HomeMy WebLinkAboutRequest for ProposalsCity of Miami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6ih Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number:
Title:
Issue Date/Time:
RFP Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
313280,2
Request for Proposals for Professional
Management of the James L. Knight
Center
16-MAY-2012
06/18/2012 @ 14:00:00
Mandatory
Thursday, May 24th, 2012 at 11:00 AM
the James L. Knight Center (specifically,
the 2nd Floor City Offices) located at 400
S.E. 2nd Avenue, Miami, Florida 33131
Tuesday, May 29th, 2012 at 11:00 AM
Velez, Pablo
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
pvelez@miamigov.com
(305)416-1925
Page 1 of 41
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
fumish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME.
ADDRESS •
PHONE: FAX
EMAIL: BEEPER.
SIGNED BY.
TITLE: DATE.
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 41
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032.(Section .18-105 of the City Code). pertaining to the implementation of a "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s) be used? (Yes or No)
Page 3 of 41
Line: 1
Description: Please disregard this line item. Please refer to the Section 4.1 Submission
Requirements.
Category: 95800-00
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
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Request for Proposals (RFP) 313280,2
Table of Contents
Terms and Conditions 6
1. General Conditions 6
1.1. GENERAL TERMS AND CONDITIONS 6
2. Special Conditions 27
2.1. PURPOSE 27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3. TERM OF CONTRACT 27
2.4. CONDITIONS FOR RENEWAL 27
2.5. NON -APPROPRIATION OF FUNDS 27
2.6. UNIFORM COMMERCIAL CODE 28
2.7. MINIMUM QUALIFICATION REQUIREMENTS 28
2.8. CONTRACT EXECUTION 28
2.9. FAILURE TO PERFORM 29
2.10. INSURANCE REQUIREMENTS 29
2.11. PERFORMANCE BOND 31
2.12. PRE -PROPOSAL CONFERENCE AND SITE VISIT 31
2.13. CONTRACT ADMINISTRATOR 32
2.14. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 32
2.15. COMPLETE PROJECT REQUIRED 32
2.16. PERSONNEL 32
2.17. TERMINATION 33
2.18. ADDITIONAL TERMS AND CONDITIONS 33
2.19. CHANGES/ALTERATIONS 33
2.20: COMPENSATION PROPOSAL 33
2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 34
2.22. ADDITIONAL SERVICES 35
2.23. RECORDS 35
2.24. AMENDMENTS TO THE CONTRACT 35
2.25. TRUTH IN NEGOTIATION CERTIFICATE 35
3. Specifications 36
3.1. SPECIFICATIONS/SCOPE OF WORK 36
4. Submission Requirements 39
4.1 . SUBMISSION REQUIREMENTS 39
5. Evaluation Criteria 41
5.1. EVALUATION CRITERIA 41
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Request for Proposals (RFP) 313280,2
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
'Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of S2.5,000.00 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 Procurernent 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. 1t must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a'purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall -notify all affected bidders/proposers and make available a
written explanation.forthe rejection. The,Cty also_reserves the right to,reject the response. of any bidder/proposer
who' has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response
from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a
different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an
alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate
Response". Alternate response shall be placed in the same response. This provision only applies to formal
solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall .bear their own attorney's fees through and including appellate litigation and any post judgment
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Request for Proposals (RFP)`'313280,2
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein,
when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or
addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation fsuch docutrients`ate.nofsubiiiitted in a timely'manner aril in the'fornr required'by t e"City. ere
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions fora 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.
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Request for Proposals (RFP) 3132802
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or 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 deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
•
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the'type, function, minimum=standard°of design; efficiency,, grade or quality, of.goods•only. • When•the, Citrdoes=not
wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be famished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after
a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to-deliver/perform the goods/services-required by -the -City; is a business risk -which -the
contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
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Request for Proposals (RFP) 313280,2
for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a response
for the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National.Institute.of.Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. • Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition
precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with -all local, state, andfederal directives, orders, and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
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Request for Proposals (RFP) 313280,2
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with any City employee, official or member of the City
Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section
2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk, which shall be made available to any person upon request. Written communications may be in the
form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the naive of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
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Request for Proposals (RFP) 313280,2
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and
all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable 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 Contractorto 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.
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Request for Proposals (RFP) 313280,2
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city.ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract -with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three'(3)'days'shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract,
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
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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 for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
131. EMERGENCY /'DISASTER'PERFORMANCE - In the event of a hurricane"or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes .any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation.
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1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected: The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity, and, have sufficient financial, material, equipment, facility,
personnel`resources, and expertise`to meet all contractual requirements. The terms'"equipment 'arid organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause -for a RFP,-RFQ, or-RFLI-to be considered -non -responsive; and, if.exceptions are takentothe_ termsand.
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
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Request for Proposals (RFP) 313280,2
rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will
be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed
or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires as a
condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans,
for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the
organization or individual receiving said contract and the authorized representative unless such an agreement is
found infeasible by the city manager and such finding approved by the City Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the
following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment and
Training Consortium, or its successor as local recipient of federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation, unified development projects,
municipal public works, and municipal improvements to the extent they are financed through public money services
or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic development
agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants
administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional services.
Services includes, without limitation, public works improvements, facilities, professional services, commodities,
supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and
employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's 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 ofresponding,. it. is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
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right to request and successful bidder/proposer must provide for any and all infornation to make a wage and
contractual price increase(s) determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall
take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/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 available to the City of Miami for compliance audits.
PHI_'shall maintaimits.protected,status'regardless•ofthe form and method of transmission (paper records and/or
electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information
practices including specifically, a description of the types of uses and disclosures that would be made with protected
health information.
1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials,
officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct
of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will
indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any
civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it
is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term
of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or
demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel
satisfactory-to.City..The-Contractor_ expressly understands_and.agrees.that.any.insurance. protection.required.by.this
Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
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liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to. determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the tenns and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be
amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
fax or e-mail'to-the "Sr. Procurement Specialist issuing tfieSolicrtatioir. Tabrilations also are available on the`City's
Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer. may be.prohibited.from subinitting.future responses.to the City. Information -regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
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Request for Proposals (RFP) 313280,2
granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes .(Prompt
Payment Act).
1.49. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder andeach of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through
the*issuance,of a -change order -addendum, amendment; or supplement,to,the.contract--, purchase.orderonaward sheet
as appropriate.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.53: NONCONFORMANCE TO CONTRACT. CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
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Request for Proposals (RFP) 313280,2
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and,award additional contracts for these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,.
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the
herein•doiiditionsfof'" Alteriiate'Responses"May Be:Considered
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
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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 naive of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1 62,.. PRICE ADJUSTMENTS Any pace decrease effectuated during the contractperiod either by reason of
market change or on the patt of the contractor to other customers•shall'bepassed on to the City ofMiami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's
authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, conunission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
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whichever is later. •
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property. is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1 69: PUBLIC RECORDS -Contractor' understands "that`the..public: shall have access; at allreasonable`times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision
of this section shall result in the immediate cancellation of this Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. 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.
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1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. 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 parry's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards
except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed
$25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for
Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer`within three'days after -the solicitation is published it a•newspaper of.generareirculafrori: A notice Of inteiit
to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii...Any actual Responsive.and Responsible Bidder whose... Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, retum receipt requested. A notice of intent to file a protest is considered filed when
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Request for Proposals (RFP) 313280,2
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry's right to file a
protest=pursuant to=this section The,protestingparty,shall.notbe:entitled,to seekjudiciahrelief,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. A11.costs accruing from a protest shall be assumed by the protestor.
(1) 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 .filinglee,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
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the City. if not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request
will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
award will be made at that time.
• >A.:Hardcopy=responses ahall.be..enclosed.in a.sealed envelop e, ,box .package..,.The.face.o the:envelope,.box.or
package must show the hour and date specified for receipt of resporises;'the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at, any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
.B...Facsimile.responses.will -not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
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Request for Proposals (RFP) 313280,2
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will not be considered for award.
E. Late responses will be rejected. '
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C. - Funds'are not: available'to`coverthe-cost°of thegoods•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 rightto 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
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Request for Proposals (RFP) 313280,2
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your finn's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attomey's fees incurred by
the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor
any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed
or goods delivered outside the scope of the contract or any work performed by an employee not otherwise
previously authorized.
1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City
Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's specifications.
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Request for Proposals (RFP) 313280,2
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the professional management, operation, and
maintenance of the James L. Knight Center, 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: Pablo Velez; fax: (305) 400-5340 or email: pvelez@miamigov.com. The solicitation
title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday,
May 29th, 2012 at 11:00 AM. All responses to questions will be sent to all prospective bidders/proposers in the
form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for three (3) years with an option to renew for three (3) 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.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) continued satisfactory performance compliance with the specifications, terms and conditions established herein
and
(2) Availability of funds.
In the event the Contractor is unable to extend the contract for any subsequent period, advance written notice and
explanation shall be submitted to the Chief Procurement Officer no later than ninety (90) days prior to the expiration
date of the contract period in effect at such time and shall be subject to the City's acceptance. Failure to comply
with these requirements may render the Contract in default of this contract.
2.5. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such
occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No
guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any finn(s).
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Request for Proposals (RFP) 313280,2
2.6. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations
between the proposer and the City.
2.7. MINIMUM QUALIFICATION REQUIREMENTS
Proposals shall be considered only from firms that are fully licensed and regularly engaged in the business of
providing the goods and/or services as described in this RFP; that have a record of performance for a reasonable
period of time; and that have sufficient financial support, equipment and organization to ensure that they can
satisfactorily execute the services if awarded a contract under the terms and conditions herein stated.
The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well
established facility as determined by the City. Additionally, the City may inspect the Proposer's facilities and/or
equipment prior to award.
For a Proposer to be deemed responsive the following minimum qualification requirements cited below shall be
satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in
detail in the Proposal Submittal. Failure to meet each such following minimum qualification requirement and/or
failure to provide sufficient detailed documentation concerning the same, shall result in the Proposal being deemed
non -responsive:
A. Proposer shall have a minimum of eight (8) years of experience managing and marketing in all of the
following major areas including, but not limited to: exhibitions, conventions, conferences, and performance
and entertainment venues;
B. Proposer shall have the ability to attract world class clients to the City's flagship conference and
performance venue;
C. Proposer shall be able to demonstrate its financial soundness;
D. Proposer shall be able to provide a clear, specific, and detailed plan;
E ,Proposer shall have no record ofjudgments, bankruptcy, pending lawsuits against the City or criminal
activities involving moral`turpitiide-and°sfiall'not have any conflicts -of interest thathave=not beemwaived
by the City Commission;
F. Neither Proposer nor any principal, officer, owner, or stockholder of Proposer shall be in arrears or in
default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to
perform faithfully on any previous contract with the City.
Submittals that do not respond completely to all requirements may be considered non -responsive and
eliminated from the process.
2.8. CONTRACT EXECUTION
The Selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a contract ("Contract") with the City in substantially the attached form labeled
"Exhibit C Professional' Services Agreement" and available via the Header section to this RFP. The -City -reserves
the right to execute or not execute, as applicable, a Contract with the Selected Proposer(s) that is determined to be
most advantageous and in the City's best interest. Such Contract shall be furnished by the City, shall contain certain
terms as are in the City's best interests, and shall be subject to approval as to legal form by the City Attorney.
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Request for Proposals (RFP) 313280,2
2.9. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48
hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in
default of the contract or make appropriate reductions in the contract payment..
2.10. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all
claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of
the contract, including all acts or omissions to act on the part of bidder, including any person performing under this
Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not
attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees
which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct
of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any
such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami,
Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
1. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
PerSohal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami/James L. Knight Center listed as additional insured.
Primary Insurance Clause
Contingent & Contractual Liability
Premises and Operations Liability
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
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Request for Proposals (RFP) 313280,2
B. Endorsements Required
City of Miami/James L. Knight Center included as additional insured.
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella/Excess Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence $20,000,000
Policy Aggregate $20,000,000
Applicable to general liability, auto, employer's liability and liquor liability City of Miami/James L. Knight Center
listed as additional insured.
.V,.:Errors,and,Omissions Coverage,(if,applicable)
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro date Coverage listed
VI. Crime Coverage (Primary) S1,000,000
City of Miami/James L. Knight Center listed as loss payee.
VII. Liquor Liability
Each Occurrence
Policy Aggregate
$1,000,000
$2,000;000
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer in accordance to policy provisions.
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Request for Proposals (RFP) 313280,2
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Proposer of liability and obligation under this
section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Proposer shall be responsible
for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance
of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(1) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Request for Proposal.
(2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Proposer in conjunction with the General and Special Terms and Conditions of the Bid.
The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that may be
granted to the Proposer.
2.11. PERFORMANCE BOND
The City reserves the right to require the Successful Proposer to post a performancebond upon award or at such
time deemed necessary by the City. The bond shall be accompanied by an affidavit of a qualified officer of the
entity tendering such bond or guarantee, or by the attorney -in -fact of such entity. No bond or guarantee shall be
accepted unless it is signed by a licensed agent of the state as attorney -in -fact for the entity writing same and unless
the same is written by a properly licensed insurance agent.
2.12. PRE -PROPOSAL CONFERENCE AND SITE VISIT
Potential Proposers are required to attend the Mandatory Pre -Proposal Conference and Site Visit which will occur
on Thursday, May 24th, 2012 at 11:00 AM, at the James L. Knight Center (specifically, the 2nd Floor City Offices)
located at 400 S.E. 2nd Avenue, Miami, Florida 33131. A discussion of the requirements of the solicitation will
occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly
with any and all conditions and/or requirements that may in any manner affect the work to be performed. No
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Request for Proposals (RFP) 313280,2
allowances will be made because of lack of knowledge of these conditions.
The purpose of the pre -proposal conference is to allow potential Proposers an opportunity to present questions to
staff and obtain clarification of the requirements of the solicitation documents. Because the City considers the
conference to be critical to understanding the solicitation requirements, attendance is Mandatory.
FAILURE TO ATTEND SHALL DEEM ANY PROPOSAL FROM UNATTENDING PROPOSER AS
NON -RESPONSIVE.
2.13. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Daniel Newhoff, Assistant Director of Public Facilities,
and Thelma Free, Assistant to the Director of Public Facilities, who shall be designated as the Contract
Administrator.
2.14. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or
Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be
paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City
in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the
major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or
reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and
all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance
for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of
the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents
of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed
Sub -Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant
information required of the Proposer. In addition, within five (5) working days after the identification of the award
to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors that the
Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name,
location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any
contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information
required of Proposer.
2.15. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of work required, enumerating or defining the extent of
same necessary, but failure to list any item or classes under scope of the several sections shall not relieve the
contractor from furnishing, installing or performing such work where required by any part of these specifications, or
necessary to the satisfactory completion of the project.
2.16. PERSONNEL
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Request for Proposals (RFP) 313280,2
The proposer represents that it has, or shall secure at its own expense, all necessary personnel required to perform
the stated services. Such personnel shall not be City employees or have any contractual relationship with the City.
2.17. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after
written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess
cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor
was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or
negligence, the termination will be deemed to be a ternination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this Contract is for services and so. terminated, the City of Miami
shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.18. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation .If submitted,etther purposely, throughintent or design,or inadvertently,.appearing,separately in„
transmittal letters, specifications, literature, p ice lists or warranties it is understood and agreedthat` the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If
a Professional•Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as
part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the
terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be
considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this PSA or Agreement.
2.19. 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.
2.20. COMPENSATION PROPOSAL
Each Proposer shall detail any and all fees and costs to provide the required services as listed herein. Proposer shall
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Request for Proposals (RFP) 313280,2
additionally provide a detailed list of all costs to provide all services as detailed in Section III Scope of Services, as
proposed. The City reserves the right to add or delete any service, at any time. Should the City determine to add an
additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to
provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right
to negotiate cost(s) or seek another vendor for the provision of said service(s).
Failure to submit compensation proposal as required shall disqualify Proposer from consideration.
2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses.
(3) Opening and listing of all responses received.
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation, including verifying that each submission includes all documents required.
(5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of
the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to
evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation
criteria as specified herein.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee.as part of the evaluation process. The presentation may be scheduled at the
convenience of the Evaluation Committee and shall be recorded. -
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the
City Manager for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's
recommendation for award of contract will be posted on the City of Miami Purchasing Department website, in the
Supplier•Coiner;.CurrentSolicitatioris.and"Nonce of Recoiniriendatioh of'Award":Section.`"Th"e nottce'of the"City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation
of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation
of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The
City Manager shall make a recommendation to the City Commission requesting the authorization to negotiate and/or
execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City
arising from such negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to
re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject
all proposals.
(9) The City Commission shall consider the City Manager's and Evaluation Committees' recommendation(s) and,
if appropriate and required, shall approve the City Manager's recommendation(s). The City Commission may also
reject any or all responses.
(10) If the- City Commission approves'the recommendations; the City will enter into negotiations with the selected
Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed
appropriate by the City Manager.
(11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s).
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Request for Proposals (RFP) 313280,2
2.22. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.23. 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.
2.24. AMENDMENTS TO THE CONTRACT
The City Manager shall have the right and authority to amend this Contract on behalf of the City.
2.25. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of the Agreement.
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Request for Proposals (RFP) 313280,2
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
I. PURPOSE
The City of Miami is seeking proposals from independent contractors for the professional management and
operation of the James L. Knight (JLK) Miami Convention Center. This multi -level convention center, overlooking
the scenic Miami River, is surrounded by first class hotels in the epicenter of downtown Miami. In soliciting
proposals for the professional management, operation, maintenance and upkeep of the Center, the City encourages
imaginative, innovative and creative approaches. Proposers should consider the full range of management options in
developing their proposals, including, but not limited to, the following:
• complete management of the Center including the subcontracting of certain institutional services;
• a proposed compensation structure that shall be linked to an incentive formula based on performance; and,
• recommendations for additional revenue sources for the purpose of achieving maximum financial returns
for utilization of the facility.
The proposer's creativity in seeking out such alternative revenue sources will be a consideration in the proposal
review process.
II. DESCRIPTION
A. TOTAL FACILITY AREA
A four(4) story structure of approximately 459,570 square feet which is owned by the City of Miami, of which
97,925 square feet is leased to a hotel developer who owns and operates 612 rooms on the site. The hotel is
operated as the Hyatt Regency Miami. The Miami Conference Center (MCC), an additional 34,840 square feet of
net working space, was formerly leased to the University of Miami, is included in this agreement; the working space
is contained within the third (3rd) and fourth (4th) floors of the Center's four (4) story structure. The MCC area
consists of a 444-seat sloped auditorium, a 117-seat lecture hall, 14-meeting rooms of various sizes, a large library
and an audio visual support area.
B. JAMES''L.:KNIGHT. (JLK) —AUDITORIUM & STAGE AREAS'
The JLK sloped auditorium includes unobstructed seating for approximately 5,000 patrons, of which 4,400 are fixed
seats and approximately 16,000 square feet of flat floor area to stage events of various sizes and/or where 600
additional seats can be placed. The auditorium has superior acoustical dynamics with 13,000 square feet of staging
area. It comprises a flexible setting which can accommodate various types of events such as the following:
• Presidential Summit of the Americas,
• World Champion Boxing,
• The Lippizaner White Stallions,
• Miss Universe,
•• Latin Music Awards, and
• concerts for singers such as Gloria Estefan and Sting.
C. CONVENTION CENTER AREAS
The convention center area consists of 28,000 square' feet which can also be separated into three functional areas:
• the North Hall at 11,000 square feet,
• the Central Hall at 13,000 square feet, and
• the South Hall at 4,000 square feet.
for exhibitions, meetings/seminars, and banquet functions. It overlooks the Miami River and the downtown Miami
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Request for Proposals (RFP) 313280,2
Skyline.
D. OTHER OPERATIONAL AREAS
1. Hotel Ballroom Area and Meeting Rooms
The Hotel operates a ballroom of approximately 11,800 square feet, divisible into twelve sections.
Immediately adjacent there is a pre -function area of approximately 3,700 square feet, divisible into two
sections. This entire area is located on the first level and accessible to the City's major meeting space.
2.MCCArea
The MCC consists of 34,840 square feet of net working space (formerly leased to the University of
Miami) between the third (3rd) and fourth (4th) floors of the Center's four (4) story structure. The MCC
area consists of a 444-seat sloped auditorium, a 117-seat lecture hall, as well as 14-meeting/seminar
rooms of various sizes.
3. Parking Garage
The Parking Garage, consisting of approximately 1,500 parking spaces, and is connected to the Center.
The Parking Garage isowned by the City of Miami and operated by the Department of Off -Street Parking.
HI. SCOPE OF WORK
A. OBJECTIVES
1. Establishment of a Highly Professional Organization
The primary objective is to establish a management organization staffed with expert and experienced
personnel who will manage, operate, maintain and upkeep the Center at the highest professional level of
service. The proposer shall submit an organization and management plan, including, but not limited to, a
list of all personnel and possible subcontractors to be assigned to the project and their respective
functions, to fully address the requirements of the City and the best interest of its citizens.
2. Fiscal Responsibility
Another important objective is to operate the Center in an efficient manner so as to minimize the annual
cost ofroperation,while,maintaininga professional,levebof service; - .
3. Produce Maximum Usage
A third objective is to maximize the usage of the facility and stimulate tourism in the area.
4. Produce Maximum Revenue
A fourth objective is to operate the Center to maximize revenues through the booking of events, local
events, conventions, trade shows, in-house advertising sales, and any other source that may be developed.
B. PROPOSAL PARAMETER
1. Establishment of Policy
The City willretain authority of the establishment and the modifications to basic operating policies. Such
basic policies include, but are not limited to,
• the scheduling of rental fees,
• .booking policies,.and .
• certain fiscal and budgetary reporting.
2. Organizational Relationship to City
At the present time, the City has a director who oversees all functions and conditions of the Center's
physical plant and its operations. It is not envisioned that there will be a change in this administrative
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' Request for Proposals (RFP) 313280,2
structure.
3. Capital Improvements
The City will retain the responsibility for capital improvements to the Center which includes major
equipment purchases, furnishings and carpeting. The Successful Proposer shall prepare on an annual
basis a five (5) year capital expenditure budget. The Successful Proposer shall be responsible for all
minorrepairs, maintenance and equipment upkeep, and the overall servicing and operation of the facility.
4. Furnishing and Equipment
All furnishings and equipment in the Center are available for use by the Successful Proposer, with title
retained by the City. "Furnishings and Equipment'includes office equipment which may be owned or
leased. The Successful Proposer shall maintain the furnishings and equipment ingood working order and
shall be liable for damages to items inexcess of normal wear. Successful Proposer shall also be
responsible to the City for furnishings and equipment which are lost or stolen. Successful Proposer shall
annually advise the Cityas to the maintenance and replacement budget for equipment.
5. Contract Terms
The contract shall be effective for a three (3) year period, with annual reviews, commencing upon the date
of execution of a professional service agreement (PSA) between the Successful Proposer and the City.
Contract extension(s) of three (3) one (1) year periods may be considered, at the sole discretion of the
City.
6. Insurance Requirements
The City requires comprehensive liabilityinsurance with an insurance carrier satisfactory to the City. Full
Workers Compensation will be required for all employees of the Successful Proposer.
7. Audit
The City will inspect and audit all data and records maintained by Successful Proposer relating to contract
requirements and contractual performance.
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Request for Proposals (RFP) 313280,2
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements where
indicated. Proposals shall provide the information itemized below and in the order indicated. This information shall
be provided for the Proposer and any Sub -Consultants to be utilized for the work contemplated by this Solicitation.
Proposals submitted which do not include the following items may be deemed non -responsive and may not be
considered for contract award.
Proposers shall submit responses in a hardcopy format, consisting of one (1) original and ten (10) copies, and
in an electronic format via a CD-ROM. On-line submittals, via the Oracle System, shall not be accepted.
Failure to adhere to these requirements may deem the Proposal non -responsive.
PROPOSAL FORMAT
The response to this solicitation shall be presented in the following format Failure to adhere to these
requirements may deem, your Proposal non -responsive.
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract;
Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable;
Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number.
2. Table of Contents
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below,
including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures,
should be clearly and consecutively numbered and correspond to the table of contents.
;t. Executive Summary:
Provide an Executive Summary describing elements contained within Proposer's Proposal, including such factors
as -Professional Experience,and Qualifications, Reputation, FinancialResponsibility,,;and.both Fiscal and Marketing
Plans. Proposer should specifically'indioate the types of plan(s) proposed.
4. Proposer's Professional Experience and Oualifications
a) Proposer shall provide the knowledge and qualifications of its convention industry management team
outlining the experience, education, and performance record of the individuals who will be upper
management and operation, including the General Manager, and other executive regional or national
. management personnel who will have supervisory responsibility 'of the James L. Knight Center.
b) Proposer shall provide the past performance yearly bookings success rate at various named facilities by
the following components:
1) number of bookings and
2) types of bookings (conventions, conferences, theater, and entertainment/music/theater/stage
performances).
c).Proposer_shall.provide.its.organizational.history.. and structure;_the.years Proposer and/or.firm has been
in business providing professional management service(s), and shall provide a list of all principals,
owners or directors.
d) Proposer shall list what, if any, Subcontractors or Subconsultants and shall include for each the same
information and/or documentation requested of the Proposer.
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Request for Proposals (RFP) 313280,2
e) Proposer shall provide any such other information and/or documentation which the Proposer deems
relevant to its organization and/or its ability to provide quality professional management of the James L.
Knight Center for the City.
5, Proposer's Reputation
Proposer shall provide five (5) client references on client company letterhead with names and contact
information for facilities the Proposer has successfully managed. The City reserves the right to verify any such
information submitted in this process. Such verification may include, but is not limited to, speaking with Client
References, reviewing any and all documentation for the same, site visitations, and any and all other independent
confirmation of data as the City may deem necessary in its sole discretion.
6. Proposer's Financial Responsibility
Proposer shall provide a minimum of three (3) years of audited financial statements demonstrating the Proposer's
financial health and stability. The financial statements shall include, but are not be limited to, the following:
a) balance sheets,
b) income statements,
c) cash flow statements, and
d) the Proposer's most recent quarterly financial statements.
7. Proposer's Fiscal and Marketing Plans
a)Fiscal Plan
The Fiscal Plan shall include a compensation formula in specific terms.
b) Marketing Plan
The Marketing Plan shall be creative in proposing alternative revenue sources including, but not limited
to:
1) attracting regional, national, and international conventions/exhibitions and
2) in capitalizing on Miami's strategic niche "location" for the realization of maximum returns
" "per th"e allotted- coriveritiori/exhibition<space:available.
8. Proposer's Address of City Objectives
Proposer shall provide any and all information/documentation concerning its proposal's clear address of the City's
objectives as identified in the Specification/Scope of Work section herein the RFP.
9. Local Preference
For Proposers seeking local preference consideration in the evaluation process, pursuant to Section 1.49 of the
General Conditions, the following information shall be provided with the proposal:
a) the Proposer's Primary Office Location and
b) the location from which the Proposer's operations will be based.
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Request for Proposals (RFP) 313280,2
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
The City's Selection Committee will evaluate proposals and will select the Proposer which meets the best interests
of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated
agreement. Proposals received shall be evaluated on the criteria noted below. In performing the evaluation, only
information contained within the Proposal will be considered, unless otherwise stipulated and/or other clarifying
information is requested by the City. Proposals from firms that do not meet the Minimum Qualification
Requirements as set forth herein the RFP will not be considered further. The Proposer granted the contract will be
required to maintain the Minimum Qualification Requirements during the term of the contract and any and all
renewals.
Each member of the Selection Committee shall independently review each Proposal using the criteria listed below.
Proposers meeting the Minimum Qualification Requirements criteria will have their Proposals evaluated and scored.
The Selection Committee will rank and recommend the Proposer deemed to be the most highly qualified to perform
the required services.
The following criteria will be utilized to select the firms submitting proposals:
CRITERIA POINTS
Proposer's Experience and Qualifications 20
Proposer's Reputation 10
Proposer's Financial Responsibility 15
Proposer's Fiscal and Marketing Plans 20
Proposer's Address of City Objectives 30
Local Preference (if applicable) 5
TOTAL ieo
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