultant shall, as part of the Contract, agree to appear on the City's behalf as an expert witness in the event of any litigation arising from any of the examination processes for each classification. The Primary Consultant agrees to appear for a total time of three (3) days up to eight (8) hours per Page 38 of 48 Request for Proposals (RFP) 316283,2 day without any additional financial costs to the City. The Primary Consultant shall be responsible for transportation, lodging, and meals. After the three (3) days has been utilized, the Primary Consultant shall be allowed to charge the City his orher reasonable daily rate at time of Contract for any additional days for the services relating to litigation and/or appearing as an expert witness; said appearance and resulting costs have to be approved by the City in advance of travel. The consultant shall be responsible for travel' time, transportation, lodging and meals during the first three (3) days of post-test consultation. Reasonable travel expenses, a rental car allowance, hotel accommodations, and a meal allowance for appearance(s) arising from litigation shall be paid to the Primary Consultant by the City as additional costs upon approval by the City and in accordance with § 112.061, Florida Statutes. 23. The Primary Consultant shall propose a fixed and firm lock rate for all exams within the time period of the contract. 24. The Primary Consultant shall furnish all equipment, materials, supervision or supplies necessary for completion of all the services specified in this RFP. Failure to possess the necessary materials and equipment in order to satisfactorily perform the services may result in the default/termination of contract and/or postponement of payments and/or postponement of test. Consequently, the Primary Consultant must develop, validate, and administer, etc. a new examination with all applicable exercises at no cost to the City within an expedient time frame. Should a re -administration occur as a result of default herein, the Primary Consultant agrees to waive any and all fees related to Item #22 regarding fee charges beyond the three 8-hour days of service for expert testimony and/or litigation arising as a result of the re-examination for each classification. 25. All work shall be performed by, or under the direct supervision of, the Primary Consultant. All associates used on each project are to have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. Work of a clerical nature or involving data -entry shall not require associates with a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. Scoring calculations and results shall be ensured by the Primary Consultant who shall have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. All work performed must conform to the ethical and professional guidelines,principles, and standards outline in the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards including, but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures", and/or American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational and Psychological Testing". 26. Should the Primary Consultant leave the employ of the Successful Proposer during the initial and extension term(s) of the contract, as applicable, the City reserves the right to approve, or not approve, its replacement. In addition, the City reserves the right to seek a replacement of the Primary Consultant, should the City determine he/she is not performing in accordance with the terms and conditions of the scope of work/services. 3.3. PROJECT SCHEDULE - The project schedule as identified herein is subject to change by the City throughout the duration of the contract, including extensions. However, the initial three (3) to four (4) examinations for Chief Fire Officer, Fire Captain and Fire Lieutenant during the initial four (4) years of the contract are expected to be completed by the end of 2016, inclusive of an initial two (2) examinations for Chief Fire Officer, Fire Captain and Fire Lieutenant by the end of 2013. Project Schedule: Included in this RFP is an anticipated project schedule of events or process milestones that illustrates the time -frame requirements for conducting the work described above. Work is anticipated, following successful contract execution, to begin the month of November 2012 for the administration of the initial set of examinations for the classifications of Chief Fire Officer, Fire Captain and Fire Lieutenant. Proposer must submit a proposed timeline outlining the anticipated services and activities of their proposal and duration, subject to Page 39 of 48 Request for Proposals (RFP) 316283,2 Department of Human Resources' approval within 130 calendar days of the earliest exam date. Proposed timeline shall include, but is not limited to, treatment of the following areas: details of exam format(s), job analytic task groups by exam component, description of all exams/exercises/components, candidate performance evaluation, test development, KSAOs per task group and per exam component, target ability and knowledge areas by exercise, project schedule, etc. See below a more detailed, approximate timeline for the administration of the examinations for the three (3) classifications. These dates are approximate only, and subject to change. The development, administration and scoring of subsequent examination processes (i.e., the second and third promotional examination processes) forthe Chief Fire Officer, Fire Captain and Fire Lieutenant classifications is subject to contract renewal by the City at its discretion. [Project schedule will be based upon the timeline provided by Purchasing.] CHIEF FIRE OFFICER Activity Anticipated Date(s) Conduct Job Analysis for Exam #1 September 2012 — November 2012 Written Exam and Oral Board Development for Exam #1 December 2012 — March 2013 Administer Exam #1 April 2013 Establish Eligibility Register #1 June 2013 Written Exam and Oral Board Development for Exam #2 February 2014 — May 2014 Administer Exam #2 June 2014 Establish Eligibility Register #2 August 2014 Written Exam and Oral Board Development for Exam #3 March 2016 — June 2016 Administer Exam #3 July 2016 Establish Eligibility Register #3 September 2016 Written Exam and Oral Board Development for Exam #4 April 2018 — July 2018 Administer Exam #4 August 2018 Establish Eligibility Register #4 October 2018 * Per Article 10 of the IAFF Labor Agreement. FIRE CAPTAIN Page 40 of 48 Request for Proposals (RFP) 316283,2 Activity Anticipated Date(s) Conduct Job Analysis for Exam #1 September 2012 — November 2012 Written Exam and Oral Board Development for Exam #1 December 2012 — March 2013 Administer Exam #1 May 2013 Establish Eligibility Register #1 July 2013 Written Exam and Oral Board Development for Exam #2 March 2014 — June 2014 Administer Exam #2 July 2014 Establish Eligibility Register #2 September 2014 Written Exam and Oral Board Development for Exam #3 April 2016 — July 2016 Administer Exam #3 August 2016 Establish Eligibility Register #3 October 2016 Written Exam and Oral Board Development for Exam #4 May 2018 — August 2018 Administer Exam #4 September 2018 Establish EIigibility Register #4 November 2018 * Per Article 10 of the IAFF Labor Agreement. FIRE LIEUTENANT Activity Anticipated Date(s) Conduct Job Analysis for Exam #1 September 2012 —November 2012 Written Exam and Oral Board Development for Exam #1 January 2013 — April 2013 Administer Exam #1 May 2013 Establish Eligibility Register #1 July 2013 Written Exam and Oral Board Development for Exam #2 May 2014 — August 2014 Page 41 of 48 Request for Proposals (RFP) 316283,2 Administer Exam #2 September 2014 Establish Eligibility Register #2 November 2014 Written Exam and Oral Board Development for Exam #3 July 2017 — October 2017 Administer Exam #3 November 2017 Establish Eligibility Register #3 January 2018 The 4th Fire Lieutenant process is anticipated to occur after the expiration (8 years) for the new contract. Page 42 of 48 Request for Proposals (RFP) 316283,2 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED. 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary: A signed and dated summary of not more than two (2) pages containing the Proposer's Qualifications; Primary Consultant's Experience; Description of Proposed Testing Processes; Implementation Strategy; Ability to Perform Work within the Contract Time Frame; and Work Samples, as contained in the submittal. Proposer should include the name of the organization, business phone, fax, and email address, contact person, and Primary Consultant. 4. Proposer's Qualifications ("Proposer" refers to the Business Organization which employs primary consultant and consulting team members l: a) Describe the Proposer's organization, history and background, tax status, principals, owners, board of directors and/or board of trustees, and number of professionals employed, by EEO job classification, ethnicity, race and gender. b) Provide date Proposer was incorporated/organized; State(s) incorporated/organized in; c) Describe the firm's organizational history and structure; indicate whether the City has awarded previously any contracts to the firm. d) Submit a summary list of all full-time employees, who will be assigned to the City's project, by name, occupational title, EEO job classification, ethnicity, race and gender. e) Indicate the location of the firm where the work will be performed. f) Describe the members of the consulting Team and explaining the firm's interest in performing the required professional services. Include copies of resumes for those individuals who will perform services, detailing educational background, test development experience, and experience with content validity approach. g) List current and previous clients, including the names of contact personnel and their telephone numbers. (The City reserves the right to contact these clients as part of the evaluation process.) Clearly state Fire -related Page 43 of 48 Request for Proposals (RFP) 316283,2 experience. h) Provide two (2) letters of reference letterhead preferably from governmental entities of a similar size and for whom similar services have been performed, for the past three (3) years. Letters should reflect experience in performing similar work in the past, and should contain the nature of the work performed by the Proposer; the date the work was performed; value of contract if known; quality of work performed; and the timeliness for the initiation and completion of this work. All references may be verified by the City for authenticity and quality of work performed by Proposer. i) List all lawsuits and the disposition of the lawsuits relating to employment testing filed against the firm or agency. j) Address the above -listed items for sub -consultant firms proposed, as applicable. Provide a current resume of any Sub -Consultants. Include by EEO job classification, ethnicity, race and gender. Should Proposer propose to utilize a Sub-Consultant(s) to perform any of the services, and Proposer must identify Sub-Consultant(s) and those services to be performed. Proposer must provide Sub-Consultant(s) qualifications and experience in detail, highlighting the experience in various subjects/issues as addressed in this RFP and those services anticipated to be performed by the Sub-Consultant(s). The City reserves the right to contact any reference as part of the evaluation process. 5. Primary Consultant's Experience: a) Detail all experience of Primary Consultant as it relates to projects of similar complexity and scope. Clearly state Fire -related experience, particularly as it relates to examination processes for Chief Fire Officer, Fire Captain and Fire Lieutenant. b) Provide a Qualifications summary of the Primary Consultant who will be designated as the lead individual(s) to conduct the work for the City in the form of a resume including educational history, experience with content validity, test development history, and as it relates to proposed project. Clearly identify the nature of the work he/she will perform. c) Provide a complete list of clients for which Primary Consultant has provided similar services as required in this RFP. This list should include those governmental entities of a similar size and diverse population to the City for which services have been performed during the past three (3) years. Include the overall value of the contract, dates of engagement, overall tasks performed, and include the address, phone number(s) and contact persons within each organization. The City reserves the right to contact any reference as part of the evaluation process. d) Provide summary of all litigation experience in which the Primary Consultant served as an expert witness in employment -related testing. e) List all lawsuits and the disposition of lawsuits filed against the Primary Consultant relating to employment testing. 6. Description of Proposed Testing Processes: a) Provide summary of testing processes proposed for each classification of Chief Fire Officer, Fire Captain and Fire Lieutenant. b) Provide summary .of previous. relevant .experience to include an explanation of the content validity-process.to be utilized linking the City's Job Analyses to each of the Chief Fire Officer, Fire Captain and Fire Lieutenant examination processes proposed, and explanation of scoring methodology for examination processes. c) Provide the names of individuals to be assigned to this project, the amount of time each will be assigned to the project, their qualifications including academic credentials, project roles and ethnic and gender identification. 7, Implementation Stratery Provide Summaries of administration/implementation Plans for proposed testing processes for Chief Fire Officer, Page 44 of 48 Request for Proposals (RFP) 316283,2 Fire Captain and Fire Lieutenant. 8. Ability to Perform Work within the Contract Time Frame Provide timetable for project completion including benchmarks. List timetable utilizing calendar date(s) per activity completion for Chief Fire Officer, Fire Captain and Fire Lieutenant, for the initial set of examination processes for the classification of Chief Fire Officer, Fire Captain and Fire Lieutenant. 9. Work Samples: Provide sample exercises/work sample of each of the examination process proposed, for Chief Fire Officer, Fire Captain and Fire Lieutenant. 10. Local Preference, if applicable For Proposers seeking local preference consideration in the evaluation process, the following information must be provided with proposal. a. State the Primary Office Location of the Propoer. b. Provide location from which the Proposer will be based to fperform the work. In order to receive any local preference points, the proposer must have a local office as defined in the Code of the City of Miami. Proposer must submit a copy of the City of Miami Business Tax Receipt and Certificate of Use at the time of proposal submittal if claiming local preference. 11. Trade Secrets Execution to Public Records Disclosure All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Proposal cohtains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, on each page clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the RFP number marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Proposal as a "trade secret" you agree to indemnify and hold -harmless the City for any award.to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. THE FOLLOWING MUST BE SUBMITTED WITH YOUR PROPOSAL IN A SEPARATE SEALED ENVELOPE. FAILURE TO DO SO MAY DEEM THE PROPOSAL NON -RESPONSIVE. 12. Price Proposal The Price Proposal Form attached hereto and labeled Attachment A, shall be provided as part of the response submittal in a properly labeled, separately sealed envelope. Proposer shall provide an all-inclusive Cost/Fee Per Examination;inclusive of all proposed costs, on a per classification basis, for the work as proposed by Proposer. In addition to the Price Proposal Form, the proposed Cost/Fee Per Examination shall be provided which details, for each exam and for each classification, a clear accounting and breakdown of all costs and fees associated with the completion of this project. All costs must be itemized on a per activity basis including job analysis (e.g., information -gathering; development of assessment measures, -oral -board administration, scoring, -report development, travel and accommodations, daily rate of compensation for appearance, etc.) including the overall total cost for each to develop and implement a customized examination process for Chief Fire Officer, Fire Captain and Fire Lieutenant (e.g., materials production, mailing, telephone, other communication costs between the Proposer and the City) that is specific to the format proposed for project completion. During the initial four (4) year term of the contract and where it is anticipated, the Successful Proposer shall provide three (3) to four (4) examinations for the classification of Chief Fire Officer, three (3) to four (4) examinations for Page 45 of 48 Request for Proposals (RFP) 316283,2 the classification of Fire Captain, and three (3) to four (4) examinations for the classification of Fire Lieutenant. The fees proposed by Proposer(s) and negotiated with the City shall remain fixed and firm. However, subject to further negotiations with the City, the City may authorize a cost of living increase not to exceed 5% for each set of examination processes for Chief Fire Officer, Fire Captain and Fire Lieutenant thereafter, during the initial and/or any extension terms, excluding the initial proposed fees for a Job Analysis(es) for each classification. Failure to provide costs/fees shall deem your Proposal non -responsive. Page 46 of 48 Request for Proposals (RFP) 31 6283,2 5. Evaluation Criteria 5.1. EVALUATION CRITERIA The Evaluation Committee shall evaluate, score, and rank all responsive proposals as follows: A. Technical Proposal (80 Points) Concerning this initial phase of the evaluation, the Evaluation Committee will evaluate and rate all proposals based on the criteria listed immediately below in this section. A Proposer may receive the maximum number of points or a portion thereof dependent upon the merit of its Technical Proposal, as determined by the Evaluation Committee. This phase of the evaluation process will consist of a review of the Propo'ser's Qualifications, Primary Consultant's Experience, Description of Proposed Testing Processes, Implementation Strategy, Ability to Perform Work within the Contract Time Frame, Work Samples, and Local Preference (if applicable), to assure quality services. Upon completion of this phase of the evaluation, including the scoring and ranking, the Committee may choose to conduct oral presentation(s) with the Proposer(s), which the Evaluation Committee warrants for further consideration. B. Price Proposal (20 Points) Concerning this phase of the evaluation, Price Proposals shall be analyzed based on a comparison of the "Price Proposals" received. The lowest "Price Proposal" shall be given the whole of the maximum possible twenty (20) points. Concerning the "Price Proposal" attached herein the Header section of this RFP, the "Total Estimated Examinations" is based on a four (4) year usage analysis. For each classification, the multiplication of the "Cost/Fee Per Examination", and the previously referenced "Total Estimated Examinations" results in the "Extended Amounts". The "Extended Amounts" Total constitutes the Proposer's "Price Proposal" and is then applied to the following formula to determine the Proposer's "Price Proposal Points": (LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE PROPOSAL") x 20 POINTS (MAXIMUM PRICE PROPOSAL POINTS) = PROPOSER'S "PRICE PROPOSAL POINTS" This calculation will yield the "Proposer's Price Proposal Points" at an amount equal to or less than the total possible "Maximum Price Proposal Points". The points from both of the aforementioned phases of the evaluation will be added resulting in the Total Points for the whole of the Proposer's response submittal. The Evaluation Committee reserves the right to score and rank more or less than three (3) firms as it may deem in the City's best interest. CRITERIA POINTS A. Technical Proposal 80 1. Proposer's Qualifications (10 points) 2. Primary Consultant's Experience (10 points) 3. Description of Proposed Testing Processes (10 points) 4. Implementation -Strategy (15 points)- 5. Ability to Perform Work within the Contract Time Frame (15 points) 6. Work Samples (15 points) 7. Local Preference, if applicable (5 points) B. Price Proposal 20 TOTAL 100 Page 47 of 48 RFP No. 316283 Attachment B ATTACHMENT "B" A. Project Costs B. Discounts C. Project Rates D. Payment Schedule M:PSATemplate2012-2020 Fire -Rescue Promotional Exam Contract (If8rm Ia).docx RFP No. 316283 Attachment A PRICE PROPOSAL FORM REQUEST FOR PROPOSALS (RFP) 316283 FOR CHIEF FIRE OFFICER, CAPTAIN AND LIEUTENANT EXAMINATION PROCESSES CLASSIFICATIONS Chief Fire Officer. Fire Captain Fire Lieutenant COST/FEE PER EXAMINATION 104,085.00 115,581.00 71,731.00 TOTAL ESTIMATED EXAMINATIONS 4 4 TOTAL PRICE PROPOSAL EXTENDED AMOUNTS 416,340.00 462,324.00 286,924.00 1,165,588.00 FOR EACH CLASSIFICATION, THE MULTIPLICATION OF THE "COST/FEE PER EXAMINATION", AND THE "TOTAL ESTIMATED EXAMINATIONS" RESULTS IN THE "EXTENDED AMOUNTS". THE "EXTENDED AMOUNTS" TOTAL CONSTITUTES THE PROPOSER'S "TOTAL PRICE PROPOSAL" AND IS THEN APPLIED TO THE FOLLOWING FORMULA TO DETERMINE THE PROPOSER'S "PRICE PROPOSAL POINTS": (LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE PROPOSAL") x 20 POINTS (MAXIMUM PRICE PROPOSAL POINTS) = PROPOSER'S "PRICE PROPOSAL POINTS". Company Name: EB Jacobs , LLC Company Contact Signature: Company Contact Name: Janet Echemendia, President 1/2012