Loading...
HomeMy WebLinkAboutExhibit 1 - SUBLIST OF PRE -QUALIFIED FIRMS/INDIVIDUALS Exhibit A (Revised) RFQ 320284: SPECIAL MASTER SERVICES 1) Darcee S. Siegel, Esquire 169 Camden Drive Bal Harbour, FL 33154 305-948-2939; 305-787-6004 darcee.siegel@citynmb.com 2) Jack R. Blumenfeld, P.A. Gables International Plaza 2655 LeJeune Rd., Suite 700H Coral Gables, FL 33134 305-670-3311; 305-670-7003 jack@papajack.net 3) Juan Carlos Cura, Esq. 1110 Brickell Avenue, #310 Miami, FL 33131 305-374-0030; 305-374-2855 jc@miami-intl-Iaw.com 9 G �y..ih PUBUCRECORD FOR ITEM eft.% • N DOCUMENT. Page 1 of 1 i 1: ovi3s2. ExV6bft 1. - 5UF) PROFESSIONAL SERVICES AGREEMENT BETWEEN o THE CrTY OF A'II.AMI z 1- AND Doz N n_ W Q n w v U = H Q F- - w m F This Professional Services Agreement ("Agr• Q eement") is made and entered into as of z W z U N w o _ w 2 day of . 2012, ("Effective Date" shall be September 1, 2012) o o z n = o Q o H I- U 0 by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and (hereinafter referred to as the "Provider"). RECITALS \r,ERAS, the City requires services for a Special Master for Code Enforcement and other similar hearings and proceedings in accordance with the City Code; WHEREAS, the City issued a Request 'for Qualifications ("RFQ") No. on , 2012, which is attached hereto as Exhibit "A" and incorporated herein by reference for the provision of Special Master for Code Enforcement services ("Services"); WHEREAS, the City advertised such Special Master for Code Enforcement position in three (3) newspapers, in compliance with Resolution No. WHEREAS, Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B7 and incorporated herein by reference, has been selected as the most qualified and advantageous proposal for the provision of Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents. %47q i�'� .• 417: ..•.t.i_ 45: �i'?3'' . Kt�F1mISW,I TE )74Fmilir.=1 l iti %:n i�1' i�Y}W'��.lC R7At 1 J'. �.....T11 : e• w.� "-rx... nt5a-.-J?R :.+103.? 1. 1'1' rJYi�s�lfaili%YK1:,..�y,•�.��.�.'.'�t_.nV:t-�i':.'ee.4F+cK..�tia^.ri.YlYit r.1�.,..ti('. S�rtil;:p. . adopted WHEREAS, the Commission of the City of Miami, by Resolution No. on approved the selection of Provider and authorized the City Manager to negotiate and execute a contract in the form of a Professional Services Agreement ° a 1- Z LL ("Agreement"), under the terms and conditions set forth herein. = 0 0 • z LU WHEREAS, the Provider, familiar with the Scope of Work required hereunder that u Q comprises the Request for Proposal and the Contract specifications and having expressed its 2 a z Z w desire and • willingness to provide such professional services and having presented their o o m ▪ z 1- ▪ O U qualifications to the City; and WHEREAS, the City agrees to engage the Services of the Provider and the Provider agrees to perfoiin the services for the City under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and, agreements herein contained, the parties hereto agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: Unless terminated or 'cancelled, including by § 17 herein, the term of this Agreement shall be for two (2) years beginning on the Effective Date hereof. The Effective Date for purposes of this Agreement shall be September 1, 2012, which is the date on which the Provider shall commence Services of the resultant Agreement. 3. OPTION TO EXTEND: ' The City shall have the option to ex. -tend this Agreement for two (2) additional one (1) year periods., .The City, acting through its City Manager or Purchasing Director, 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 2 DOCUMENT. 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. 4. SCOPE OF SERVICES: A. Provider agrees to serve as a Special Master for Code Enforcement and other similar hearings and proceedings in accordance with the City Code and more specifically described in the Scope of Services, attached hereto as Exhibit '`C", which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that Provider: (i) possesses all qualifications, licenses, registrations, approvals, and expertise required to perform the Services described in Exhibit "C"; (ii) is not delinquent in the payment of any sums due the City, including payment of permit fees; occupational licenses, etc., nor in the perforinance of any obligations to the City; (iii) is and shall be, at all tunes during tihe.term hereof, fully qualified and trained to perform the Services described in Exhibit "C"; and (iv) the Services .will be performed in the manner described herein; in Exhibit "C", and. in any submittals approved by the City. 5. CONSTRUCTION' OF AGREEMENT: This Agreement shall .be construed and enforced according to the laws of the State of Florida; 6. • PRIORITY OF PROVISION: If there is .a -conflict with the Request for;Qualifications and/or the'Proposa1:and/or this Agreement,. this Agreement' shall prevail. The City reserves the right to resoh7e any •corifradictions and to correct any errors contained :in its proposal'docunaents. Any conflicts between the Request for Qualifications and any Addendum shall be resolved in favor of the provisions of this Agreement. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Agreement Documents by reference and a'term, statement, requirement, the specifications and plans r'4 i1o' K-R%^ 1c.- 4"+�YLv'ti+1FS ��l7{1'�S.0Y.4.ZAwl+.F'w'ir27ari.^s'^/% W+ 7.4.''. 3 uyTp;� .+,`.�z;s "% r.Y.S.:.y.r—..1^f.'AN,•e..V.'4tC .; "'eS.:C1?::C.'-..1r..x z 0 � Q - z m Ea- 0 N a ¢ D - U z m w 2 z 0 (.9 cn 0 I—o w 0 0 z w 1- 1- z w w w m z U DOCUMENT. • prepared by the Provider, or provision of the Agreement Documents, the following order of precedence *shall apply: In the event of conflicts in the Agreement Documents, the priorities stated below shall govern: 1. Revisions (Amendments) to the Agreement that are • executed shall govern over the Agreement. 2. The Agreement shall govern over the RFQ, any Addendum to the RFQ, and the RFQ Response/Proposal. 3. The RFQ shall govern over the Response to RFQ/Proposal. 7. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be One Hundred Dollars (S100.00) per hour; provided, however, that in no event shall the amount of compensation exceed Twenty -Five Thousand Dollars (S25,000.00) per year. B. Payment shall be made within 30 days after receipt of Provider's invoice, which shall be ,accompanied by sufficient supporting documentation and contain sufficient detail to allow a proper audit of expenditures, should City require one to be performed. Provider is not entitled to travel expenses. 8. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider (which was not previously possessed by Provider or not otherwise in the public domain) is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material which is the property of the City for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Provider shall retain all rights to any confidential or proprietary information; as such is defined by the laws of the state of Florida, prepared by Provider during the course of this Services Agreement. 9. AUDIT AND INSPECTION RIGHTS: 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All test and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 of' the Code ofthe City of Miami, Florida; as it may be amended or supplemented, from time to time. C. If any litigation, claim, negotiation, • audit, or, -other • action involving the .records, has been started before the e?piration of the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until•:the end of the three (3) year period; whichever is later. 10. • AWARD OF AGREEMENT:. Provider 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 Agreement aril 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 Agreement. 11. CONFLICT OF INTEREST: Provider covenants that no person under its employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal or financial interests, direct or indirect, with the Provider. Provider further A. The City may, at reasonable times, and for a period of up to three (3) years following the expiration date of this Agreement, audit; or cause to be audited, those books and records of Provider z o �, P. J = which are related to Provider's performance under this Agreement. Provider agrees to maintain all such D z N o books and records at its principal place of business for a period of three (3) years after the expiration of D o z v) a w < : w this Agreement. All audits shall be subject to, and made in accordance with, the provisions of Section 18- a z m a 11102 of the Codes of the City of Miami, as it may be amended or supplemented from time to time. a w • �z�,wz U cn z O S2 uj 2' B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and o o co u 1- O1.— U 0 o .covenants that ,iii the,_ enfoxmance.of,the Agreement no. person .having such conflicting interest shall be war.:.u:�v :.. tx ,� rF.'s ..,c:'di w2xVaiib.wir..•55. ."�i:.'v.Es[+."jw.Fcw' :n :oifra'"`. a`sax«< w�ariiiutrdiY °a •t '�Fl.xd cgo5t).rizTi.'.+'�`"+-ar.zr2 5 employed. Any such interest on the part of the Contractor or its employees must be disclosed in writing to the City. Provider is aware of the conflict of interest laws of the City, Miami City Code §2-611, Miami - Dade County, Florida; Miami -Dade County Code §2-11.1; and the State of Florida, Chapter 112, Part III, z Florida Statutes, as amended, and agrees that it shall fully comply in all respects with the terms of said ° N F- Z FL laws. u o m c 0 D 0 Z 12. PUBLIC RECORDS: Provider understands that the public shall have access; at all reasonable a Y 11.1 u times, to the City's contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to z CO 2—'z Z W allow access by the City and the public to the City's contracts subject to disclosure under applicable law. o C5 W 0 R. m v) O z Provider's failure or refusal to comply with the provisions of this section shall result in the immediate - o U cancellation of this Agreement by the City. 13. COMPLLA.NCE WITH FEDERAL. STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply in this Agreement and all Attachments thereto with and observe all applicable federal, state and local laws, codes and ordinances as they may be amended from time to time. 14. Il�'DEMNJJi'ICATION: Provider shall indemnify, save, hold harmless and defend the City, its ' officials, officers, agents, directors, and employees, from liabilities, damages, losses, penalties, fines, expenses, and costs, including, but not limited to reasonable attorney's fees, (collectively referred to as "Liabilities") caused by the negligence, failure to exercise the applicable standard of care, negligent act or omission, recklessness or intentional wrongful misconduct of Provider and persons employed or utilized. by Provider in the performance of this Agreement and will indemnify, save, 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, or from failure to comply with any applicable code, statute, ordinance, rule' or regulation relating to this Agreement or performance under it, any breach of contract, any "statutory" or duty of care breaches or violations including any 6 DOCUMENT. y6 'ki^ patent or copyright_ infringement claims or any other civil actions arising from this Agreement even if it is alleged that the City, its officials; employees; agents or representatives were negligent. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Provider shall; o D •1: = upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. - 1- v., o co 2 a The Provider expressly understands and agrees that any insurance protection required by this Agreement VI o w ¢ D w N Y = or otherwise provided by Provider shall in no way limit the responsibility to indemnify; keep and save, z ¢ w ¢ z and hold harmless and defend the City or its officers, employees; agents and instrumentalities as herein D z N o�w o no provided. • o z =oa F- 1— U The indemnification provided .above shall obligate Provider to defend at its own expense to and • DOCUMENT. through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every nine and description which niay be brought against .City vyliether performed; by Provider, or persons employed or Utilized by Provider. This section (Indemnification) will survive the cancellation, termination or expiration of the Agreement• This indemnification will be interpreted_ under the lav,-s, of the .State of Florida, including, without limitation and which .conforms to the - limitations of §725.06 and/or §725.08, Fla. Statutes, as aine.nded from time to time. as applicable. • Provider shall require all Sub -Contractor:. agreements to include.. a provision. that they will • indemnify the•City. • The Provider agrees and recognizes that the City shall not be held liable or responsible for..any claim which may result from any actions or omissions of the Provider in which the City participated either through review or concurrence of the Provider's actions. In reviewing, approving or rejecting any submissions by the Provider or other acts of the Provider, the City in no way assumes or shares any responsibility or liability of the Provider or Sub -Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consider�;tion fQI the ,grahtina of this Indemnification, the receipt and sufficiency of which is -w`i`.n'i•4�^i{,'w.r '�" v..r_-`s'r..'L, _ ^_t• ,,. .�-.i w-rQ_,-�...ray,.s.p .ca...�r.rY/i.iar '+r.6',',ti• k Y sv.f7i �.e"'r,•F r.;• r- L-•..,sv^-}h: . ,3 sti.$ rn,...•...-.nig.• 'YL=i?scx@.ad'k�'t�a,:C•.,�4F` <,•- y �- ,:•����^ �.s ii�;+..ku1..a�+Ya acknowledged by the Provider. • 7 15. DEFAULT: If Provider fails to comply with the terms or conditions of this Agreement or fails • to: perform any of its obligations hereunder, then Provider shall be in default. If Provider fails to cure the default within thirty (30) days written notice froth City, the City, in addition to all remedies available to it • by law, may immediately upon written notice to Provider, terminate this Agreement in accordance with § 17, TERM NATION RIGHTS. of this Agreement; whereupon all payments, advances or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiations of this Agreement, as well as all costs and expenses incurred by the City in the re procurement of the Services; including consequential and incidental damages. If is •• determined for any reason that the Provider was not in default or the Contractor's failure to perform is 'without Provider's control; fault, or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. 16. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon.an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being .entitled to seek judicial relief in connection therewith. Provider shall not be entitled to seek judicial relief unless: (i) Provider has first received the City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds S25,000 or (ii) a period of sixty (60) days has expired, after . submitting to the City Manager a detailed statement of the ,dispute, accompanied by all supporting documentation, ninety (90) days if City Manager's decision is subject to City Commission approval; or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 17. TERN NATION RIGHTS: DOCUMENT. 8 A. The City, acting by and through its Cite Manager, shall have the right to terminate this Agreement, in its sole discretion, at any time, for convenience and for no .cause, by giving written notice .to Provider at least thirty (30) days prior to the effective date of such termination. In the event of a cancellation for convenience the Provider shall have no other recourse against the City except to be paid for its Compensation earned under the contract prior to the effective date of termination. n Q S B. City shall have the right to terminate this Agreement upon the occurrence of an event of a co D o z default as provided in § 16..Q w w S2 Y z U 18. NONDISCRThfLNATION: Provider represents and warrants id the City that Provider does not w m Q J • and will not engage in discriminatory practices and that there shall be no discrimination in connection u0 o 2oo with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, _ o z o I F— F— U marital 'status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of higher race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to the discrimination under any provision of this Agreement. 19. ASSIGNMENT: The Provider's services are considered unique in nature. This Agreement shall .not be assigned, sold; transferred or otherwise conveyed by.Provider, in whole or in part, without the prior written consent of the City Commission, which may be withheld or conditioned, at the City's sole discretion. . 20. • NOTICES: All notices or•other comriiunications required under this. Agreement shall be IN writing' and shall be given by hand,delivery or by registered, or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CITY u>,x7tiTO PROVIDER wu�eaw'.0uii'issii"-7.a� Johnny Martinez, P.B. DOCUMENT. City Manager City of Miami . 444 S.W. 2"d Avenue, 10th Floor Miami, Florida 33130 0 = Z ink LJ o �� ith copies to; co0 D o z (.n a w Julie Bru City Attorney City of Miami 444 S.W. 2"d Avenue, Suite 945 Miami, Florida 33130 w z w a w J Z U Z w o 2 w 2 o BE m („0Zu 0 U 21. MISCELLANEOUS PROVISIONS: A. This Agreement and its Attachments shall be construed and enforced according to the laws of the State of Florida, Venue for any legal action shall be in Miami -Dade County, Florida. In order to expedite the conclusion of any action the parties voluntarily and knowingly agree to waive their right to trial by jury; their right to file permissive counterclaims; or to claim attorneys fees in any civil or administrative action between them arising from this agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use, 10 E. in the event of any conflict or inconsistency between this Agreement and its Exhibits the Agreement will control. In the event of any conflict or inconsistency between the RFP attached as Exhibit o v.) Z I— J = A and the Provider's Proposal attached as Exhibit B, or the Scope of Services attached as Exhibit C, then F:3 o o z Exhibit A will control, "' a W Q w U F. This Agreement constitutes the sole and entire agreement between the parties hereto. No z m ¢ w 2 Q modification or amendment hereto shall be valid unless in writing and executed by property authorized z W o representatives of the parties hereto. (n o z u 0 22. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. ,23. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to •provide goods or services to the City as an independent contractor, and not as an agent or employee of the City and shall,not attain any rights or benefits under the civil service or pension ordinances of the City, or any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider and ,agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 24. CONTLRGENCY CLAUSE: Sufficient funding for this Agreement is contingent on the availability of funds and continued authorizationfor program activities and is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate funds, and/or change in law or regulations. The City may terminate the Agreement on the basis of this 'contingency clause pursuant to §18, Termination for Convenience. 25. REAFFIRMATION OF REPRESENTATIONS: , Provider hereby reaffirms all of the representations contained in the Solicitation Documents, if applicable. 26. ENTIRE. AGREEMENT: This instrument and its Attachments constitute the sole and only „,s��� agree epvo the Mattes relating to the subject matter hereof and correctly set_ forth the rights duties,_ and ta1N }.•s,J.�,+::::J is 7tw.� xG .a 'l d :s::. rE=�+="3?'x.3;�: bw—, ,..m' '°+..'."'sue.'^:i;^'m, „.. 'v ..u^ i-& ra%, S r'" xa as'z.. ,Tar.+ari.:� f 7:4 : -4w.L�^ •+L'iTy;P:li�v+SSi `-�" r,:, - .� •Y-: •;:x�: ^••�:" rvnv.m.. �a�xr�� c�•�rnrcnr„:•, :.ua�.e+w;wlw+w�+v�4'r3u::a�;.nr � o{x:.rxr,'�xw � 11 obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth.in this Agreement are of no force or effect. a �- z '- 27. AMENDMENTS: No amendments to this Agreement shall he binding on either party unless in m 3 o z Cl W writing and signed by both parties. Y w U Q 28. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of w 00 Q a w z w which shall constitute an original but all of which, when taken together shall constitute on and the same o W 0 cC m vn O z agreement. o U 29. REFERENCE LIST AND ADVERTISING: City agrees that Provider may list that its Services are provided to the City in Provider's sales reference list• Provider may advertise' to other municipalities that the Services are provided to the City. This Section will not be applicable in the event the Provider is held in default by the City. 30. FURTHER ASSURANCES: All parties hereto upon the request of any other party shall execute such further instruments or documents as may be reasonably required by the requesting party to implement the terms, conditions, and provisions of this Agreement. 31. TEJIRD PARTY BENEFICIARY: Provider and City agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 32. PERFORMANCE EVALUATIONS: The City shall' conduct performance evaluations during and after completion of agreements with the. Provider, which are used as a basis for the awarding of further work as well as advising the Provider of its performance. 33. DISCRETION. Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of 34. ADA COMPLIANCE: Provider shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles 1 and II of the ADA (regarding nondiscrimination on the basis of disability) 12 DOCUMENT. and all applicable regulations, guidelines and standards. Additionally, Provider shall take affirmative steps to ensure nondiscrimination in employment of disa.bled persons. great..A.v.,4`AR„--"S.1=n1 THIS DOCUMENT |5ASUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN ATTHE END OF THIS ZWejAirAzz,z-......tZMISMA*MV24.7..41Z,M..4frV.1-41;,..,7`;44-77_0=-Z4ZaTruaaitsJIMMTrzgarlil'IPVIMNa=4-724M7 13 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their I- J () respective officials thereunto duly authorized, this day and year above written. z - "City" =oz • a w Q w CITY OF MIAMI, a municipal - u Q corporation w m a j z w z . ATTEST: o m =0Qa By: s - u o Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie Bru City Attorney ATTEST: Calvin Ellis, Director Department of Risk Management "Provider" By: Print Name:. Print Name: 14 "EXHIBIT A" REQUEST FOR QUALIFICATIONS (RFq) (RFO to follow this cover pane) 15 DOCUMENT. r'xta"�„s�':zassi?Liv'6ga1 CRATED . le Be City of Miami Request for Qualifications (RFQ) Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://climiami.Thus/procurement RFQ Number: Title: Issue Date/Time: RFQ Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Tinie: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 320284 Request for Qualifications for Special Master Services 01-JU1-2012 06/19/2012 @ 13:00:00 None Friday, June 8, 2012 at 5:00 p.m. Suarez, Maritza City of Miami - City Clerk 35:00- pan American Drive Miami FL 33133 TiS msuarez@cLIniarnLfl.us (305) 400-5025 z 0 < z co cc 0 z 0- LU < Lu (r) U < Z uJ—jZ < Lu z u o u j o cc) v) 0 z 0 < u DOCUMENT. iii5rOURintriZaTalimr14==g;;:gr-ZWa'rid-ItrAiYaMIW.:•,- ,...t,,:wr'A.:MiomeD5iXtireilF.:=Vgagiti=EMF.i'-i!,:;11=str.=.71,;;W:=4W1a1=11,04.1;:toar.:2-47,4-2=z2z-vaTam Page 1 of 34 Certification Statement Please quote on this form,' if applicable; net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City r.eserves the right to accept or reject all or any part of this submission. Prices should be firm for a ininimum 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: FAQ. EMAT:: BEEPER. SIGNED BY. TITLE: DATE FAILURE TO COMPLETE. SIGN. ANDTDRETURN THIS FORM SHALL DISOUA.LIFY THIS BID. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Page 2 of 34 Certifications Legal Name of Finn: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Auarni-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 18-110 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. DOCUMENT. 5mL•.•1 C Jk IM 'IM •:f' r&� ltilV- l T•, •l:.-PA—',' E: na117: .Arf tax. tt�,t'c.=; •=a:S:cn�'naR•• ^•":i�RS::P:•.•. i11�:A:.a 4Y Mi' �• ••�:A. ; +r-. { F l i i� t "9'di, Cz '•� Jn�'F2ey..e �wS'';°y,.� g`�'�..e.Ss:xwi?is'S:,=n�i?=+`n�:v�i,{.``ri'.hi�„ x„� •at�tazul.l•u�.ic� ii:.�stw'M.�aS2.t"e"`w '...wow:.L.td+d.�:t�'i�«.u:�+s'':��w:.`/tu+Fa.faar.Ir`.c'.-wr�%a:wf�n�.�s:•c: �.,'^s:'9. .. >'i:.W..a�`+a-a. •• ,wvc+,.•Lei.,.3rWw.�.wu.rs.�w�n.i:aiS:.+ s.. _. ca;323N':a�i LVy Page 3 of 34 Request for Qualifications (RFQ) 320284 z 0 F- J N I— z ~ N L5 m cC 0 Table of Contents N 0 z Q D - w Terms and Conditions .5 a • i 1. General Conditions 5 z m 1.1. GENERAL TER1vIS AND CONDITIONS 5 "j z 2. Special Conditions 26 u z LU 2.1. PURPOSE '6 0 m 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL v„ 0 z LNFORMA.TION/CLA.RIPICATION '76 = 0 < ' 2.3. METHOD OF AWARD 26 ~ 1-- 0 2.4. TERM OF CONTRACT 76 2.5. CONDITIONS FOR RENEWAL 76 2.6. NON -APPROPRIATION OF FUNDS "7 2.7. PROPOSER'S MINIMUM QUALIFICATIONS "7 2.8. CONTRACT EXECUTION 0 28 2.9. F.AILURE TO PERFORM "8 2.10. CONTRACT ADMINISTRATOR 28 2.11. SUBCOINrTRgCTOR(S) OR SUBCONSULTANNT(S) '78 2.12. SPECIFICATION EXCEPTIONS "8 2.13. TERMINATION "9 2.14. ADDITIONAL TERMS AND CONDITIONS 29 2.15. PRIMARY CLIENT (FIRST PRIORITY) "9 2.16. UNAUTHORIZED WORK 30 ' 2.17. CHANGES/ALTERATIONS 30 2.18. METHOD OF PAYMENT 30 2.19. ADDITIONAL SERVICES 30 2.20. WORK ASSTGN1vIENTS IDENTIFIED BY THE CITY 30 2.21, LIIvUTED CONTRACT EXTENSION 30 2.22. RECORDS . 30 2.23. TRUTH IN NEGOTLATION CERTIFICATE 30 2.24. PRE-BID/PRE-PROPOSAL CONFERENCE 31 3. Specifications 32 3.1. SPECIFICATIONS/SCOPE OF WORK 32 4. Submission Requirements 33 4.1. SUBMISSION REQUIREMENTS 33 5. Evaluation Criteria 34 5.1. EVALUATION CRITERIA 34 Page 4 of 34 DOCUMENT. Request for Qualifications (RFQ) 320284 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids; Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR 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 oiler:shall be deemed accepted`upbn 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 bidder`s/proposers and inake''available a written explanation for the rejection. The City also reserves the right tb 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 performthe requirements denned.in this•formal solicitation. .The City further reserves the right to waive 'any •izregularities or minor informalities artechnicalities 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 atthe. City's website• at: http://V,TPx.ci.miarni.f.us/proctu'eiiient ' 1.5. ALTERNATE RESPONSES MAX .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 attomey's fees through and including appellate litigation and any post -judgment z 0 - Q f-z� 3 o o z z Q j w w - Y = Q w U Z w O C6 E �noz = O a f- u DOCUMENT. Page " r"..M-3Avr. Y} v��a KS s:77,4•.1crmciD.l-,4 Wt �V�{L�,Li^^��JWY !z242taFLLaatc .}Jiir.z�? ;uR:Gt �pUi Request for Qualifications (RFQ) 320284 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/sen+ices, 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 andlrnake 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 depaitiuents 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 6 of 34 z 0 z H _ o co oz a v' Q � w u • Z w o • `n E m v o z = o a I- H U DOCUMENT. Request for Qualifications (RFQ) 320284 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. IL 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 R.FP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City; will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award 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 deposit's 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 lourest responsive, responsible Bidder or' Proposal most advantageous to the City or all responses inay be rejected. 144. BRAND,NAVES - If,and where;per, in the. specifications.brand.r'ames, 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, eff ciency;,grade or quality of goods only: When the City does. not wish'to'rule out other: competitors,',, -brands or makes, die phrase "OR EQUAL" is, added. When bidding/proposing an approved equal,. Bidders/Proposers wall submit, with their. response, complete'sets of necessary data'(factory information sheets; specifications, brochures; etc) in•order.fo'r die City to evaluate aiid_determine the.equality of the item(t) 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 furmshed,after formal solicitation opening/closing only upon request oftlie' City..If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a forthal'regtiest is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening%closing. In the event'bf bid/proposal cancellation; the Directo'r'of Purchasing shall notify' all prospectits'e bidders/proposers and'make available a written explanation for the cancellation. 1.16. CAPITAL EX•PENDITURES - Contractor understands that any capital expenditures that the firm makes, or s to make, in order to de prepareliver/perform the goods/services required by tbe'City, is a business risk which the contractor must assume. The'City'will not be obligated to reimburse amortized or unarnortized 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 LL4.BLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable ..:i+:`ic+un�.�'M%a+14tar5:%x:c•-.w'.w..'' :�13.^j+.t4W::ry`JSs3u _o f— J D- Wiz= -o nocc o o z Q a w w U= F— w coQ a w z u �z occ m O z u = o a o I— I— u :� „'Y �,,� n-�,;,.... �:. .:r ,;.....:._.�. :z�• .,_Page 7 of 34 _ ,�.:,: , ,..,- n,'�T,a"Tx'_- .:r ,.v.^+.•'tw �r .. .;z•rhX':r:x+ra•.'C#:T __i .,..a:..^,.-AMF.._.r :'.T.:'�:4 ..••. Tief.�.y':'a•.+V'a"Na�+i.���f ST�^rb�'J' 4J.+&Iscva:.:ec'o iv'�f4�=^.�+w"�'.a.'i'.+S'.i.�::N'RrYa••rYJi,.�Wv're'tS:....e�u�perri"��:a�nSe:n'.�.i �Fgviw:-: .+'u.'i%��'��•'tvcAr:.i�= Request for Qualifications (RFQ) 320284 z _o h- -' D Q z I m � 0 a Q D N U z co LU 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 o 3 will investigate all potential situations where collusion may have occurred and the City reserves the right to reject o any and all bids/responses where collusion may have occurred • o 1.19. COMPLL4_NCE 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 Imowledee 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 TSB after advertisement and terminates at the time the City Manager issues a written 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 depai talent. The Page 8 of 34 LL 0 0 z w w 2 1- z w w w m z DOCUMENT. Request for Qualifications (RFQ) 320284 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, S200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City 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 orbidders 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 upod•'regiiest. 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 bylaw, 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 pursnant•to the'City Code. Anyperson.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' r8-74 of the City of i;�iiami Code for further clarification. This language is only a snmmary 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 Snnmhine 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 of upon court order, • 1.22. CONFLICT OF NTEREST — Bidders/Proposers; b}r responding to this Formal Solicitation, certify that to the best of their imowledge.,or belief, no elected%appointed official or.employee of the City of Miarni 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 rrriting.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/itsel£, or others. Bidder/Proposer may not disclose or use information not available to members of the general public andgained 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 3• H't n"Yx,�-s�t.�. nvcnr�"^:•ram. � g;n�7�...-. {grr} iui'--"i:i%,�. i._"��nuxJ�.'�.�.`-"`.":cx�ntikx..+t`,�.,�casc.:a�.r--.�T�ii�•s':.-a. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ,.. ='. x.,.„,_..- ^ •'c7 . re • cr .. ,{. ral r ��e�xr_� Z ..,.. „,:c+r n, Pa 9�,of 34. _ � ...., p TI,,,.,-varre: ,•::,�7+�feLLzw:kp�--a"r,. .'.-..��'rrE�;:f%r' ' '$W:w�iy+�+�%,'^". aeau:5w:,4�u5u�'^r..s %'^w'"us�`s:.S� , F+. �ifa"uitx=�,�,`c'..tr�:'v'�rs�a.' ....aw:a+r• Request for Qualifications (RFQ) 320284 or business entity. B. Bidder/Proposer hereby acknowledges that be/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 bome by the B idder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment; pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the .City Manager, the city attorney, and the City Commission.. (b) 'Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) ' Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental, • entity. Page 10 of 34 z 0 D ¢ zF Goo o co z Q w u z mH w Q a z U z w o C7 `n o E cm o z u DOCUMENT. Request for Qualifications (RFQ) 320284 (6) False cenification 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 retrains 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 setforth 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 patty'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 paxt of Ithe,successf9ul Bidder/Proposer to accept the award; to furnish required documents; and/or to fulfill any portion of thus c'o'ntTact within the time stipulated. •Upon• default by the successful BidderPProposer 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 perforin 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•tinte specified. C. Failure toperform'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 ofthe 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 insohiency, bankruptcy; or assigriment 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.' tICT v&•iqT YvrrIM "vr. wa�7-,IO • z 0 • _z - o m cc 0 Z N d w Q w U z w m Q U w O C7 w • C w v, O z U = 0 < 0 a cYe 11 of 34 •F.Sf.:i_.:t^,.>nyr,S.'-i'.x : >., tY .r'it^.P^v'i�. � ^ :: �Y=.t:.x�.+.....xv,R.: f4:} V:;P::...5':�'V�'."�.P•4:: : a �.. b.qA'• ..1: 'li 1.^.�'iS,'A � �'• _^M .•�• wecarp:c;iws;»ait�m'.��v:,v::rPw;£?y,�^"�aa�.'�6.u_+L4:wis 4.Lcetu++llz..?:oyhstz.ae;r'H:v,�..'�u:s;�f:''r'�'uuN�",Aca-.-�:w«�.:�+:n''�'aaierr.'�^'_c^.: . Request for Qualifications (RFQ) 320284 All costs and charges incurred by the City as a result of a• default' or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.' Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)./Proposer(s) during the term of the contract. Such discounts shall remain in effect fora 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 ofMiami and Contractor in cases involving RFPs, RFQs, and RFI,Is, and represents the entire understanding and agreement betweenthe 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 12 of 34 z 0 ▪ i H z Request,for Qualifications (RFQ) N • 0 320284 • o n 0 z N a W < , 1.34. EVALUATION OF RESPONSES t a zm1-- A.Rejection of Responses ''' z The City may reject a Response for any of the following reasons: z ;' - w 1) Bidder/Proposer fails to acknowledge receipt of addenda; 0 cc o cc m 2) Bidder/Proposer mistates or conceals any material fact in the Response ; = o z 3) Response does not conform to the requirements of the Formal Solicitation; ~ u 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and; 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response. may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any;person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to.demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, 'equipment, facility, personnel resources, and ex ertise to Meet 'all contractual requirements." The'terms."equipment and •orrn3zation'' as used herein shall be construed to•iimean a fully equipped and well'•establislied entity in line with the best • industry practices iri'tb:e'industry a's deteiiiiined by the City. • 2) The City may consider any evidence available regarding the financial, technical acid other qualifications and abilities ofaBidder/Proposer., including past , performance (experience) with the .City or any other. governmental ettii} i s making the award. •'. . . • 3) , The City may,require the Bidder(s)PProposer(s) to show proof thatthey have been designated as an authorized representative of a'manufacturer or supplier whuch'is the 'actual source`of supply, if required by the.Pormal Solicitation. ' •. ' • • . ' ' • 1.35. EXCEPTIONS TO GENERAL _AND/OR,SPECL4 L• CONDITIONS, -OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall refereizce the section. Any ekceptions to the General or Special. Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for RFP, RFQ, or RFLI to be considered anon -responsive; and, if•exceptlons 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•naay be cause for DOCUMENT. YC'�I!a;il. n'S:w:^�ZS•sTrkLl� ..•.t .: '1Tr .'G• �.2cMx'y.,,.r:wF!':R'AS(,mr,.. w y.!:'C ^^.� (,, ;N:4^•C^^, vt2. "`R:x::.. .. .�..Tt;C`.> ..F.Wq/n .f' fi:C.•2YR!!Tt.'.Y.^,.v-^.y1.. `T, .-,,Q�.n. :P age 13, o.14 �F�:^£:^ •r'ry ^.nTL �t 7. :a��^.'1^n:Y:. �c", Gam.: au t- .w;�.i ,.:� la rigt-4� � : ,a�:.a �k n' .•. .�: ilwi.. cw-o >,g � .: :1=1. aiaWI :r-a..... a—.f4242,- �. xm::i;,;:�a.a,:,..� . Request for Qualifications (RFQ) 320284 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 MINTIMCJNI WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage, for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be. determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), tf applicable, full respdhsibilito " - 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 aclmowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contactual price increase request(s). The City reserves the Page 14 of 34 1.42. HEALTH LNSURANCE 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 (H]PAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, mdaich 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 ofMiami '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 1tHI/PHI 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 atailable 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 customer's written notice of its privacy information practices inpluding specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.43.DEM1 LF:1CATION - Contractor shall indemnify , hold harmless and defend the City, its offici 1Tv'ads, officers, .agents, directors, and employees, from liabilities,.damages,losses, and'costs, including, but not_liinited to reasonable attorney's.fees, to the extent caused by the negligence,"recklessness' orintentional wrongful m.i:scoaiduct of Contraactor. and persons employed or utilized by Contractor rn the:perfoixriance of this Contract and will indemnify; hold .harmless and defend the City, its o.cial.s, officers; agents, directors.: and employees against, any civil actions;?.statutory`or simi•1ar.claims, injuries 'of damages arisin.g'or res'tilting from the permitted work, even if it .is alleged that the,City, its.offioials 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 claun or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by'counsel satisfactory to City: The Contractor ekpressly understands and a±ees.that any insuratJce 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, eztiployees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its ova expense to and through appellate; supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of nri -4 KQ--P t: .m Tall- +r""T'-•'7..: T'l"A'41,ia4^,. ,...:,-zc.:..r,,7- .,"''':ra -ua :• �,tt :r ova ,i�carac�swun�:e";r�„ �-.u� .��' 3�. :�+.+.:.,.�4tzfvz. ;mi'�i-'nx:Fag:gar,amrrrw,r.;a'1�':��u�.��:axL �:.rY;»-.rF�a,o;+v�+��-'.�+w�'�i•+w'' Request for Qualifications (RFQ) z 320284 0 JVI 1. Hz_O I- c H n U right to request and successful bidder/proposer must provide for any and all information to make a wage and m Fc o contractual price increase(s) determination. N o w a D w 1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws N u of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall z m take place in Miami Dade County, Florida. LU Q z UJ 1.41. HEADINGS AND TERl1'IS - The headings to the various paragraphs of this Contract have been inserted for up z ▪ n - UJ convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way o cc m the expressed terms and provisions hereof. = 0 z H H U DOCUMENT age 15 Ttriss+V+h'rk, 24,-. �i.Rwv'x+i-^7a `_= '^ =vKv,.zm'.tE Request for Qualifications (RFQ) 320284 liability and al) 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 areements 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. IRTFORNIATION 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 froth 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 tabtilated 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. ENSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 4 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 16 of 34 z 0 P a = F- Z w co co � o z `) n w Q w N Y 2 zm w z Z U Z— o (-9 0 E m V) O Z =- U DOCUMENT. Request for Qualifications (RFQ) 320284 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. 150. NLA_NDFACTURER'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 b'id/proposal' or termination of• contract/agreenient, for which the bidder/proposer must' bear fulls liability: 1.51;;MQDTFICATIONS, OR CI GES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanriing to modify,40ormal Solicitation and resultant; purchase "orders or contracts, if applicable, shall be bmding.•upon the City • unless made in writing by the •Director, of Purcha'sinj of't& City of Miami; Florida through the issuance of a change order, addendum, amendment,,or suppleztienf to the -contract, purchase order or award sheet as appropriate. '1.52. NO PARTNERSHIP OR JOINT VENTURE Nothing,contai ed 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-'Itemstmay be tested for compliance with specifications under; the direction of Me Florida Department.of•Agriculture and,Consumer Services or by othet appropriate testing• Laboratories,• as:determmed by the City.., The data, derived from, any test for compliance. with specifications is public record and..open to examination•thereto m accordance with Chapter 119,;Florida Statutes. Items delivered.not conforming to specifications May be, rejected. and returned at Bidder's/Propos'er'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 bf these stipulations i aay 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 :•9'F'.:t^•:.....-.YK �A.....tL:•-YS�...;:lF�ist•.:'S`•f.j',N"A'&TS••tY91YyC"t�,^2�l'4••.`.'Yn.__ •..C1'7=^'s ^ECG•MpS:a2Z- i bf. i' 32. ' :-,.•...•'. .•.,. 1;Yre �: •. _.r•-n•'- rwz-:�-r:^�c•xrxr„or.�:�^>^ ,1,x,,•::,,,,..;a3c;,.,�., .• r^• .-.: -,� .: � atiSuiaSi».:::a2Fe`�=:�uww:��iw:r:rwrrr. ...Fx�ra<...=:k•ti�Fwa•�:�a++w'rs�;�:vwunrsw;.w:'t;..a�!w. a:.r.�•"r.s�r€-w �:s-.:s:,.�r sLin':U1Y THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. •rl _ u'.::r:m:.:. • eve..-e � a' :i:Y i i.' Request for Qualifications (RFQ) ' 320284 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 purchasesare 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. OWNERSBIP 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/PAYBMENT 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 18 of 34 o'ujr ✓r`s�h��w'�`r�.t Request for Qualifications (RFQ) .. 320284 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" colon 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 fire's naive 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;•sub'Mitting its response in hardcopy format. Use of any other forms will result in the rejection of the'response: •.,IF SUBMITTING HARDCOPY FORMAT, TEE ORIGIN,kL AND'T�iREE.(3) COPIES OFTHESE SETS OE. FORMS, UNLESS OTHERWISE SPECIFIED, AND'Ar1Y REQUIRED ATTACRMENTS.MUST BE RETURNED TO `THE CITY OR YOUR 'RESPONSE: M AY'BE DBE1 'NON -RESPONSIVE. • 1.62. PRICE A.DJiJSTMENTS.- Any' price decrease`effectuated dunnathe contract period either by reason•of market change or on the part of the contractor to other customers sfiall be passed onto the City of Miarni. •' • 1.63:, PRODUCT SUBSTTTTJ'TES'- Iri the eYent a parricular aWatded and approved manufacturers product becomes unavailable during the of the Contract, the Cgniiactor a*arded•tli'at 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. CONFLICTOFINTEREST,; AND Un'ETH[CALBUSL1\'ESS PRACTICE PROHIBITIONS - Contractorrepresents and.wTarrants:to•the City that it has not eznployed.or retained any person or company employed by the`Cityto solicit or..secure•>this•Contract and that it has_not offered'to pay,•paid, of agreed' to pay any person any fee, commission, percentage; b'rokeraQe fee, 'or 'Lt. of any kind contingent upon or in coninection 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 terrhs 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 nd 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, �tai 1 uD • y;,r.ta:ls".."F:'n""'%yY'7415i3:ii4:=•i.,. 0.• THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. .Pa°e 19 of 34. sf.'"h.''W:+iw$a':Y4?*i'::i':iLi4�w'r::t'Sew"�e'miicu�r�i`•vLi"a'Y�.i^v :,.. �z=-P°¢ca•c �..P..'fr.•.,=�.�,:.w.:.£.: Request for Qualifications (RFQ) 320284 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 famishedto 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 aff liate 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 28 7.017, 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 DI, 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. Materials furnished 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 20 of 34 DOCUMENT. Request for Qualifications (RFQ) 320284 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 Parry and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than S25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such 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 S25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. • 1.Protest of Solicitation. i,. Any prospective proposer.urho.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 Ofncer'ugthin three days after the Request,for Proposals•, Request for Qualifications or Request, for Letters of Interest is published in a newspaper of general circulation.' .notice of intent to fle'a.protest is :considered filed vihen received by the.Cliief 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 v. itri'three'days after the solicitation is published in a neWspaper:of 'general circulatioti.'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:bythe :proposerm of the notice.of the City Manager's recommendation for award of contract, which'will be posted on;the City of ,Miami Purchasing D'eparfnient website iii the Supplier Corner, Current`Solicitatrons and: Notice,of Recommendat on of A %aid Section.: The notice of he City Man ger's recommendation;can be found by selecting the details of the solicitafion and is listed as Recommendation"of Av, and Posting Date and • ' Recommendation ofAward To fields. If"various" is indidafed'iii the Rebonimendaiion of Award Tel field; the Bidder/Propo'ser naust 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL Ln LL 0 0 z w w z; W z (n LL m 2 D < 0 v 0 1 •v'� .-Y-'w�', "' -',. �-:• ...c�«a�tua:�arf+�D � � �,....,•,-.- - wZ'b�i.�....wczi,rr,mw-rw:.: �' �,-•n;R: Request for Qualifications (RFQ) 320284 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 rim 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 fling requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. 'Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or '$5000.00, whichever is less,' which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above, If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to Page 22 of 34 H 0 0 z w w z w N w z 0 DOCUMENT. Request for Qualifications (RFQ) 320284 will result in disqualification of 'bid/proposal.' 1.79.'SI.JBi SSION'AN'D 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 33133-55.04; at or before, the specified closing date and' time as designated in the TFB, RFP, RFQ, ,or RILL NO EXCEPTIONS.' Bi.dders/Proposers are welcome to attend the 'solicitation closing; however, no award vaill 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 nanle.and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may brejected. Hardcopy responses received at•any other 1ocation'thari the specified sm hall be deemed •non -responsive. ' Directions to City Hall: . FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US'l. 'US 1 SOUTH TO 27THAVE., TURN: LEFT, PROCEED SOUTH TO S0. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT"THEEND OF PAN AMERICAN DR. PARIG IS ON RIGHT. FROM THE SOUTH: US1 NORTH: TO'27TH AVENUE, TURNRIGHT, PROCEED SOUTH TO S0. 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. PARKLNG IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure'to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before. the close date is solely and strictly the responsibility of Bidder/Proposer, The City of Miami is not responsible for delays caused by the United States mail the City. lfnot 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 pan 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 WARRJA.NTY—.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 sen=ice 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, Depaitment of General Services, to supply the items on this solicitatign,.the bidder/proposer shall quote not more than the contract price; failure to .comply with this request THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. •�i•_HL:C4:j`l�>.`T:4t'r?'nf.'n;AW �F1'.W?•C)GSV Y?CY.LN,Cl,Oi:�;�!'TITry�''q��H�.`•ilk'MC:T.,-1t?i3'fl_.9:i.:�J,'Artw tyx n: ;,�.^TtY,r.'_a�7T.4i+i".�' x4.tl{`.�"T=1Y.:59!iR1:%•syrN!:.J"._'TSf..CS.Y.+.�.trtfii.'��.:+Rc'Y•.M1M^.�tiw%a.H���.��Q'�+s�L..7�.rt�.�}.�.�F1M1'I'^•'_'?C^•."St �'�.`.'i :'e)n.., •n:. e4:C_. .�.%:J.T+1.«w1W�"J'.b✓F ..?i-C'•nsr �.r� vs.4 YaW...vr '." 6iNiYm+'4v<.ia.+.:GiaJ`-k"'w":aL'a�-nWH+u�ti����F •• u�f=��',`K`�,s•••0 '�11C:. �JaWlJiS`..if�':Wi:810.: wJc S'J"�!•••'t4a�2t•"'_.'�Y'•'naM'F.'1•".,J'1"'J�•1l"C"1"15•/��n�+`:JfTi"J"l�:wt%XatLi['"1••)�.'ii•*AG. z o cr, Request for Qualifications (RFQ) z H 320284 o z delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be < w returned unopened, and will not be considered for award. u z m Q E. Late responses will be rejected. z F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions ? z N are subject to rejection. o CO G. Modification of responses already submitted will be considered only if received at the City before the time and = o < date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or' in ' ~ u 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 24 of 34 DOCUMENT. a = z_ --- o Request for Qualifications (RFQ) 0 0 320284 z w U �. "trade secrets." z m If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Q w Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," u z with your firm's name and the Solicitation number and title marked on the outside, o ccm v) O z Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. E 0 a By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the ~ ~ u 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 puiblibity materials containing information obtained from this Solicitation are to be mentioned, or innply the name of the City; without prior express written permission of the City Manager or the City Commission. 1.88. VARLATIONS OF SPECIFICATIONS - For purposes of soLicitation evaluation, bidders/proposers must indicate any Variances froth the solicitation' specifications and/or conditions, no matter ho'. slight. If variations are not stated on their Response, it•will be'assumed that the prodnat fullylecihiplies With the City's specifications. `Fy''',. t'i`'',..T.�,"'iy�l:.tbmlrit°t'S+A1i�v�'wtyp%s4tlro,A 'a.'�..':+4.4ZAZ DOCUMENT. �:waves:wsk7.va.�i..�r�2-,.`.tuzienumwa. Request for Qualifications (RFQ) 320284 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Special Master Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation, 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: 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 8, 2012 at 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 DEADLLNE. 2,3. METHOD OF AWARD Award of this contract will be made to all responsive, responsible vendors who meet the minimum qualifications set forth in this solicitation. Based on responses to this Request for Qualifications (RFQ), it is the intent of the City of Miami to create a pre -qualified list of respondents. These individuals/firms shall then be deemed to be pre -qualified to provide the services of a Special Master as required by the City on an as -needed basis. The City shall have the ability to select individuals/firms from the pre -qualified respondent list in its sole and absolute discretion. There is no guarantee of a minimum amount of work or compensation for any of the respondents selected for pre -qualification. This RFQ does not in any way limit the City's right to solicit contracts for similar or identical services if, in the City's sole and absolute discretion, it determines responses received are inadequate to satisfy its needs. During the term of this contract, the City reserves the right to add ordelete vendors as it deems necessary in its best interests so as to obtain the most competitive rates at time of need, If the City elects to add vendors, they must meet the same minimum qualifications established for the.original competition. 2.4. 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 two'(2) years with an option to renew for two (2) additional one (1) year 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. , 2.5. CONDITIONS FOR RENEWAL Page 26 of 34 ' Z o J = Z O z N a w Q N U H z m a J z u z Luz o (9 w 2 o ec m vn O z u o 0 u o Request for Qualifications (RFQ) 320284 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 2.6.NON-APPROPRIATION OF FUNDS Ln the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City.. No guarantee, warranty or representation is made that any particular or any project(s) will be. awarded to any firm(s). 2.7. PROPOSER'S MINIMUM QUALIFICATIONS The following represent the minimum qualification requirements for a Proposer to be deemed responsive and qualified by the City, and Proposers shall satisfy each of the following minimum requirements cited below. Using a narrative form, each must be addressed in detail to determine Proposer's responsiveness and if qualified. 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. Minitntun Qualifications: 1. The 'special•'master(s) shall be an attorney at lavi' admitted to the practice law in the State of Florida with a minimum of five years:,',, 2. The 'special master(s)''shall bea member in good stanrlirig of robe Florida Bar.. - 3. The special masters) shall possess outstanding reputations for civic pride, ititeresi,.ntegrity; responsibility and business.or, professional ability and shall provide three written references on letterhead demonstrating same. 4. , .The special•mastei(s)•shall have significant kn'oedge of the 'city code•enforeemeut.matters and the City of Miami Code of Ordinances. 5. The special master(s) shall have knowledge in advanced legal research and writing and drafting of legal orders. v y V V 6. The special master(s) shall have experience in presiding over hearings related to the areas of code enforcement. Preferred Qualifications: 1. Previous judicial or hearing officer experience. 2. Previous municipal law experience. 3. Top 20% of graduating class. 4. Law review or moot court. z O ▪ J = Z m cc N o W Q ='v= Z m < J Z � Q V Z N w O w 2 o cc m un O z U O r,-20-er.a' F.v:?,V�glia V::: - Nir .1 vA2z•?7"ire-....^. ...y:rr_ a':",EE>..?== "S;?�.:.� .. �... ;F_.�..;t,te r,.:. . •:m��x..y^ 7,^•a: t �nr;=4�a 6,.2 0.1...11 _...... {••r•i •.�,?h`••F:_+'= ES; t.•+ taxi:;;:.t:asu'e.s�:aer�.d+Kr4S�ni�'�.t�t�a'� '�:r�'1y�..w.rw.+"` :{afu:F�s.-.arcm. ruse.uae�i,7w>w,aZwa�.`s.W�ir�..�w.s„d.�,.srcx.e�eLuu"'F�:s.:m...:.u�:rg.:.ryiL•?+aw;..casus�ia~uti3rni"k:`w".u4"k�TJ„a«... a%:,,•.'�'.F.'�l. Request for Qualifications (RFQ) 320284 2.8. CONTRACT EXECUTION The selected Proposer(s) evaluated and pre -qualified 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 "Exhibit A -Professional Services Agreement" and available via the Header section to this RFQ, 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 famished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney: 2.9. F.A.ILURE 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. 2.10. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Ms. Elena M. Gonzalez; who shall be designated as the Contract Administrator. 2.11. STJBCONTRACTOR(S) OR SUBCONSULT_ANT(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 theCity. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information.required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.12. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Page 28 of 34 z 0 �o LL m cc D o z N a w Q D N U F- z m w . Z z o c cn o z O v z w L U O 0 Request for Qualifications (RFQ) 320284 Deparunent, in writing, noless than ten •('l 0) 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 items) in compliance with contract specifications. v 2.13. TERAIDNATION 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 «mitten. notice 'when it is in the best interests, of .the City..of Miami. If this Conn -act is for supplies, products?, equipment, or software,. and so terminated fo'r.:the convenience by the City of Miami the:Coniractor:will be compensated in accordance` with an agreed _upon adjustment .of cost. To the extent• thatthis Contract: isfor services; and so .teMinated, the. City .of.M anv shall be.liable.only for payment in accordance with the.pa ment provisions of the Contract for those services rendered prior to'termination. 2.14. ADDITIONAL, TERMS AND CONDITIONS No additional terms and conditionsjincluded,as part of your solicitation response shall be evaluated or considered, and any and all such' additional tezms'and conditions sliall.'have;no force or: effect and.are i.applicable to this ' solicitation. If submitted either purposely, through intent'o"r'design, or.inadvertently apperiaring separately'in • transmittal'letters,, specifications;:literature; pnce.lists qz warranties, it is. understood and agreed that the General • Conditions and Special Conditions iii:t is so'li'citation.are.the only conditions.applicable!.tq• this;solicitatzon.and that the bidder's/proposer's 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 coriditions 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. 2.15. PRIMARY CLIENT (FIRST PRIORITY) THIS DOCUMENT IS A SUBSTITUTION z EE 0 a 0 z 0 0 1— CAN BE SEEN AT THE END OF THIS DOCUMENT. :,:"-r,. ,ate:_ ...,....w �. , . - �_, ....: m n_. age .29,0 ^..4; ::..� nc—��,..,., r..,: r•.�.c:�.�.ex-..s+�a�,.cartr'ri:.c`•L'•���s..1�.�.�..�:uic.y�:vE.Ti u'�vu.:.1::aa..'•�"�i�_�:�Sw+aa�:is4�..r..a.vi�'.s•.''{roe,'•-....rrr.Lin.,;�=�:5:• Request for Qualifications (RFQ) 320284 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 bidders)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.16. UNAUTHORIZED WORK The Successful Proposer(s) shall not begin work until a Purchase Order is received. 2.17. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.18. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 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 parries. 2.20. WORK ASSIGNMENTS IDENTIFIED BY TEE CITY All service assignments during the contact period will be' on an "as needed" basis, complying with notification requirements. The City offers no guarantee as to the number or frequency of work assignments or the amount of payments under the terms of this contract. 2.21. LIMITED CONTRACT EXTENSION Any specific service assignment which commences prior to the termination date of the contract and which will extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, continue until completion' at the same rates, terms and conditions as set forth therein. 2.22. 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, ' 2.23. TRUTH LN NEGOTIATION CERTIFICATE Page 30 of 34 z o v J = I— Z N — O co cG 0 o z N w Q ( U 2 z m < u, J U z v w o w 2 v,ozu 0 H OI- U Request for Qualifications (RFQ) 320284 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. 2.24. PRE-BID/PRE-PROPOSAL CONFERENCE None ;ae...,o::+-wu.✓:,N-y.'wet.�.w�::r���'r.'ii�5�rv�t+1'a�i..wi�..'��.t�F•ad:.._ a:�•,._.n...r.;c 'q%^'w'M^;�,y;,x7.�,_ s°aw4�::��,. xnfa�.. Request for Qualifications (RFQ) 320284 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Definition per City of Miami Code Section 2-811: Special master(s) means a person(s) appointed by the city commission, or pursuant to city commission authorization, to preside over the code enforcement and other similar bearings and proceedings in accordance with the City Code in the same capacity as the code enforcement board and other similar boards. As many special masters as deemed necessary by the city manager shall be appointed. The special master(s) shall have the same status as an enforcement board, pursuant to Florida Statute Chapter 162. The special master(s) shall be an attorney at law . admitted to the practice law in the state, a member in goodstanding of the Florida Bar, shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability, and have significant lmowled¢e of the city code enforcement matters and other similar matters in accordance with the City Code. For purposes of this chapter, and all actions taken pursuant to its provisions, whenever a special master serves, instead of the enforcement board, including, but not limited to, holding hearings and assessing fines, costs, and liens, the terms "special master" shall be synonymous with the term "board." A. Special Master agrees to serve as a Special Master for Code Enforcement and other similar hearings and proceedings in accordance with the City Code. B. Special Master represents and warrants to the City that: (i) she possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) she is not delinquent in the payment of any slims due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described herein. 3.2. Compensation: A. The amount of compensation payable by the City to Special Master shall be a feed and firm amount of S100.00 per hour. This amount.is not subject to future escalation throughout the contact and optional renewal terms. Furthermore, in no event shall the total contract amount of compensation exceed S25,000.00 per year. Page 32 of 34 z o z O CC) CC o z (r) n w < - U Z m Q 2 Uz vwi w l7 cn O z U 0 4. Submission Requirements 0 Imo- Z_ w C7 m � o D O `I) o_ w Q w U w co 2¢wH 4.1. SUBMISSION REQUIREMENTS a z W Z In order to determine Proposer's Qualifications, the following documents, as a minimum. are to be submitted as part o o z u of the Response to this RFQ. 0 1 o u 0 ' 1, Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification requirements, pursuant to Section 2.7. Proposer's Minimum Qualifications. Include in detail, evidence that clearly demonstrates Proposer meets the preferred qualifications, pursuant to Section 2.7. Proposer's Minimum Qualifications. 3. Indicate whether the selection of Proposer would result in any current or future potential conflict of interest, If so, your response must specify the party with which the conflict exists or might arise, the nature of the conflict, and whether your firm or any of its affiliates or parent, would step aside or resign from the engagement or representation creating the conflict. Please also disclose any financial or contractual relationship an employee(s), partner(s), principal(s), officer(s) or owner(s) of the firm, and/or the firm or any. of its affiliates or parent, including joint ventures, has, or have had, over the past five (5) years with any City of Miami elected or appointed official; or with a firm in which they were ethployed. This information is subject to verification as part of the qualification process. wtelyi��}AdY o izzawiiNb}5uL1:4.I+fmA1i5. }uw,byl)�v+•,70MjfC+..wGoL'l� s11S Y1+�4 W�4�FWi l+'. :4 Request for Qualifications (RFQ) 320284 4W, ,2• Paae_33 ,of.,: q., . ��=iS:1.•�.,A'S' a{>3,�zf,.:w� �qrJ.� ,n dd3Yn'.0�*G'.+w�R� d`niti'NYi�t+t��"{'ref aihtab Request for Qualifications (RFQ) 320284 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Respondents shall be evaluated to determine qualifications for Special Master, based on related experience and information as requested in the Minimum Qualifications section of the RFQ. The City shall establish a Qualified Proposer's List for placement of all pre -qualified proposers for Special Master Services. The names of all pre -qualified proposers shall be submitted to the City Commission for approval. The City reserves the right to add additional pre -qualified proposers to the list at intervals as determined necessary by the City throughout the duration'of the contract in order to insure availability and expediency of work. Each proposer who seeks to be added to the list will be evaluated, consistent with the requirements of this RFQ, to determine qualifications. Page 34 of 34 _0 D- Z LL Ln — O m c o 0 z `n w Q - U = Q w m Q = z w z w "EXHIBIT B" PROPOSAL (Proposal to follow this cover page) DOCUMENT. • "EXHIBIT C" SCOPE OF SERVICES fScoDe of Services to follow this cover Due) z 0V) D < Z co 2 D 0 z ct. w < D w cc) U < Z _3 Z w U cm 0 a E2 co (r) 0 I 0 < U DOCUMENT. .`"'51=4212=17======2.0=a4T416"="initTZWZIMFtralc;==it 17 SUBSTITUTED LIST OF PRE -QUALIFIED FIRMS/INDIVIDUALS Exhibit A RFQ 320284: SPECIAL MASTER SERVICES 1) Darcee S. Siegel, Esquire 169 Camden Drive Bal Harbour, FL 33154 '305-948-2939; 305-787-6004 darcee.siegel(@.citvnmb.com 2) Jack R. Blumenfeld, P.A. Gables International Plaza 2655 LeJeune Rd., Suite 700H Coral Gables, FL 33134 670-3311; 305-670-7003 'ack' .apa'ack.net -.an:."-T—T2:>: w �.<zJ•T;i.�. ...pm. y...i.. _ •..r q..rL _.a.,..;/:..t :=.. �IFil ..p, 4111axn^a�..,.,v,w. Gy..m s:::;.r_:n.:na.e9r..��.a_..'-• 11,72•y 7.;:Achy,.,-22=n:.: ,c.•sYroFr^.:=i0.7 �-:.•:.ror::� ...smr.K-sleva��dn.xiu^>w:,5:+7++J�rafiw''.'3e` fares''IF:cuT,u.•:.�:namjr:ls�":fz�'-•�"iir��m5. ,-.�r:.wra'vase:�vay.xceux.�eF...wav'�.3Vs!� Ztilew.,npmn»i•tauz�vrS�u�:�u.u�xw+�:.s>•:�+b%�'sukcro..�::a1.'J?zSa;..+csic:�}1.,:.a+:ilin`u"�wir..x'7-X%.isa:uaz Page 1 of 1 SUBSTITUTED PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND This ', ofessional Services Agreement ("Agreement'') is made and entered into as of day of '" �;,. 2012, ("Effective Date" shall be September 1; 2012) by and between the City Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), � , (hereinafter referred to as the "Provider"). RE ALS WHERAS, the City requires services for a pcial Master for Code Enforcement and ,.t other similar hearings and proceedings in accordance with tL'"':: City Code; WHEREAS, the City issued a .Request 'for Q►'•,.ifications ("RFQ") No. on , 2012, which is attached hereto `~ Exhibit "A" and incorporated herein by reference for the provision of Special Master for Co -:, Enforcement services ("Services''); WHEREAS, the City advertised such Special Master for Code Enforcement position three (3) newspapers, in compliance with Resolution No. WHEREAS, Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B" and incorporated herein by reference, has been selected 'as the most qualified and advantageous proposal for the provision of Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents. r:nca r *xr'.^„e,�. •�:rr•... .e>q-rr -. �^^rra:r ..sz+ns:. �'^n-.p•+'{d'^'•.�t:rk"xcaa .ws.�; ytZ�'r-ha;�. ,,.�.. u�nr r..., ^m - vyny-. �Y tr•r'c�r�''T*'v^y"`ea+-�-r�wrr`'c�Yr'i�:.ra.*�.w:F.'vi'u'�.a'FF'.var:�s�^v+�yxw ,.: .., yrw'F..+awiuiC''is�'.xu�c n.�.Tv�±t.r:d�.]attx��ir�,�...r�"�yir�"��;t�?z.:.:c3+�,aw`r.�'�-ir T: �,t'�^.•-^"E-"•vu 1 �'�'s3iitl ab'4'fv�H:l.�3e�1GLF. -"":l •�.'•� "I.tCdi. SUBSTITUTED WHEREAS, the Commission of the City of Miami, by Resolution No. adopted on . approved. the selection of Provider and authorized the City Manager to netiate and execute a contract in the form of a Professional Services Agreement ("Agree'°t,nt"), under the terms and conditions set forth herein. \1rHEAS, the Provider, familiar with the Scope of Work required hereunder that comprises the Req►,,st for Proposal and the Contract specifications and having expressed its desire and willingness ` 5 provide such professional services and having presented their qualifications to the City; and WHEREAS, the City agree'; to engage the Services of the Provider and the Provider agrees to perform the services for the City _., der the terms and conditions set forth herein. 'y{ 4 NOW, THEREFORE, in consideration •f the mutual covenants and, agreements herein contained, the parties hereto agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are here: , incorporated into and made a part of this Agreement. 2. TERM: Unless terminated or cancelled, including by §17 herein, th";,term of this Agreement shall be for two (2) years beginning on the Effective Date hereof. The Effective Dat `'a:or purposes of this Agreement shall be September 1, 2012, which is the date on which the Provider shall co "' nce Services of the resultant Agreement. 3. OPTION TO EXTEND: • The City shall have the option to extend this Agreement for tw additional one (1) year periods., .The City, acting through its City Manager or Purchasing Director, 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 2 SUBSTITUTED 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. SCOPE OF SERVICES: A Provider agrees to serve as a Special Master for Code Enforcement and other similar hearings `=, proceedings in accordance with the CitY Code and more specifically described in the Scope of Services, atta of this Agreement. B. Provider repr ed hereto as Exhibit '`C", which by this reference is incorporated into and made a part nts and warrants to the City that Provider: (i) possesses all qualifications, licenses, registrations, approvals, d "C"; (ii) is not delinquent in the paym expertise required to perform the Services described in Exhibit • of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performs , e of any obligations to the City; (iii) is and shall be, at all times during'ilie.term hereof, fully qualified and tr. -d to perform the Services described in Exhibit "C"; and (iv) the Services .will be performed in the manner' described herein, in Exhibit ".0 , and. in any submittals approved by the City. S. CONSTRUCTION OF AGREEMENT: This Agreemen"" . hall be construed and enforced according to the laws of the State of Florida; 6. • PRIORITY OF PROVISION: If there is .a.conflict with the Request ` , .Qualifications and/or the Proposal and/or this Agreement. this Agreement' shall prevail. The City reserves =>; right to resolve any 'obntradictioris and to correct any errors contained :in its proposal•documents. Any con ''.,ts between the Request for Qualifications and any Addendum shall be resolved in favor of the provisions Agreement. If there is a conflict or inconsistency between any term, statement, requirement or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Agreement Documents by reference and a term, statement, requirement, the specifications and plans this ;�ge..^m.� :p•. .c, �� 'ij''_:.., �rnr..s+.,7c- �aa-n�.—�lcm-z ;✓� F.!F.F'••,:••-• l�R: •:.:.L.....�-.SS:.M1"-.t.,'4'S)l1`kT.....w4Ty.`^1rGY=^':.^. `.�;.. �� rw;+.4�c :c�.s..z.u2r•t�s�',i.'ie:+a''a 1'1°M1Y6`144aC..w.� Gia:as,'� �:u.uM.s��r�+-�*;t=+�riss�' e'�°'':.�.nGkaJnaza.:ac+)�..�.a.sz-uv '-w.u.,-as�aa.Fc:. '"5.3.,_:�..W—� SUBSTITUTED prepared by the Provider, or provision of the Agreement Documents, the following order of precedence Shall apply: In the event of conflicts in the Agreement Documents, the priorities stated below shall govern: 1. Revisions (Amendments) to the Agreement that are ' executed shall govern over the Agreement. 2. Agreement shall govern over the RFQ, any Addendum to the RFQ, and the RFQ Respon `.:'roposal. 3. The RFQ sha •.overn over the Response to RFQ/Proposal. 7. COMPENSATION: A. The amount of compensation ..yable by the City to Provider shall be One Hundred Dollars • (1100.00) per hour; provided, however, th - in no event shall the amount of compensation exceed Twenty -Five Thousand Dollars (S25,000.00) per ye B. Payment shall be made within 30 days after eipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contab ;sufficient detail to allow a proper audit of expenditures, should City require one to be performed. Provider is ` . entitled to travel expenses. 8. OWNERSET OF DOCUMENTS: Provider understands and ' a,ees that any information, document, report or any other material whatsoever which is given by the City to P'°'`..,rider (which was not previously possessed by Provider or not otherwise in the public domain) is and shall at . times remain the property of the City. Provider agrees not to use any such information, document, report y;,material which is the property of the City for any other purpose whatsoever without the written consent of the ty Manager, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Provider shall retain all rights to any confidential or proprietary information; as such is defined by the laws of the state of Florida, prepared by Provider during the. course of this Services Agreement. 9. AUDIT A_ND INSPECTION RIGa'1'S: 4 SUBSTITUTED A. The City may, at reasonable times, and for a period of up to three (3) years following the expiration date of this Agreement, audit; or cause to be audited, those books and records of Provider v .. ch are related to Provider's performance under this Agreement. Provider agrees to maintain all such books : d records at its principal place of business for a period of three (3) years after the expiration of this Agreeme Al] audits shall be subject to, and made in accordance with, the provisions of Section 1 8- 102 of the Codes o e City of Miami, as it may be amended or supplemented from time to time. B. The City ;< at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the Citj' .. eems reasonably necessary, to determine whether the goods or services required to be provided by Provider der this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicabl- :: Provider shall make available to the City all reasonable facilities and assistance to facilitate the perform `,Rce of tests or inspections by City representatives. All test and inspections shall be subject to, and made in a °:ordance with, the provisions of Section 18-101 of the Code of.the City of Miami, Florida, as it•may be amende ..r supplemented, from time to time. C. if any litigation, claim, negotiation,. audit, or'othe '; ction. involving the records, has been started before the expiration Of the three (3) year period, the records m '`: be retained until completion of the action and resolution of all issues which arise from it or until, the end the three (3) year period, whicheVer is later. • 10. • A4'ARD OF AGREEMENT:' Provider represents and. warrants to the C. hat it has not employed" or retained. any person or .company employed by the City to solicit or secure this ;creement and that it. has not offered to pay, paid, or agreed to pay any person any fee; commission, perce:;,ae; brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 11. CONFLICT OF INTEREST: Provider covenants that no person under its employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal or financial interests, direct or indirect, with the Provider. Provider further ants that an eperforrnance of the cement operson,hav e such conflicting interest shall: beer 11r' , rr4..*: xuarawvl+isl+tkir�Vbi'e'�'w��.a�c:.iea ��'w.txacmm '5...�c�'u'uw 5 SUBSTITUTED employed. Any such interest on the part of the Contractor or its employees must be disclosed in writing to the City. Provider is aware of the conflict of interest laws of the City, Miami City Code §2-611, Miami- ounty, Florida, Miami -Dade County Code §2-11.1; and the State of Florida, Chapter 112, Part III, Florida Sta' .;tes, as amended, and agrees that it shall fully comply in all respects with the terms of said laws. 12. PUBLIC REC► r S: Provider understands that the public shall have access, at all reasonable tunes, to the City's contracts,":; bject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the pub",; to the City's contracts subject to disclosure under applicable law. Provider's failure or refusal to comply wig ,:the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 13. COMPLIANCE WITH FEDERAL. STATE 'D LOCAL LAWS: Provider understands that agreements between private entities and local gove ents are subject to certain laws and regulations, including laws pertaining to public records, conflict of rest, record keeping, etc. City and Provider agree to comply in this Agreement and all Attachments thereto v. and observe all applicable federal, state and local laws, codes and ordinances as they may be amended from t e to time. 14. INDEM1Vl.ti1CATION: Provider shall indemnify, save, hold harmless and de d the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, pena ' s, fines, expenses, and costs, including, but not limited to reasonable attorney's fees, (collectively referred "Liabilities") caused by the negligence, failure to exercise the applicable standard of care, negligent act or omission, recklessness or intentional wrongful misconduct of Provider and persons employed or utilized. by Provider in the performance of this Agreement and will indemnify, save, 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, or from failure to comply with any applicable code, statute, ordinance, rule' or regulation relating to this Agreement or performance under it, any breach of contract, any "statutory" or duty of care breaches or violations including any 6 SUBSTITUTED patent or copyright infringement claims or any other civil actions arising from this Agreement even if it is alleged that the City, its officials, employees, agents or representatives were negligent. In the event that ny action or proceeding is brought against City by reason of any such claim or demand, Provider shall, upoir written notice from City, resist and defend such action or proceeding by counsel satisfactory to City, The Provir expressly understands and agrees that any insurance protection required by this Agreement or otherwise pr.,'ided by Provider shall in no way limit the responsibility to indemnify, keep and save, and hold harmless an defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification pro ded .above shall obligate Provider to defend at its own expense to and through trial, administrative; appellat', supplemental or bankruptcy proceedings, or to provide for such defense; at City's option, any and all cla of liability and all suits and actions of every name and w:. description which may be brought against City • "ether performed by Provider, or persons employed or Utilized by Provider. This section (Indemnification will survive the cancellation, termination or • `L. expiration of the Agredment• This indemnification will be �terpreted • under the„ laws, of the .State of Florida, including without limitation and which conforms to the Fla. Statutes, as' amended from time to time .as. applicable. . Provider shall require all Sub -Contractor. agreements to include indemnify the•City. • The Provider agrees and recognizes that the City shall not be held liable ,or re itations of §725.06 and/or §725.08, provision that they will nsible for..any claim which may result from any actions or omissions of the Provider in which the City L rticipated either through review or concurrence of the Provider's actions. In reviewing, approving or reject any submissions by the Provider or other acts of the Provider, the City in no way assumes or shares an responsibility or liability of the Provider or Sub -Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the gr Suanting of this Indemnification, the receipt and sufficiency of which is ':A3�',�tia`*w �z...+''''�'L�z'.r.•.a+'G` ss:^.su'aSw:J=• 'e ix �.kv.,,vcs�Fsadis,•f''�..'rs�r..•.nag.-c�Yi+�i"+:w-..Wcnk�`.�.w�uJrz.a7a:t.Slta1.'i.zvF' acknowledged by the Provider. • 7 SUBSTITUTED 15. DEFAULT: If Provider fails to comply with the terms or conditions of this Agreement or fails to• perform any of its obligations hereunder, then Provider shall be in default. If Provider fails to cure the default within thirty (30) days written notice froth City, the City, in addition to all remedies available to it by law, may immediately upon written notice to Provider, terminate this Agreement in accordance with § 17, TERMINATION RIGHTS. of this Agreement; whereupon all payments, advances or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the 't-v. Provider understands and agrees that termination of this Agreement under this section shall not release pro '•er from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwi to commence to perform the Services within the time provided or contemplated herein, then in addition to e foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negot'':._'ons of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the •,'ices, including consequential and incidental damages. If is determined for any reason that the Provider wa ,'ot in default or the Contractor's failure to perforin is 'without Provider's control, fault, or negligence, the tenn tion will be deemed to be a termination for the convenience of the City of Miami. . 16. RESOLUTION OF CONTRACT DISPUTES: Provider ``=. derstands and agrees that all disputes between Provider and the City based upon.an alleged violation of the ``_: , s of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provi•' :, being .entitled to seek judicial relief in connection therewith. Provider shall not be entitled to seek judicial rel.). = ' , nless: (i) Provider has first received the City Manager's written decision, approved by the City Commission amount of compensation hereunder exceeds S25,000 or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the ,dispute, accompanied by all supporting documentation, ninety (90) days if City Manager's decision is subject to City Commission approval; or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 17. TERMINATION RIGHTS: 8 SUBSTITUTED A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, at any time, for convenience and for no .cause, by giving written notice o Provider at least thirty (30) days prior to the effective date of such termination. In the event of a can _ lation for convenience the Provider shall have no other recourse against the City except to be paid for its Co'':,..ensation earned under the contract prior to the effective date of termination. B. , shall have the right to terminate this Agreement upon the occurrence of an event of default as provided 16. 18. NONDISCRL>1 i ':;,- TION: Provider represents and warrants to the City that Provider does not and will not engage in discrirn Story practices and that there shall be no discrimination in connection with Provider's performance under thAgreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider`:: rther covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, reli'`':'on, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or subject to the discrimination under any provision of this Agreement. 19. ASSIGN NT: The Provider's services are considere :.unique in nature. This Agreement shall .not be assigned, sold, transferred or otherwise conveyed by Provider, " : whole •or in part, without the prior written consent of the City Commission, which may be withheld or co=.;.itioned, at the City's sole discretion. . 20. •'• NOTICES: All notices or' other communications required under this. Agr =' -;;+ ent shall be IN writing' and shall be given by hand -delivery or by .registered. or certified U.S. Mail,, 'i m receipt requested, addressed to the other party at the address indicated herein or to such other address a`';, party may designate by notice given as herein provided. Notice shall be deemed given on the day on wh personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. M1R T.O_.CITY iy`Yi.�AS4 �C'•. Sat.is4=�iCir,�JaawY.c:ari,'r-t:.f:: a6%.4�1r': ��F+ Johnny Martinez, P.E. TO PROVIDER --t : r..w.� ter..., _..• � •;_..�_ . ia'-:.sre .;,�.,..: .+�r�^a.. -ear, s. .... •ir�..�•.<•. yr... k:._xa^a.�m ..•s..x^»�•;r+,-a.� �^:y.:F.s�alnafar^v;9mawaritra.r'..:PoA,ax-+wktn: au�,•� �`r•a'^'^' �Ca�i.`�.e::xs..uf'`�:+u�'c''?a�i+o" n �•� -` v'.ii-.mot=k.reF�L iwxaw:..: �.i SUBSTITUTED City Manager City of Miami . 444 S.W. 21d Avenue, 10t Floor Miami, Florida 33130 with copies to: Julie Bru City Attorney of Miami 444 :.W. 2nd Avenue, Suite 945 Miami, orida 33130 21. ]\'IISCELLANE► S PROVISIONS: . 4 A. This Agreement :' .• its Attachments shall be construed and enforced according to the laws of the State of Florida. Venue for an regal action shall be in Miami -Dade County, Florida. In order to expedite the conclusion of any action the p•'' 'es voluntarily and knowingly agree to waive their right to trial by jury, their right to file permissive count:. laims, or to claim attorney's fees in any civil or administrative action between them arising from this agre''4oent. B. Title and paragraph headings are for convene reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement sha ,,; onstitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall b ,: ective unless made in writing. D.. Should any provision, paragraph, sentence, word or phrase contained in this Aar •ent be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under`'=� laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 10 SUBSTITUTED E. in the event of any conflict or inconsistency between this Agreement and its Exhibits the Agreement will control. In the event of any conflict or inconsistency between the RFP attached as Exhibit A and the Provider's Proposal attached as Exhibit B, or the Scope of Services attached as Exhibit C, then ibit A will control. This Agreement constitutes the sole and entire agreement between the parties hereto. No • modification`' , amendment hereto shall be valid unless in writing and executed by property authorized representatives of .:; parties hereto. 22. SUCCESSORS ., TD ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal represen' .-.. ives, successors, or assigns. .23. INDEPENDENT CON ' : ,CTOR: Provider has been procured and is being engaged to •provide goods or services to the City as adependent contractor, and not as an agent or employee of the City and shalinot attain any rights or benefits u any rights generally afforded classified or unclassi `u. employees. Provider further understands that Florida Workers' Compensation benefits available to empl'.-es of the City are not available to Provider loyee or agent of Provider rendering r the civil service or pension ordinances of the City, or and.agrees to provide workers' compensation insurance for any e services to the City under this Agreement. 24.. CONTLNGENCY CLAUSE: Sufficient funding for this Agree ent is contingent on the availability of funds and continued authorization • for program activities and is su termination due to lack of funds, reduction of funds, failure to allocate funds, and./or et to amendment or nge in law or regulations. The• City may terminate the Agreement on the basis of this contingency clause's;, suant to §18, Termination for Convenience. 25, REAFPF3RNL4TION OF REPRESENTATIONS: • Provider hereby reaffirms all of the representations contained in the Solicitation Documents, if applicable. 26. ENTIRE. AGREEMENT: This instrument and its Attachments constitute the sole and only am;ee en o flit ,a -ties relating to t7he subject matter hereof and correctlb' set forth the rights, duties, and iitwb. He; ••• ! 4.6.,tva "-.".'mrar}`'` .l .°ur. ;r ; '•',Fi"^1q, ^i1,,IFbtuTAVO, Wu,,,-0.•' ATIV.A uaii+54V--�rAIr :,:v, m_g;y...,— 741Z y y,..�,;«:^ti g4:" n• �- . lr rni; S Lei' u atir' - ..� �*'aer.,..avaa��.r- +�" �w+�aasiiSin'�`.:2, wt 11 SUBSTITUTED obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth.in this Agreement are of rio force or effect. 27. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which ` 5.11 constitute an original but all of which, when taken together shall constitute on and the same agreement. • 29. REFERE E LIST AND ADVERTISLNG: City agrees that Provider may list that its Services are provided to the City''. Provider's sales reference list. Provider may advertise' to other municipalities that the Services are provided "=the City. This Section will not be applicable in the event the Provider is held in default by the City. 30. FURTEER ASSURANCES: A arties hereto upon the request of any other party shall execute such further instruments or documents as * > be reasonably required by the requesting party to implement the terms, conditions, and provisions oftl y greement. 31. THIRD PARTY BENEFICIARY: Provider an��., City agree• that it is not intended that any provision of this Agreement establishes a third party beneficiary action whatsoever by any third party under this Agreement, 32. PERFORMANCE EVALUATIONS: The City shall' conduct pe' ,.nmance evaluations during and after completion of agreements with the Provider, which are used as a b°' s for the awarding of further work as well as advising the Provider of its performance. 33. DISCRETION. Any matter not expressly provided for herein dealing with the Cit\ >i decisions ving or allowing any claim or right of of the City shall be within the exercise of the reasonable professional discretion of 34. ADA COMPLIANCE: Provider shall affirmatively comply with all applicable provisions of Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles 1 and II of the ADA (regarding nondiscrimination on the basis of disability) 12 • SUBSTITUTED and all applicable regulations, guidelines and standards. Additionally, Provider shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. MatiVOUOVNEMOWIMAMMai=a • wfi. •r4 13 SUBSTITUTED IN WITNESS WHEREOF; the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized; this day and year above written. ATTEST: Priscilla A. Thomps "City" • CITY OF MIAMI, a municipal corporation By: City Clerk Johnny Martinez, P.E. City Manager APPROVED AS TO LEGAL FORM ° :TD APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie Bra City Attorney ATTEST: Print Name 14 Calvin Ellis, Director epartment of Risk Management Provider" By: Print Name: SUBSTITUTED "EXHLBIT A" REQUEST FOR QUALIFICATIONS (RFq) (RFQ to follow this cover pne) 5=',:,,VW,WW4WAT,W71A,W.ATANs...14W,-3,WmPar-Wi.P.,2114111riare=k1F44:4=0,114744,7=a4RITTaTi7Z3rati....w.a.,,,I.M74.4uraZga-AdaT,WIWZMIDmaafa 15 SUBSTITUTED 151 it of Miarni Request for Qualifications (RFQ) Purchasing Department Miami Riverside Center 444 SW 2"d Avenue, 601 Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement RFQ Number: 320284 Title; Request for Qualifications for Special faster Services Issue Date/Time: RFQ Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: ;�'''^'`�-ii::Jiz:z\ia ��IFi ^`•;R,f`- yyy''�'�� oi�;•f� •-�iies�a�"^W� a;�-ru,i,..a �''z�'a�inFLbi`1 �.u{ai 01-" -2012 06/19/ <,. 2 @ 13:00:00 None Friday, June 8, 2012 at ;.00 p.m. Suarez, Maritza City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US • msu arez@ci. nziai.fl. us (305) 400-5025 �L �;.y, .. •:rr:z..•s•:•.L".ta•:s..: g+azit •.:�act�!,.-.,' .t±fn:�•.• 'A'H:ttei-.'cye:^4 .,a...Ra,e=74.21" ^ic. r-�Fu,;�}Y. • rn ;r s f•1-1�1M�.*xriFn�'�G�rvuxv�.�....�3..u[wi.�A�l�..=.Ja4•�"�.4rti'wP`Ni+b.Cs+r..�.i�.•5.�1?+it�•W+4u1.cM"hh'V W r�.�Nau Page 1 of 34 SUBSTITUTED 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 zeserves the right to accept or reject all or any part of this submission. Prices should be firm for a 'nimum of 180 days following the time set for closing of the submissions. In e event of errors in extension of totals, the unit prices shall govern in determining the. quoted prices: We (1) cert°' , that we have read your solicitation, completed the necessary documents, and propose to furnish and de't.,ver, F.O.B. DESTLNATION, the items or services specified herein. The undersigned h by certifies that neither the contractual party nor any of its principal owners or personnel have been victed of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No.' ;9271, • All exceptions to this submi t`.:;on have been documented in the 'section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained �`' his submission is true; and we (I) further certify that this submission is made without prior unders':•ding, agreement, or connection with any corporation, firm, or person submitting a submission for • ; same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fra" . We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to aan 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 DISOUALIFY THIS B)_D. Page 2 of 34 SUBSTITUTED Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City,of Miami, 1Miami-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 provis 10032 (Section 18-110 of the City Code) pertaining to the implemen Agreement.": Yes or No s of City 'of Miami Ordinance No. on of a "First Source Hiring, Do you expect to create new positions in your company in the event your company ' .. s 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. .'�'1�'itaf+•>f4ti«i-2ZA:n%ttal'153:t '.�'i�t,44�•X%.'14+GF� 1�::uwbv':A'kGiJ�4Sliti"1i�A�li�' fY�w��'p�•'�1�=4'��YiiiF4'.A�•f�e'�. f. ,ti "nos•`iM-7x lean 'Y .:+i:'.-pw" narr: 4,:=. ; Page 3 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 Tab'' of Contents Terms an onditions .5 1. Gener. Conditions 5 1.1. G TERAL TERN/IS AND CONDITIONS 5 2. Special Co+:.'tions 26 2.1. PURPO 76 2.2. DEADL 1 FOR RECEIPT OF REQUEST FOR ADDITIONAL LNFORMATION'`•. A.RIFICAT'ION "5 ' 2.3. METHOD OF . BARD 26 2.4..TERM OF CONT' CT 76 2.5. CONDITIONS FOR <, NEWAL 76 • 2.6. NON-APPROPRIATIO `' OF FUNDS " 7 2.7. PROPOSER'S MINIMUM :',UALIFICATIONS "7 2.8. CONTRACT EXECUTION 28 2.9. F_AILURE TO PERFORM -)g 2.10. CONTRACT ADMINISTRATOR' 28 2,11. SUBCONTRACTOR(S) OR SUBCi''<:;SULTANT(S) '78 2.12. SPECIFICATION EXCEPTIONS '8 2.13. TERMINATION 29 2.14. ADDITIONAL TERMS AND CONDITION 29 2.15. PRIMARY CLIENT (FIRST PRIORITY) 29 2.16. UNAUTHORIZED WORK . 30 2.17. CHANGES/ALTERATIONS 30 2.18. METHOD OF PAYMENT 30 2.19. ADDITIONAL SERVICES 30 2.20. WORK ASSIGNMENTS IDENTIFIED BY THE CITY 30 2.21, LllvLITED CONTRACT EXTENSION 30 2.22. RECORDS 30 2.23. TRUTH LN NEGOTIATION CERTIFICATE 30 2.24. PRE-BID/PRE-PROPOSAL CONFERENCE 31 3. Specifications 32 3.1. SPECIFICATIONS/SCOPE OF WORK 32 4. Submission Requirements 33 4.1. SUBMISSION REQUIREMENTS 33 5. Evaluation Criteria 34 5.1. EVALUATION CRITERIA 34 Page 4 of 34 SUBSTITUTED 1•. Terms and Conditions 1. Gen1 Conditions Request for Qualifications (RFQ) 320284 1.1. GENER`, TERMS AND CONDITIONS Intent: The Generaerms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggre ':,te cost of S25,000.00 or more. Definition: A formal solici ` 'on is defined as issuance of an Invitation for Bids; Request for Proposals, Request for Qualifications, or Request for ►e ers of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicit on and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OEQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain th roperty of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as '' sfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not confo : F 0.specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the ,oduct to the Contractor at the Contractor's expense. 1:2• ACCEPTANCE OF OFFER - The signed or elec'r 4 c submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such`-, er:shall be deemed accepted'upbn issuance by the City of a purchase order. 1.3. ACCEPTA_NCE/REJECTION — The City reserves the right`'' � accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/servi` described m the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affect=`bidders/proposers and make"available a -kitten explanation for the rejection. The City also reserves the right Lo rej=,.t;Gheresponse of any bidder/proposer who has previously failed to.properly perform under the tennis and conditions` r a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the require n its defined.in this'formal solicitation. .The City further reserves the right to waive.any irregularities or minorormalities or'techriicalities 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 Adde _t Addenda are available at -the City's website.at: http://v*,-rw.ci.miami.fl.us/procurement ' 1.5. ALTERNATE RESPONSES MAY .BE CONSIDERED - The City may,conside.r one (1).a'`.;;.rnate response from the. sane Bidder/Proposer for the same formal solicitation; provided, that the alternate respons • ffers a different product that meets or exceeds the formal solicitation requirements. in order for the City to co`; • ider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Ahern a,e Response". Altercate 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 o 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 att'omey's fees through and including appellate litigation and any post -judgment .Y. .• �....,s.�! �- , •C:..:•tII M,.-. t• . "U•Y:> }.4YR:tT:_ �.•.d. �.S.•R:.r�. uoC:h!.t�4 +...: `; _�'nn: n..a^'!v^:_"- q'�: ^..:�=;:T„a;-✓.•;rx- ;a:rni.a. y-v2�,•u'.�rn.::-usrs._" Page 5Ql'-F�'-`v ..zY�r•S - _ n:,4�n vrS.�ara'.?W'ii'iaraEa:7u.. ., zz--tiF.E=::kx\ ar,..4ww.'£�IL.Gx:m.,—.•,:• yr'`tp.ra :a..rs�1� �ra..Jnaw.sih,..zunzaramm czL.Jm�ksxrt�v-.•gwzs�uL�F.:.wc'a7N. iza—'-etlLw<:"r�:uosh,•,1mre SUBSTITUTED Request for Qualifications (RFQ) 320284 proceedings. . AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at a \easonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and re•»rds of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examina n, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, •' uments, papers and records pertinent to the Contract for three (3) years after the City makes final payment and a` •they pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the ediate cancellation of this contract by the City. 1.9. AVAILABILIT ` I F CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi-govemmental enti • the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified he ' • from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, s:,e, and local laws, rules, and regulations. Each Governmental, not -for -profit , quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish itwn contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and.naake its own yments, determine shipping terms and issue its own exemption certificates as required by the successful bi.'.,-r(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's resnse, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in actor::,.. ce with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be de' =.•ed by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida S`�- , to 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequen bmission of other documents. as specified in the Special Conditions or Technical Specifications. Bidder/Proposer sh- be in default of its contractual obligation if such documents are not submitted in a timely manner and in the `. i• required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, throug ction taken by the Purchasing Department., will void its acceptance of the Bidder's/Proposer's Response and ma)" : Dept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the C. ' •r re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidde'.+`roposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs susta::;.-d 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 successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract • d sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) c . ,dar days beyond the stated contract term in order to provide City departiuents with continual service and suppli ,while a new contract is being solicited, evaluated, and/or awarded. lithe 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 speci number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the Ci13 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 6 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 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. A ContractlAereement may be awarded to the Bidder/Proposer by the City Commission based upon the m' s `:oum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to"`,. ecute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's bes •terests, Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, . • d will be subject to approval as to legal form by the City Attorney, 1.11. MD 1301\ i ID SECURITY - A cashier's or terrified check, or a Bid Bond signed by a recognized surety company that is lice ed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidde`'. •roposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer wi •ecept 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/Pre, 'set fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid d 'posits are returned to.unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/pr " ser's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no ^,,•tract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY accordingly. 1.13: BID SECURITY FORFEITED LIQUIDAT ! DAMAGES -Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as pr 'tided herein, shall be just cause for the annulment of the award and,the forfeiture .of the Bid Security to the,City, w ;:h forfeiture shall be considered, not as a penalty, but in rmtigatlon of darhages susTAined. Award may thep,be made ` `. e next lowest responsive, responsible Bidder or'. Proposal most advantageous to the City or all responses mays be` >_:'ected. 144. BRAND,NA112ES - If. and wherever in the. spe.cincations,branes,.makes, m6dels, names of any manufacturers; trade names, or bidder/proposer catalogenumbers are sp • ed, it is for the`ptupose of establishing the type; function, minimum standard,of design,.eff ciency, made or quali^ ..•f goods When the City., does not wish•to'rule out other;competitors.',,.brands or makes, the phrase "OR EQU s added. When biddina/prbposimg an approved equal, Bidders/Proposers _will submit, with their. response, completes'":.. of necessary data (factory information sheets, speciitcatibns, brochures, etc.) in o der,for the City to evaluate : i ddetermirie the, equality of the item(S) bid/proposed. The City'shallbe the sole judge of equality and its;decision sh• , be final.. Unless otherwise specified, evidence in the.forrn of samples may be,requested if the ,proposed brand is o ' <<<than specified by the City: m Such samples are to be fuished;after formal solicitation opening/closing only upon . •uest ofthe; City. , If samples;should be requested, such satnples must be received by the City no later than seven calendar days after a fortstal'request is'made. • L4T) - All forms should be completed, signed and submitted 1.15. CANCELLATION- The City reserves the right to cancel all formal solicitations before its op'-`--.` • /closing. In the evenNt'of bid/proposal cancellation; the Directo'r'of Purchasing shall notify all prospective bidder oposers and make available a written explanation for the bancellatioii. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm mak or prepares to make; in'order to deliver/perform the goods/services required by the'City, is a business risk which th contractor must assume. The City'veill not be obligated to reimburse amortized or unainortized capital' expenditure 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 �_�:.. • v.�> . ,n•... •: ,, mm�Y �., ;A r�.n-.,.,,..... w.. ;rr, ...�, ,�n,n.,.:_x �� :Y ,:�, age7 of 34.. ��,,..•,: T: Win .:.:.:... ..::. :;r.=,c:gnaw'''t%%::."`�'sa'.="vr.,w.c�.tia%uv�ii�i..�`+�sr.Jar"i3�,acs��.�e�',p,,•_..•,a-r',''a�i i�?rdr•-,�s�:::a`.'gas'�kF.,'-�e�.S�e+'�i..—'�uu�a...t<•� v�•<<kuc4=`1yu�ssh'�ma�.:aov�'�.iC� ,t 4-�,stirr+.eJ;ts.ds.,.na+%:r.i.t��w�+4arei:.:,.�rcru.ram..w1 •$^u=tee SUBSTITUTED Request for Qualifications (RFQ) 320284 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable pro ; edings or on account of any delay for any cause over which the City has no control. 1.18. 0 LUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous derstanding, agreement or connection either with any person, fum or corporation submitting a response for the same ',:ms/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Propose ertifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer cifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all p ntial situations where collusion may have occurred and the City reserves the right to reject any and all bids/respon' ..where collusion may have occurred. 1.19. COMPLIANCE WI <, FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and logovernments are subject to certain laws and revelations, including laws pertaining to public records, conflict of inte`:.a, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinance as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive'Order 11246, which prohibi.;•iscrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age ,,,'th regard to, but not limited to, the following: employment practices, rate of pay or other compensation me`• ds, and training selection. B. Occupational, Safety and Health Act (OSHA), ./.,applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(_A`"°n Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to 's 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 appli°.le to'this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Fo Solicitation. I. City Procurement Ordinance City Code Section). 8, 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 Solic tion. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires .: ;. 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 -co liance 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 Matra 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 8 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the ovision of goods and services and public works or improvements for amounts greater than• 8200,000. The Cone of Si .ce prohibits any communication regarding RFPs, RFQs, RFL1 or IFBs (bids)between, among others: Potentivendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limite °.to; the Cite Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and an member of the respective selection/evaluation committee. The provision d. c not apply to, among other communications: oral communications .'ith the City purchasing staff, provided the communication is limited strictly to matters of process or procedure a - • dy contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communi tions at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selectio -valuation committees, contract negotiations' during any duly noticed public meeting, or public presentations made to e Miami City Commission during a duly noticed public meeting; or communications in writing or by e a. it at any time with any City employee, official or member of the City Commission unless specifically pro. ted by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or co•• u... cations in connection with the collection of industry comments or the performance of market research regarding :' •articular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or'bidders must file a copy of any v ' en communications with the Office of the City Clerk, which shall be made available to any person upon request. Th ity shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any erson upon"regiiest.'Written conamutucations may be in the form of e-mail, with a copy to the Office of the. City C In addition to any other penalties..provided by law, yiolatio.'taf the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, 'roposer, Offeror, Respondent;' lobbyist or consultant shall subject same to potential penalties pursnantto th' < ity -Code. Any person having personal knowledge of a violation of these provisions shall report such viola .'n to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders shbuld re ei e. Secnon`r8-74 of the City •of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence ,'lease review City of Mi??ni Code Section 18-74 for a complete and thorough description of the Cone of Silence. °ru 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 ". the Florida S»nshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, hall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF Th TEREST — Bidders/Proposers; by responding to this Formal S'olicita'`' i, certify that to the best of their :latowledge••or belief, no elected%appointed official or;employee of the City of Mi. •►= is financially interested,• directly or indirectly; in the purchase:;of goods/services specified in this Formal Solicitatio:'. Any such interests on the part of the Bidder/Proposer or. its employees must be disclosed in writing.to the City. F er,.you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent " .'o) Cr More ofthe 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 m= be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for bimself/herselfi'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 persona] gain or benefit or for the personal gain or benefit of any other person ,�.ni�:i��'+` ''isL..a-'�na�kta' e�{sr: u,SuYie ^�F �y.'`ns�:..u:v '"' `"uhTsi::: YR r' • =* - 'fn :c Zn�:r_��n.,,,. .j'G`"' '+ 1a ie.9 of34 •Y%";. res:^ y nrc: a:r����.st .�, .�;,��-?-�„r'i>�i'C:�4.r.�rAs'•^'�`%��.�3�"w�''.�+£itww:+tfnaraw.awncVar' ..w�`"''as'+.k�'�:.��":. �...�-..ti.H�im•a Ai .'s `•u.,P�rasr.,....-� ...m»:a..�l: SUBSTITUTED Request for Qualifications (RFQ) 320284 or business entity. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the r any person or agency acting for the City, and has not appeared in representation of any third party before any boar•;"•;ommission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not re d, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the may ' • (iii) any city employee; or (iv) any member of any board or agency of the City. C. A viola '^ u of this section may subject the Bidder/Proposer to immediate termination of any professional services agreemen'' 'ith the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violatio'. may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR P_ '`t.; NT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in ma.; facturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal icitation; and bidders/proposers agree to hold the City harmless from any and all liability; loss, or expense occasion=t by any such violation. 1.24. COST INCURRED BY BIDDE' \ OPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work perfo :• d in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec ".107) (a) Authority and requirement to debar and suspend. `'`: reasonable notice to an actual or, prospective Contractual Party, and after reasonable opportunity for such party to be -ard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney; shall have th, ; uthority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. Th ' •A ebarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to susp a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment; pens ►:: the debarment determination. The authority to debar and suspend contractors shall be exercised in accordant with regulations which shall be issued by the Chief Procurement Officer after approval by the .City Manager, the cf:. attorney, and the City Commission. (b) 'Causes for debarment or suspension. Causes for debarment or suspension =, ude the following: (1) • Conviction for commission of a criminal offense incident to obta i 't or attempting to obtain a public or private Contract or subcontract, or incident to the performance of sti o, Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, : bbery, falsification or destruction of records, receiving stolen property, or any other offense indicating a la of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of 13 , 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 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 10 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 (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 'vil 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 respon`x ility of the Contractual Party performing city Contracts. (c) Certification, :All neither the Contractual violations setforth above or tracts for goods and services, sales, and leases by the city shall contain a certification that nor any of its principal owners or personnel have been convicted of any of the barred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension .`=,,isions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons,,,,r the debarment or suspension. A copy of the decision shall be provided . promptly to the Contractual Party, alo .. with a notice of said patty's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VEN el RS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not sti'•b,•'t a response on a contract to provide goods or services to a public entity, may not submit a response on a contract " ry+ a public entity for the construction or repair of a public building or public work, may not submit response on leases real property to a public entity, may not award or perform work as a contractor; supplier, subcontractor, or cons t under contract with .any public entity, and may not transact business with any public entity, 1.27. DEF.AULT/FA1 LURE TO PERFORM - The City sha`+,be the sole judge of nonperformance, which shall include any failure on; the part of the,successfitl Bidder/Prop'oser'"� R accept the award, to furnish required documents, andlor to fulfill any portion of this Ct tract'. ithin the time stipulat .. • Upon defatilt by the successful Bidder/.Proposer to meet any terms of t ''.,; greement, the City mill notify ,the Bidder/Proposer of the default and will provide the contractor three, (3) da ":;} weekends and holidays excluded) to remedy the default. Failure on the.contractor's part to correct the default wthe required three (3) days"shall result in the Contract being terminated and upon the City notifying in writing th',.,_ oniractor of its intentions and the effective.date of the termination.. The following shall constitute default: A. Failure to perfoiL the work or deliver the goods/services required under the Cont-r 4` and/or within the time required. or failing to use the subcontractors, entities and personnel as identified and set fo t and to the degree specified' in the Contraet. • B. Failure to begin the work under this Contract within the time specified. C. Failure to perform'the work vi*ith sufficient workers and equipment or with sufficient materials to sure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms oftlie 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. • • • w.f^rls:xxa7:-:•c�Y'a/!5'^:..'8:.s=ui1.f!�!r:v�•?.ct^-:vm•fC.lsT j:t;^t�.m.FF'iF %;h wr:i4 ;: _ . F..,`.%._'T.•ty;Y •)^•��:syR {T•i: .Page 11 ofa 34 a=a4aylr�:szeex�,�',:awrcirwmih • Tny�cn:• � a-.;f'�i..-ra�.ru::.�e,{s •ne:sec+��au i^v-•�i�iC.,ti�,w�i u:Sd�,�t .w1e, s-ais:.u.,.�x, � Yi�ws c�u`�Sl:w,rN..�A�..a.+".iiw=a�ir�a.r :w_�+.. SUBSTITUTED Request for Qualifications (RFQ) 320284 % All costs and charges incurred by the City as a result of a default' or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract• 1. •.. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is respo.o, ive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows`, e requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal icitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply wi `6 these requirements may deem a Response non -responsive. 1.29. DISCOUN ''. OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after th ' ward by the Commission, unless otherwise specified in the Special Terms and Conditions: Price discounts off the o''tiinal prices quoted in the response will be accepted from successful Bidder(s)%Proposer(s) during the term of the contrt. Such discounts shall remain in effect fora minimum of 120 days from approval by the City Commission Any disunts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRO' :, AND OMIISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) shout:°- e reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum w`' e incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). '" e City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence - Any inconsistency in this"`d+rma1 solicitation shall be resolved by giving precedence to the following documents, the first of such list being,the g'•-;;ming documents, 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of ' urricane or other emergency or disaster ' situation, the successful vendor shall provide the City with the commodities/s- '. ices defined within the scope of this formal solicitation at the price contained within vendor's response, Further, suc sful 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 Agreem consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's sonse and any written agreement entered into by the City of'Miami and Contractor in cases involving RFPs, RFQs, . ,, RFLIs, and represents the entire understanding and agreement betweenthe parties with respect to the subjec''±ater hereof and supersedes all other negotiations, understanding and representations, if any, made by and between t.. . arties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions coo ined in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This tract 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 12 of 34 SUBSTITUTED Request,for Qualifications (RFQ) 320284 1.34. EVALUATION OF RESPONSES Rejection of Responses • Th ity may reject a Response for any of the following reasons: 1) :,r, der/Proposer fails to acknowledge receipt of addenda; 2) Bida.'+. 'roposer mistates or conceals any material fact in the Response ; 3) Respons . oes not conform to the requirements of the Formal Solicitation; 4) Response re •r4ires a conditional award that conflicts with the method of award; 5) Response does include required samples, certificates, licenses as required; and; 6) Response was not e uted by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inc <, ive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part o e Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideratio 1) A contract shall not be awarded to any p� on or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon•,. iy obligation to the City. 2) A contract may not be awarded to anyperson owhich has failed to perform under the terms and conditions of any previous contract with the City or deliver on ttoe contracts of a similar nature. 3) A contract may not be awarded to any person or firm<-hi.ch 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 regular' : -ngaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder ` • •oser must be able to .demonstrate a satisfactory record of performance and integrity; and; have sufficient Ellen 1, material,'equipment, facility, personnel •resources, and expertise to meat'all contractual requirements:' The ' , .: s."equipment and •orgnization" as used herein shall be construed to•meania fully equipped and well established enL in line with the best•industry practices in'tlie'industrya's determined by the City. ' • •• - ' • •• 2) The City may consider any evidence available regarding the financial technical an ' .titer qualifications and abilities of.aBidder/Proposer., including past performance (experience) with the • City or . other. governmental entiiy•in niakin'g the award: ';. 3) • The.City may require the Bidder(s)/Proposer(s) to show proof that:they have been designate." s an authorized representative of a manufacturer or supplier which is the actual source'.of supply, if required by the . rural Solicitation. • 1.35. EXCEPTION'S TO GENERAL _ ND../OR.SPECL9:L' CONDITIONS;.OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the' section- Any exceptioto the General or Special. Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may cause fora RFP, RFQ, or RFLI to be considered nonresponsive; 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 esa x,•: l!sa). ..[t ,tiP�?T4: r. t..1.JF?•.Y..P 1.J% .GY•n:?.a '--�4A '�`.\.. .Y:r~zzy;^r ::age-ns., ^Sq.�R�. •:vL:?hiAi `3�:e;rc;t;;.r•r wc��=vxvice-a:sms v=:^s.:Tu••::•!,<-,ny.c+rr_:.Tra'•?e4,3 ..•'xrs scr,^r�p�.�m;_sr,.,��yi'`I`.:� •y�y+{-,�• 4 t ...r. • *t ry M v',.Nu.. [-ln.i.-��rd..•s.Lc.'hzsartz-s Nit a tr Atli.L�4-.::gt4'!-a"477e a�L]mf�fiV:'.+.wv.Ni :nuSs..J+tl w'�t.v. r^- 'a7r • G.a.r:iUV:'�4'.��t i�:�lfifs+YF5[' cwa:acn:s • nvt�.:ara�.:etY.ti�kc."::iv�xnsz man-��•.xb�'�'ixt`w'�lir C '+a'•.,e.' y 1 ' SUBSTITUTED Request for Qualifications (RFQ) 320284 '. ;ejection of bid/proposal. 1.3\FIRM PRICES - The bidder/proposer warrants that prices; terms, and conditions quoted in its response will be firth, throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remak firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied ber a period of time. 1.38. FIRST-S CFJRCE IHIR.IN'G AGREEMENT (Sec. 18-110) (a) The Common approves implementation of the first -source hiring agreement policy and requires as a condition precedent tope execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature th} create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual reiving said contract and the authorized representative unless such an agreement is found infeasible by the city m ger and such finding approved by the City Commission at a public hearing. (b) For the purpose of this sect , the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the PrivaIndustry Council of South Florida/South Florida Employment and Training Consortin,m, or its successor as loca ecipient of federal and state training and employment funds. Facilities means all publicly financed.projects, in ding but without limitation, unified development projects, municipal public works, and municipal improvemene to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban develop' ent action grants (UDAG), economic development agency construction loans, loans from Miami Capital Develo 'Tent, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services b .e city which include professional services. Services includes, without limitation, public works improvements; £acat s, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring aa`°,,ement. (d) The primary beneficiaries of the first -source hiring agreement shall be parti ants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA 1 IN1MUIli WAGE - The Constitution of the State of Florida, Article ection 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in orida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this rida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage e, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage ers and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. ch adjusted minimum wage rate calculated shall be. determined and published by the Agency Workforce Tnno Lion on September 30th of each year and take effect on the following January lst. At the time of responding, it is bidder/proposer and his/her subcontractor(s), tf applicable; fiallzesporisibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the Page 14 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 right to request and successful bidder/proposer must provide for any and all information to make a wage and ontractual price increase(s) determination. 1.4GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the°cn.te of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take plan `' :. Miami -Dade County, Florida. 1.41. HEAD S AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient refer='',s e only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms`'.ti. d provisions hereof, 1.42. HEALTH LNSU NCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assi'`t.,, the City of Miami with a function or activity involving the use or disclosure of "individually identifiable hea`::. information (I1HI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and: countability Act (HJPA A) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, sec and electronic transfer standards, which include but are not limited to: A. Use of information only for perfo .•''I;.services required by the contract or as required by law; B. Use of appropriate safeguards to prevent .-permitted disclosures; C. Reporting to the City of Miami' Of any non-p n+'tted use or disclosure; D. Assurances that any agents' and subcontractors a -e to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI./P' ., will be held confidential; E. Making Protected Health Information (PHI) availabletoe customer; F. Making PHI available to the customer, for review and amen ent; and incorporating any amendments requested by the customer; G. Making PHI available to the City Of Miami for an accounting of losures; and H. Ma1;ln'i internal practices, books and records related to PHI affailable <:„'the City of Miami for compliance .audits. PHI shall maintain its protected status regardless of the form and method of '•' mission (paper records, and/or electronic transfer of data). The Bidder/ Proposer mustgive'its customer's write ;otice of its privacy information practices. including specifically, a description of the types of uses and disclosures '':, would be made with protected health information. 1.43.11\'DElYiN'tF:ICATION -. Contractor shall indemnify , hold harmless and defend the c,'t3,, its officials, ofiicers, agents, directors, and employees, from liabilities,. damages, losses, and`costs, iriclu• . but not.limnited to reasonable' attorneys. fees, to the extent caused by the negligeiice,'recklessn.ess or -intentional wra .;0fu1 misconduct of Contraactor. and ;persons employed. or,uti li 7ed, by Contractor in the:perfoiiyiaaiee of this Contract a . will indemnify; hold harmless, and defend the City, its o;facia)s, officers, agents; directors :and employees mst, any civil actions;:''statutory`or similazclaims; injuries of damages arising or resulting from the permitted wor `, . ve`n if it .is alleged that the,City, its'officials and/or employees were negligent, These indemnifications shall survive a term ' of this Contract. In the event that any action.or proceeding is brought against City by reason of any such, cla' demand, Contractor shall, upon written notice froin City, resist and defend shell action or proceedng by'counsel satisfactory tb City: The Contractor ei p'ressly understands and a ees'that any insurance protection' required by this Contract or ot}ierwiseprovided by Contractor 'shall in no way lin it 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 --v-c: s^.. .n .�c •'r-r_. �rn:u. .i..,......:,.,.y ,.a-may-:?.r :::: ;,o-...^r.,..r .r:7ez �.a x-.. :.�.,;rsrat v.; ».^.: e:;:x+cw.�r�:,- - rr,r-5-,.. 1Dag 15 of3't ;�:,r,-.esr.�r;•;:wv". .:r .+.'.� ira.'-s.nF.^e awaste„'��'�e.k:_,:'+.+!++.x":w5tra:.fi.,s+TM..a.u.a`,+.a3+r,+4'm. 5mx;.aaR+tvi,eu..7u;x..�.ivui+n+,xrfuaw:canwx+�.w Cawaicv.;.+s iwutt:.Y.:::,a:+iw,......'++-.,r..ivri..ura+:vws-,vnr:-S'u,iu'niv;:,.L SUBSTITUTED Request for Qualifications (RFQ) 320284 ability and all suits' and actions of every name and description which may be brought against City whether p ` ormed by Contractor, or persons employed or utilized by Contractor. This •enmity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §72 !8; Fla. Statues, as amended from time.to time as applicable. Contractor sha"require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor as, es and recognizes that the City shall not be held liable or responsible for any claims which may result from any actin:: or omissions of the Contractor in which the City participated either through review or concurrence of the Cori •ctor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractothe City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this A .eement, 1.44. INFORMATION AND D CRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for eval on, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as rezired, covering the products offered.. Reference to literature submitted with a previous response or on file with the ;, er will not satisfy this provision. 1.45..LNSPECTIONS - The City may, at reason- �, e times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably n'=T,F scary, to determine whether the goods and/or services required to be provided by the Contractor under this tract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City d reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. ' � 1 tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinanc A,No. 12271 (Section 18-79), as same may be amended or supplemented froth time to time. 1.46. INSPECTION OF RESPONSE - Responses received by the n pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decisi •,or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulate:.;,.d may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabula ns also are available on the City's Web Site following recommendation for award. 1.4'7. ENSUR-ONCE - Within ten (10) days after receipt of Notice of Award, the suc:...•. sfal Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evident f coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled �; • surance 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 th'• ., • surance certificate is received within the specified time frame but not in the manner prescribed in this Solici'�:;ion the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar ,>>s to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contracto``= all be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumst •,; es, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management; at 1,14 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 16 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 granted to the Bidder/Proposer. „48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered `;•uantity, unit price, extended price; etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Pay F.t Act), 1.49. L4L PREFERENCE A. City > ,. e Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price; and the. b`'.a submitted by one or more responsive, responsible local'bidders who maintain a local office, as defined in Section''' 8-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder an•' • cb of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final equal equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award sh be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie 'ythe best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidde B. City Code Section 18-86, stag; "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City M. ' Qer, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation crf on in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) c cent•evaluation criterion in favor of proposers who maintain a local office will be specifically.defined in,the RFP, LI or RFQ, as applicable; otherwise, it will not apply. 1.50. MA..; DFACTURER'S CERTIFICATION'" he City reserves the right to request from bidders/proposers a separate.Man'ufacturer's Certtficanon of all'statemen " �•'ade in•the bid/proposal. Fai.lure.to provide such certification may result, in the rejection of b`id/proposal' o TM,, ermination of contract/agreement, for whi.cih the bidder/proposer must bear full' liability. 1 51.. MODIFICATIONS, OR A ' GES IN PURC understaniina,to mo,. .tliis.Formal Solicitation and re bitiding..upon the City unless made in•vwnnng.by 110: D the issuance of a change order, .addendum, amendment,. as appropriate. '1.52. •1!'O PARTNERSHIP OR JOINT VENTURE - Nothing contained in thi construed to •create a partnership -dr, joint venture. between the City of 14iami,and similar relationship between the parties. • ' . . • HE !y'.1 'sultant;pur (rector; of Purc or supplement to ERS AND CONTRACTS - No contract or. ' ;e "orders or con{racts, if applicable,'shall be frig ofthe City of Miami; Florida through e'contract, purchase order oraward sheet ontract will be deemed or . tractor, or to create any other 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items'maybe teSte•'' 4±r compliance with specifications itnder't4e direction of.theFlorida Depark aeint:ofAgriculture and,Consumer S ices o•r by other. appropriate testirie•Laboratories••as:detenximed by the ;Cif}>. The: data, derived fro m, any test for mpbance_i ith specifications is public record and. open to exainiriation•thereto rn;;accordance with Chapter 119 nda Statutes, Items delivered not conforming to specifiati cons May be rejected and returned at Bidder's/Proposer xpense. These`non=conforming items not delivered as per delivery date. in the'response and/or Purchase. Order result in bidder/propos'er being found 'in default in which event any and all.re-procurement costs may be'charged a : inst the defaulted' contractor. Any violationbf these stipulations May also result in the supplier's name being remov 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 cmill• aiz aJt it "1'". i m_N'mje•"rrori '".iY" G+9rt,:favaesttscram's,'^l'`u? .Liow.,•r.'zi,•P:-s,..r., ,.... ...Rc�sSS=swe+r_ i ' 1 �a, moGsvro� "�w��ciuT n.� ,. • a.,.�:a.✓.s�uc..au;:�a,2:Yw.-"_a:::.- m=>�: ..._ �� • � :bs.x.'�'%9:=:."�:;a. SUBSTITUTED Request for Qualifications (RFQ) 320284 his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation , be denied benefits of, or be subjected to, discrimination under any program or activity. In nnection with the conduct of its business, including performance of services and employment of personnel, Bidd''` !'roposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital s` ; s or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employ: Qnt. s,. 1.55, NON -EX ", USIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City o iami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, .•d to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the pu` t u ase of these goods and/or services as may be available. It is hereby agreed and under successful bidder(s)/proposer(s) Formal Solicitation. od that this formal solicitation does not constitute the exclusive rights of the receive all orders that may be generated by the City in conjunction with this In addition, any and all commodities, eq.b,ment, and services required by the City in conjunction with construction projects are solicited under a distinctly di ■ ' •t solicitation process and shall not be purchased under the terms, conditions and awards rendered under this soli:' tion, unless such purchases. are determined to .be in the best interest of the City. 1'.56.00CUPATIONAL LICENSE - Any person, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under thi ' ormal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1,'` icle I of the City of Miami Charter. Others with a Iocation outside the City of Miami shall meet their local Occup' +`onal License Tax requirements. A copy of the license must be submitted with the response; however, the City m at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evalu:n ;on period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, .artnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting`. fl alternate response, please refer to the herein condition for "Alternate Responses May.Be Considered". 1.58. OWNERSIET OF DOCU! NTS - It is understood by and between the part" , that any documents, records, files, or any other matter whatsoever which is given by the City.to the. successful Bidde" ;l• roposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used , 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 - " • erson or circumstance shall to any extent be held invalid, then the remainder of this Contract or the applicatio ..of such provision to persons or circumstances other than those as to which it is held invalid shall not be affecte:.ereby, 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/Payni tt Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contr price. 1.61. PREPARATION OF RESPONSES (HA.RDCOPY 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 18 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 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, andling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits no },5 ' paid by the Bidder/Proposer to its employees. • If applicable, a•unit price shall be entered in the "Unit Price" d:�,•,. inn for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" col for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be p o, Fumed correct. C. The Bidder/Pr ser must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer s`+p Auld retain a copy of all response documents for future reference. E. 'All responses, as describe •,'�s+ust be fully completed and typed or printed in ink and must be signed in ink with the fanr's naine and by an officer employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures o`'7+ orrections 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'•A,. 0 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included a jrart of the contract, at the:City's discretion. ,x G. The City of Miami's Response,Forms.shall be "` . When Bidder/Proposer,is,sub'mitting its response in hardcopy format. • Use of any other forms will result rn s , ejection of the" response:'.,IE' SUBMITTING HARDCOPY FORMAT, THE piggrh 4'L,AND'T1 .EE: r,, COPIES OF'THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, .Al`tD ANY REQUIRED ATTA 2ENTS'MUST BE RETURNED TO THE CITY OR Y OURRESPONSE IiLAY'BE DBEMEID NON RESPONSIZ` 1.62. PRICE ADJUSTMENTS.- Any price decrease effectuated d a'the contract period either by reason•of market change or on the part of the contractor to other customers shall bc' gassed onto the City of MZiarn;.' 1.63; PRODUCT, S.UBSTI'TUTES'- in the event a particular av aided and a u'oved manufacturer's product becomes uuavailable'during the term of the Contract, the Contractor awarded• ..;tem inay arrange with the'City's authorized represeritative(s) tosupply'a substitute ,product at the`aWarded price'or I•'^;;er, provided that a'sample is approved in advance of delivery and that the new product meets or'ei;ceeds'all quality ... iiireinents. 1.64. CONFLICT OF INTEREST,;AND UNETHICAL BUSINESS PRACTICE PRO ►' • ITIONS - Contractor represents'aKRa.izants to'the City that it has not employed "or retained any person :,company employed by the City;to solicit or securkhis,Con7act and that it bas.not offered to pay;`paid. or agreed top' .,any person any fee, commission, percentage, brokerage fee, 'or ift of any kind contingent upon or in connection wa ', the award of this Contract. 1.65. PROMPT PAYMENT 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, 'acre 19 o£3 4 . ..:�.'s'=.:. SUBSTITUTED Request for Qualifications (RFQ) 320284 whichever is later. en the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or rece'', of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damag <s• e cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of :a; contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount wi e period commencing on the date it is determined by, the City that a cash discount applies. Price discounts o':d, the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers 4 during the term of �� contract. 1.66. PROPERTY - Pr `tw erty owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor. z .A repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property oct t .g while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring e such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such erty is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property`'. the current market value, less depreciation of the property, if any. • 1.67. PROVISIONS BINDING - Excep`y. otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting C'ku act shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal represen'r:tives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or : rate who has been placed on the convicted vendor list following a conviction for a public entity crime may submit a response on a contract to provide any goods or services to a public entity, may not submit a response on contract with a public entity for the construction or repair of a public building or public work, may not submit respon°on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcon ctor, or consultant under a contract with any, public entity, and may not transact business with any public entity in ea t�;, ss of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from th` . •te of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS —Contractor understands that the public shal Yve access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provi k' s of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by .9i• City and the public to all documents subject to disclosure under applicable law. Contractor's failure or re ,1 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 EQ ',,ANENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of 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 q '.. ty and workmanship. Materials furnished to complete the service shall be new and of the highest quality exce 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 fo''a.,al solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled b the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply•with the law. • Page 20 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 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 wie the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of =y ontract between them; provided that, in cases involving an amount greater than S25,000, the City Col ion must approve the City Manager's decision. Such authority extends, without limitation, to controversies based up• breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractu=n�,'arty by submission of a protest to the City Manager. (b) Contract dis ,e decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written reps stating the reasons for the action taken by the City Commission or the City Manager which shall be final and cone �d ive. A copy ofthe decision shall be immediately provided to the protesting party, along with a notice of such p • T 1 right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without t having followed the procedure set forth in this section. 1.74. RESOLUTION OF PRO'` STED SOLICITATIONS A>\'D AWARDS (Sec. 18-104) (a) Right to protest. The follow a•.�,.rocedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, uipment, and services, the estimated cost of Which does not exceed S25,000. Protests thereon shall be governed by the A• •• g;strative Policies and Procedures of Purchasing. '1.Protest of Solicitation. . i. Any prospective proposer.u>ho.perceives itself aggrie d in connection with the solicitation of a Contract may' protest to .the Chief Procurement Officer: A•wntten notice._ intent. to file a protest shall'be filed with'the Chief Procurement Officer;within three days after the Request for ' osals', RequesL'for Qualifications or Request, for• Letters of interest is published in a newspaper of general circtila \en.' . notice. of intent to file a'protest is :considered filed when received by the.Chiief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Spec arions 'or'a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest sha ' e filed with the Chief Procurement Officer uth'iu' ;i'three'days after the solicitation is published in a neWspaper.o �^ neral circulation.A notice of intent to file protest is considered filed'wlren.receivedby the' Chief Proctireinent 0 2. Protest of Award. • i. A written nonce of intent to file a protest shall be filed v,-ith. the Chief Procurement 0 69,.er within two days after receipt; by ;the proposer ;of the notice.of the City Manager's recommendation'for award of ' •tract, which'will be posted,on the City.or lvllami Pt7rchasirig.D'epartment webssite in the Stipplier Coiner, Cuirent j , l�icitations and.. Notice',of Recomndaio inen of AAvi and Section The notice ;of ity the'CManagers recommendati. can lie found by selecting the details of the solicitation and is listed as Recommendation'of ANi"ard Posting Date and`< Reconniaendation of Award To fields. If "various" is indicated' i s the Recommendation of Award To d; t}ie Bidder/Proposer must contact the buyer for that solicitation.to obtain the suppliers name.• It shall be the 'Y responsibility ofthe Bidder/Propo'ser to check this section of the website daily after responses are submitte receive the notice; or ii. Any actual.Responsive and Responsible Bidder whose Bid is lower than that ofthe 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 • i `v° `p`W.°''�ti�1�.'' `�k'�w.ro :t L", LL° araa n, P.ae_21zof3t4n,,,T. ,.. g�''��-' SUBSTITUTED Request for Qualifications (RFQ) 320284 ceived by the Chief Procurement Officer. Hi. ''. written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) da`' , after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Pr <, ement Officer. The written p est may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making award determination. The written protest sh state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, an dial] include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as prow' 1b. in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation *,yvidence not contained in the protester's submission to the Chief. Procurement Officer at the time of filing the pro°' t shall be permitted in the consideration of the written protest. No time will be added to the above 1' ,i '•., for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or fault from which the designated period of time begins to run shall not be included. The last day of the period so co. -� ted shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end �:� the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays all be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procuremenfficer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve ny written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said deci •n to the protesting party and shall submit said decision to the City Commission within 30 days after he/she recei ` the protest. In cases involving more than $25,000, the 'decision of the Chief Procurement Officer shall be subs ed for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney - Rd the City Manager. (c) Compliance with sling requirements. Failure of a party to timely file eith e notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsecti n3.,, (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfei `; of such party's right to file a protest pursuant to this section, The protesting party shall not be entitled to seek judici w, -elief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. upon receipt of a written protest fled pursuant to th , equirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract ;n 1 the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) ab unless the City Manager makes a written determination that the solicitation process or the Contract award must b •ntinued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare, (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or 'S5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the fling 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 22 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 the City. if not destroyed by testing, bidders)/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 e City. 1. • SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, trans or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the pe rmance required by this contract, except under and by virtue of written permission granted by the City through the ` oper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. SERVIC 'D WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that 1 be provided. Bidders/Proposer must explain on the Response to what extent warranty and sex -vice facilities are a'` ilable. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.7S. SILENCE OF SPEC `"' CATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or '=r a omission from it of detailed description concerning any point shall be regarded as meaning that only the best corcial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. �. workmanship and services is to be first quality. All interpretations of these specifications 11 be made upon the basis of this statement. If your firm has a current contract with the Star of Florida, Department of General Services, to supply the items on this solicitation,. the bidder/proposer shall quote n�, more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. • 1.79.'SUBMtSSION'AND RECEIPT OF RESPONS - Responses shall be submitted electronically via,the Oracle System or responses'may ;be.subnntted in hardcopy is at; to the City Clerk; City Hall, 3500 Pan American ' Drive, Miami, Florida 33133-5504; at or before, the specifies `':°,nosing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIQNS.- Bidders/Proposers are welc:,�' e to attend the 'solicitation closing; however, no award will be made" it at tittle: ' A. Hatdcopy responses shall .be enclosed in a sealed envelope, box pa < .ge. The face of the envelope, box or package must show the hour and date specified for receipt of responses, th olicitation.number and title, and the nanie,and return address of the Bidder/Proposer.Hardcopyresponses not sub `r 'teed on the requisite Response Forms maybe rejected, Hardcopy responses received it ,any other location•than ,.4 specified' Shall 'bedeemed. deeed non -responsive, ' Directions to City Hall: • ' • ' • . FROM THE NORTH: 'I-9n SOUTH UNTIL IT TURNS INTO US1. 'US1 SOUTH TO 2 p 'AVE., TURN LEFT, PROCEED SOUTH TO S0. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1. B ► CK TURN RIGHT ON PAN AMERICA N DR. CITY HALL IS AT THEEND OF PAN A 1\ BRIC AN DR. P ` G IS ON RIGHT. FROM THE SOUTH:. US1 NORTH TO'27TH AVENUE, TURNRIGHT, PROCEED SOUTH T 0. BAYSHORE DR. (3RD TRAFFIC LIGHT),' TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AME CAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure'to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused bythe United States mail .x1::n:znar,„,xM+-c -x,..-w..t.k,`.'47. rvv=c• imta•. szn r m; :•.:-w.+n>wi.: • 7.....-.=.+x:-.+ar�� ..^. ,sr�;�am- nrt� .�rVANZ a e�x�4Mi..W.,- �. 2191Z..^*�>.yn ..4=-,.•.•.9 r J. e-:L34f .).41h1`_'..t..J.-,'.,. 'ua ..:,.sa�u..,:.w:rra,n.-a .�r«u:araw'.�+natr..ns:a.a�,•, �x,�-+r.::�:.w�vu w��x-� S�r7�` 7 o i4 .5..x .a�aa'�ur:...co:aw,��`�<,-rr.. �-.:�''�`c,��.t+c•g.r,o-le•.•�ri�ras,:..:t�•�w.o'�'' �xavr'iE�w7:Lur'k��Fi SUBSTITUTED Request for Qualifications (RFQ) 320284 very or caused by any other occurrence, Responses received after the solicitation closing date and time will be retu d unopened, and will not be considered for award. E. Late r sponses will be rejected. F. All respifo s are subject to the conditions specified herein. Those which do not comply with these conditions are subject to reJ ion. G. Modification of onses already submitted will be considered only if received at the City before the time and date set for closing of so itation responses. All modifications must be submitted via the Oracle System or'in writing. Once a solicitatio loses (closed date and/or time expires), the City will not consider any subsequent submission which alters the r .onses, H. If hardcopy responses are su,, 'tied at the same time for different solicitations, each response must be placed in a separate envelope, box, or pacl:a and each envelope, box or package must contain the information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exemp" +tom any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon re. ;est. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purci. ed by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance IN Section 212,08, Florida Statutes, as amended and all amendments thereto anctshall be paid solely by the Bid.9, 'roposer, 1.81.'TERMINATION -The City Manager on behalf of the 'ty of Miami reserves the right to terminate this contract by written notice to the contractor effective the date Sp ": , ed in the nbtice should any of the following apply: A. The contractor is determined by the City to be in breach of any oft`.' terms and conditions of the contract. B. The City has determined that such termination will be in the best intere f the City to terminate the contract for its own conti enience; C. Funds are not available to cover the cost of the goods and/or services. The Cit \ yobligation 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 ° ,s, 'ices awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specificatio free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of 1\-,mi. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspect an acceptance of the goods/servioes and pursuant to Section 218.74, Florida Statutes and other applicable 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitat' ,.. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made wi 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 24 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 `trade secrets." If t Response contains infomration that constitutes a "trade secret", all material that qualifies for exemption from Chap,,119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with yo um's name and the Solicitation number and title marked on the outside. Please be ay. ,e that the designation of an item as a trade secret by you may be challenged in court by any person. By your design: '•:on of material in your Response as a "trade secret" you agree to indemnify and bold harmless the City for any awar: a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason o , legal action challenging your claim. 1.86. UNAUTHORIZE YORii OR DELIVERY OF GOODS- Neither the qualified Bidders)/Proposer(s) nor any of his/her employees sh perform any work or deliver any goods unless a change order or purchase order is issued and received by the Conctor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scoof the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF N_ A1E - The City is note -gaged in research for advertising, sales promotion,• or other publicity purposes. No advertising, sales promotion ' titer publicity materials containing information obtained from this Solicitation are to be mentioned, or iinply the $ e of the City; without prior express written permission of the City Manager or the City Commission. 1.88. VARL4 TIONS OF SPECIFICATIONS - For poses of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specificatio d/or conditions, no matter hour slight:. If variations are not stated on their Response, if will be'assumed that the prcict fully:oduiplies With the City's specifications. . :.fir -,-..art cn„w:._..-•.-ro:.:�:.SIMI y�q•V•. •�4ffa}:N' l:fK�.�:''"�9R�Ti1s'+�r.:G .:w SiJ:a"i Sof"4 uWwWi:-u5�K3siAWumsta+'Pan^ta+U SUBSTITUTE© Request for Qualifications (RFQ) 320284 ecial Conditions 2.1. P OSE The purpos •f this Solicitation is to establish a contract, for Special Master Services, as specified herein, from a source(s) of s''.•ly that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of th „olicitation. 2.2. DEADLINE FOR • y. EIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarification*. oncerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Atm: Mza Suarez, CPPB; fax: (305) 400-5025 or email: msuarez@ci.miami.fl.us. The solicitation title and number sha 5be referenced on all correspondence. All questions must be received no later than Friday, June 8, 2012 at 5:00 p.m.. RYA 1 responses to questions will be sent to all prospective bidders/proposers in the form .on an addendum. NO QUES DNS WILL BE RECEIVED VERB ALLY OR AFTER SAID DE ADLLRrE. 2.3. METHOD OF AWARD Award of this contract will be made to all responsive, resp:.r sible vendors who meet the minimum qualifications set forth in this solicitation. Based on responses to this Request Qualifications (RFQ), it is the intent of the City of Miami to create a pre -qualified list of respondents. These indivi- . als/firms shall then be deemed to be pre -qualified to provide the services of a Special Master as required by the City =m an as -needed basis. The City shall have the ability to select individuals/firms from the pre lified respondent list in its sole and absolute discretion. There is no guarantee of a minimum amount of wor' rr compensation for any of the respondents selected for pre -qualification. This RFQ does not in any way 1 "a't the City's right to solicit contracts for similar or identical services if, in the City's sole and absolute discretion, it ermines ermines responses received are inadequate to satisfy its needs. During the term of this contract, the City reserves the right to add or.delete vendors a''>F t deems necessary in its best interests so as to obtain the most competitive rates at time of need. If the City elects to °^ • vendors, they must meet the same minimum qualifications established for the .original competition. 2.4. TERM OF CONTRACT The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") sha to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following t (1) The term of the Contract(s) shall be for two'(2) years with an option to renew for two (2) additional one year 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. 2.5. CONDITIONS FOR RENEWAL e required Page 26 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 Each renewal of this contract is subject to the following: l•) Continued satisfactory performance compliance with the. specifications, terms and conditions established ,ttthe (2) ` ilability of funds 2.6. TON -AP':" OPRIA.TION OF FUNDS In the event no fug ' or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments - under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have''. unqualified right to terminate the contract without any penalty or expense to the City.. No guarantee, warranty or rep. 2 entation is made that any particular or any project(s) will be awarded to any firm(s). 2.7. PROPOSER'S MINIMUM i`; A.LIFICATIONS The following represent the minimum q• =lification requirements for a Proposer to be deemed responsive and qualified by the City, and Proposers shall : ;'sfy each of the following minimum requirements cited below. Using a narrative form, each must be addressed in de to determine Proposer's responsiveness and if qualified. Failure to meet each of the following qualification' require nts, and/or failure to provide sufficient detail and/or documentation in its Proposal to determine respo u `, 'eness by the City, will result in the Proposal being deemed non -responsive. • Minirritim Qualifications: 1. The special"master(s) shall be an attorney at lag+ arlmitte. the practice law in the State of Florida with a minimum of five years: r 2. The 'special mas'ter(s)'shall be' a member in good Stain of lle` , orida Bar, • - . 3. The special Mister(s) shall possess outstandi>ig reputations for civi``sride, iriteresy.inteMity; responsibility and business or professional ability and shall provide three written reference .n letterhead demonstrating sane. 4. , ..:The special master(s)'shall have sianif earit knoi��ledge of the city code'e..,•rcement matters and the City of Miami Code of Ordinances. 3. The special master(s) shall have knowledge in advanced legal research and wri is a and drafting of legal orders. V 4 6. The special master(s) shall have experience in presiding over hearings related to the as of code enforcement. Preferred Qualifications: 1. Previous judicial or hearing officer experience. 2. Previous municipal law experience. 3. Top 20% of graduating class. 4. Law review or moot court, ,. n •tom,;,- ��� �,e., n • : •G-� -. a e.2,7-.3 ,of;•.4 .:.5waii-:'rr�.::.l--�TYc�icrtai3'w':wXrat»;wsw•:I.�:S<uls.•,tri.•-'xzrr::a'w{:ui�.rc.a.�.oic?vva€sm:w�i"a"wt•'2u1.5" .uiJijs9.•wwnnsu;:a.-."�; SUBSTITUTED . Request for Qualifications (RFQ) 320284 8. CONTRACT EXECUTION Th .elected Proposer(s) evaluated and pre -qualified in accordance with the requirements of this Solicitation, shall be awed an opportunity to negotiate a contract ("Contract") with the City in substantially the attached form labeled .ibit A - Professional Services Agreement" and available via the Header section to this RFQ. The City reserves the bht to exedtite or not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most adv:z ..genus and in the City's best interest. Such Contract will be furnished by the City, will contain certain terms as a the City's best interests, and will be subject to approval as to legal form by the City Attorney: 2.9. FAILURE TO PERF� t12 Should it not be possible to reap the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform acr<ding to specifications, the City reserves the right to declare Contractor in default of the contract or make appro date reductions in the contract payment. 2.10. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work direct Contract Administrator. with Ms. Elena M. Gonzalez; vtho shall be designated as the 2.11. SUBCONTRACTOR(S) OR SUBCONSULT_ARTT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an indivi: ►,;, or firm contacted by the Proposer or Proposer's firm to assist in the performance of services required under `�. Solicitation. A Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. ub-Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposust clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. Th -.; ity retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer or prio`, o contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Succe 1 Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City ' _ t, oughout the duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to a,employees or agents of the•City. Failure to list all Sub -Contractors and provide the required information may disq any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all ''a,evant information.required of the Proposer. In addition, within five (5) working days after the identification o" .ae award to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors tha Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the n e, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to an contract that may result from this Solicitation, any applicable licenses, references, ownership, and other informatio required of Proposer. 2.12. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Page 28 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 epartment, in writing, no•less than ten (l'0) days prior to solicitation closing date of any change in the ufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must exp ":,' any deviation from the specifications in writing as a foomote on the applicable specification page and enclos copy of the manufacturer's specifications data detailing the changed items) with his/her submission. For electronic ':• submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a scanned cop ,f the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bi e +�... s must indicate any options requiring the addition of other options, as well as those which are included as a part o '':,*other option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all t is required to bring the item(s) in compliance with contract specifications. 2.13. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under 's Contract and does not cure the default within 30 days after written notice of default, the City Manager may to ate this Contract, in whole or in part, upon written notice without penalty to the City of Miami, In stich event tk`�', ontractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided if, (1) it is determined for any reason that the Contractor was not indefault or (2) the Contractor's failure to perform"v Without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination''',. the convenience of the City of Miami, B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon ' $ days prior V, itten notice When it is in the best interests of.tt.he City...of Miami. If this Contact is for supplies, prod °"'_ equipment, or. software, and so terminated forahe convenience by the City of Miami the,.Contractor will be co ensated in accordance With an agreed _upon adjustment•of cost, To the extenrt• that pais Contract is for. services.an tep ainated, :of.lyEa rni shall be•liable.only for payment in accordance With the•payment provisions of the Co 'S:; ct for those services . rendered prior to: termination. 2.14.4DDITION 4L.TERMS AND CONDITIONS • No additional terms and conditions included as part of your solicitation response •shall be evaluated or c:+a effect and idered, and any and all such'adaitional terms'and conditions shall, ha��e:no,force• or; are inapplicable to t► solicitation. If submitted either purposely, through intent'or design, or.madvertently',• appearing separately in ,, transmittal'letters;, spec ficatious;:'literature, pricelists or warranties, it is .understood and agreed that the General Conditions.and Spec alt'Gonclitions vi:tlus soli'citation,are..the only: conditions apphcable to this solicitaiion.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 Agreem.entis provided by the City and is expressly as part of this solicitation;'no additional terms'br conditions which materially or substantially vary, modify or alter the termss 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. 2.15. PRLII.4RY CLIENT (FIRST PRIORITY) errlm-::v . „,-.� z ? x: -Vi .f ,, :_.t»: .r . at;,r..t•t :sue � .^z ._;.s:^, :p,;.... i,r Via. .� gip,.= .t1 .e,2 - s:rv..� '��.nw;:3wa'ta�Lcli4,' z�.'��auF�"»t'"Ss�:e.-:k•+a'.r w wra�xace.4a" :x- '"§,<r�+s � E t� �•^`._., �s.4k • '�"_.. fz" �' „#•�'�;�_ Yx"x.-• ���,�,-^..::�.�c�c '£"' S-r-1 .r :c'++rY"'Ti''.-"iw,�cs �'" �'++•�"+�++bn:. �`F��s•;J,tSI� SUBSTITUTED Request for Qualifications (RFQ) 320284 successful bidders)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary clied shall be serviced first during a schedule conflict arising between this contract and any other contract success bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting v. '+us areas during or approximately the same time. 2.16. UNAUTHORI `. • D WORK The Successful Proposer`'', shall not begin work until a Purchase Order is received. 2.17. CHANGES/ALTERATION Proposer may change or withdraw a P modifications will be allowed. Written m 2.18. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance will be made. osal at any time prior to Proposal submission deadline; however, no oral cations shall not be allowed following the proposal deadline. 2.19. ADDITIONAL SERVICES Services not specifically identified in this request may be added to an negotiation and mutual consent of the contracting parties. a complete unit(s). No down or partial down payments 2.20. WORK ASSIGNMENTS IDENTIFIED BY THE CITY All service assignments during the contract period will be' on an •"as needed" basis, co requirements. The. City offers no guarantee as to the number or frequency of work assi pa3'nients under the terms of this contract sultant contract upon successful 2.21. LIMITED CONTRACT EXTENSION Any specific service assignment which commences prior to the termination date of the contract and whic611 extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, co'-:' .ue until completion at the same rates, terms and conditions as set forth therein. ving with notification nts or the amount of 2.22. 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. ' 2.23. TRUTH IN NEGOTIATION CERTIFICATE Page 30 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation cificate stating that wage rates and other factual unit costs supporting the compensation of the resulting A . ent are accurate, complete, and current at the time of contracting. The original contract price and any additio:.; thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increase: ` e to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustmentsall be made within one (1) year following the end of the Agreernent. 2.24. PRE-BID/I) • "',ROPOSAL CONFERENCE • None --ern:-=••-a at-•5`ta.r••r_:�s��: "c `r�,a,. ayiF.� wavy^..��.+_ -c. p, s•..�yv.zr�,;z_-•«;-r=..z-.�-nxlirs •p g •a�1•a.C):y�`•,t.:.:rl:�r r.+y�rr.•zia�•^ �F>° : ..;.-• iWitft kaa Y., 5 araaa4 tivx �x*'•wv.iZEI:L .,r `' .vcH: • - y� N,a' :.pus- ..,...e--� .u.res�a �> .rr' .$s,i`�"�"�#•w.e ._..W c wxwe • s� .ss.:-,bay' ,.-.a . SUBSTITUTED 3. Specifications 3. PECIFICATIONS/SCOPE OF WORK Request for Qualifications (RFQ) 320284 Defint►:r per City of Miami Code Section 2-811: Special in r(s) means a person(s) appointed by the city commission, or pursuant to city commission authorization, + preside over the code enforcement and other similar hearings and proceedings in accordance with the City Code in : ae same capacity as the code enforcement board and other similar boards. As many special masters as deemed necess• "_ •y the city manager shall be appointed. The special master(s) shall have the same status as an enforcement board, p ' , ant to Florida Statute Chapter 162. The special master(s) shall be an attorney at law . admitted to the practice 1:' in the state, a member in goodstanding of the Florida Bar, shall possess outstanding reputations for civic pride, '' -. est, integrity, responsibility and business or professional ability, and have significant knowledge of the city code e• ement matters and other similar matters in accordance with the City Code. For purposes of this chapter, and all ac ans taken purs»ant to its provisions, whenever a special master serves, instead of the enforcement board, including, but limited to, holding hearings and assessing fines, costs, and liens, the terms "special master" shall be synonymous w ": e the term "board." A . Special Master agrees to serve as a `:.-cial Master for Code Enforcement and other similar hearings and proceedings in accordance with the City Code. B. , Special Master represents and warrants to th', ity that: (i) she possesses all qualifications, licenses and expertise required for the performance of the Services. i) she is not delinquent in the payment of any slum due the City, including payment of permit fees, occupational lice :: -s, etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform the Services are : •d shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; an• ..y) the Services will be performed in the manner described herein. 3.2. Compensation: A. The amount of compensation payable by the City to Special Mast all be a fixed and firm amount of S100.00 per hour. This amount.is not subject to future escalation throughout':,; contract and optional renewal terms. Furthermore, in no event shall the total contract amount ofcompensatio ;ceed S25,000.00 per year. Page 32 of 34 SUBSTITUTED Request for Qualifications (RFQ) 320284 4. Submission Requirements UBMISSION REQUIREMENTS In or•''>;o determine Proposer's Qualifications, the following documents, as a minimum. are to be submitted as part of the Res"'.;',' se to this RFQ. • 1, Includetail, evidence that clearly demonstrates Proposer meets the minimum qualification requirements, pur'>:;Fnt to Section 2.7. Proposer's Minimum Qualifications. Include in de' ::',_. evidence that clearly demonstrates Proposer meets the preferred qualifications, pursuant to Section 2.7. Proposer ''°; finimum Qualifications. 3. Indicate whether the s ction of Proposer would result in any current or future potential conflict of interest. If so, your response must specify' a,e party with which the conflict exists or might arise, the nature of the conflict, and whether your firm or any of its liates or parent, would step aside or resign from the engagement or representation creating the conflict. Ple::,; also disclose any financial or contractual relationship an employee(s), partner(s), principal(s), officer(s) or owner'". of the firm, and/or the fum or any' of its affiliates or parent, including joint ventures, has, or have had, over the past '",. (5) years with any City of Miami elected or appointed official; or with a firm in which they were employed. This ' .s'., �� ation is subject to verification as part of the qualification process. m .-.... :r. , ;n .. N- Rum. ci a�... v. :2 ^k-. 4 vim ^, mq.�� m.,. ; vn ,gTRAT m;:. ,�-^...aVA, .. tla;43 :9:,U.A m:?F{ r, A ' ta;Vi; W/ � rw...,. s ,: .� .. :. - '.r.+�su+v�o'xiwiw�a�A'�'�,+7 .='iFue: ,gym ��. �., -i'' ,'a 3ei"��:. :.: f✓'i ^-".,..S r.. :.v��"di40:..uU �'�`-.s-..w�...wrnaxu..�:¢..b•�-.a�ne'.�'!Sr • w1V3uT�io.w:�t+e�. • z�rx�sc.+Gx� � cE �^-^ws��+: rww.-cic:,�.:.aSN:u1�..3, a _ .k i',r.d- r-.+A.v �n�r•-.san.at:d-�-'' a:�u: t..r "L SUBSTITUTED Request for Qualifications (RFQ) 320284 5. Evaluation Criteria VALUATION CRITERIA Respo` 'ents shall be evaluated to determine qualifications for Special Master, based on related experience and informati . as requested in the Minimum Qualifications section of the RFQ. The City sha'`';;stablish a Qualified Proposer's List for placement of all pre -qualified proposers for Special Master Services. The n :. es of all pre -qualified proposers shall be submitted to the City Commission for approval, The City reserves tla 'aht to add additional pre -qualified proposers to the list at intervals as determined necessary by the City throughout : duration of the contract in order to insure availability and expediency of work. Each proposer who seeks to be a` ;.. ed to the list will be evaluated, consistent with the requirements of this RFQ, to determine qualifications. Page 34 of 34 SUBSTITUTED "EXHIBIT B" PROPOSAL (Proposal to follow this cower page) SUBSTITUTED r.n nt5.4. &W,-"vrrk-Ve/gra/.. •. • "EXHIBIT C" SCOPE OF SERVICES (Scone of Services to follow this cover pay.e) - . F'-'1.LTiatVplarairarartaVigar=s,==554.,f--T-,,,,,,ica.15TV 17 7,5