HomeMy WebLinkAboutExhibit 1PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this
day of
201 (but effective as of ) by and between the City of Miami, a
municipal corporation of the State of Florida ("City") and EB Jacobs, LLC, a Pennsylvania
corporation ("Provider").
RECITAL
A. The City has issued a Request for Proposals No. 348322 ("RFP") for the provision
of Police Department test services for Police Captain and Police Sergeant ("Services") and
Provider's proposal ("Proposal"), in response thereto, has been selected as the most qualified
proposal for the provision of the Services. The RFP and the Proposal are sometimes referred to
herein, collectively, as the Solicitation Documents, and are by this reference incorporated into
and made a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No.
adopted on , 201_, approved the selection of Provider and authorized the City
Manager to execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
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2. TERM: The term of this Agreement shall be for two (2) years with an option for
three (3) additional two (2) year periods commencing on the effective date which shall be when
this Agreement is fully executed.
3. OPTION TO EXTEND: The City shall have three (3) option(s) to extend the term
hereof for a period of two (2) years each, subject to availability Find appropriation of funds. City
Commission approval shall not be required as long as the total extended term does not exceed
eight (8) years and additionally as long as the amount of compensation does not exceed
$ 1,200,000.00.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents for the
performance of the Services; (ii) it is not delinquent in the payment of any sums due the City,
including payment of peimit fees, occupational licenses, etc., nor in the performance of any
obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all
times during the term hereof, fully qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rates and schedules described in Attachment `B" hereto, which by this reference is incorporated
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into this Agreement; provided, however, that in no event shall the amount of compensation
throughout the contract term and renewal options cumulatively exceed $1,200,000.00.
B. Unless otherwise specifically provided in Attachment `B", payment shall be made
within forty five (45) days after receipt of Provider's proper invoice, as that term is defined by
the Local Government Prompt Payment Act, Section 218.70, et. seq., Florida Statutes, which
shall be accompanied by sufficient supporting documentation and contain sufficient detail, to
allow a proper audit of expenditures, should City require one to be performed. If Provider is
entitled to reimbursement of travel expenses (i.e., Attachment "B" includes travel expenses as a
specific item of compensation), then all bills for travel expenses shall be submitted in accordance
with Section 112.061, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
infouuiiation, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
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Agreement. All audits shall be subject to and made in accordance with the provisions of Section
18-102 of the Code of the City of Miami, Florida, as same may be amended or supplemented
from time to time.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of Section 18-100 and 18-101 of the Code of the City of Miami,
Florida, as same may be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
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10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws, codes, rules and regulations, including, without limitation, laws pertaining to public
records, conflict of interest, record keeping, etc. City and Provider agree to comply with and
observe all applicable laws, codes and ordinances as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify and hold harmless the City and its
officials, employees and agents (collectively referred to as "Indemnitees") and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney fees) or
liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection
with (i) the performance of the services contemplated by this Agreement when the services
provided contain professional errors, omissions or negligence on the part of the Provider or its
employees, agents or subcontractors (collectively referred to as "Provider") or (ii) the failure of
the Provider to conform to statutes, ordinances, legal codes, contract requirements, other
regulations of any governmental authority, federal, municipal or state, in connection with the
perfonilance of this Agreement. The Provider is not responsible to defend the City in legal
actions within the scope of (i) or (ii) above, and shall only indemnify the City in the situation
where: (a) the test submitted by the Provider under this Agreement is found to be not in
compliance with Civil Service Rules, or with federal or state statutes; (b) any services or
materials furnished by the Provider under this Agreement is determined to be legally defective;
or (c) the Provider is found to have committed professional errors, omissions, or negligence
when the claims are adjudicated, and not just alleged. The Provider shall be liable and agrees to
pay the City's cost of such defense, inclusive of its attorney's fees, if the circumstances in (a),
(b), or (c) above are determined to exist by a court of competent jurisdiction.
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12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately retumed to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is subject to
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City Commission approval); or (iii) City has waived compliance with the procedure set forth in
this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A. The City shall have the ri
t to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages. Provider shall have recourse against the City for a
termination under this Section except to be paid any compensation for services incurred and due
prior to the date of teumination.
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain
insurance coverage and limits of insurance in accordance to Insurance Exhibit C. All such
insurance, including renewals, shall be subject to the approval of the City for adequacy of
protection and evidence of such coverage shall be furnished to the City on Certificates of
Insurance indicating such insurance to be in force and effect and providing that it will not be
canceled during the performance of the services under this contract without thirty (30) calendar
days prior written notice to the City. Completed Certificates of Insurance shall be filed with the
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City prior to the perfoimmiance of services hereunder, provided, however, that Provider shall at any
time upon request file duplicate copies of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
18. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
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address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Rick R. Jacobs, Ph.D.
Principal
EB Jacobs, LLC
300 South Burrowes Street
State College, PA 16801
19. MISCELLANEOUS PROVISIONS:
A.
of Florida.
TO THE CITY:
Johnny Martinez, P.E.
City Manager
3500 Pan American Drive
Miami, Florida 33133
Julie O. Bru
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
Amy Klose
Human Resources Director
City of Miami
444 SW 2nd Avenue, 7th Floor
Miami, Florida 33130
This Agreement shall be construed and enforced according to the laws of the State
Venue in all proceedings shall be in Miami -Dade County, Florida and the parties
agree to the use of this venue. In any civil action or other proceedings between the parties arising
out of the Agreement, each party shall bear its own attorney's fees.
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B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
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and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of allocated and available funds, reduction or
discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30)
days notice.
23. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
25. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
"City"
CITY OF MIAML, a municipal
ATTEST: corporation
Todd Hannon, City Clerk
By:
Johnny Martinez, P.E., City Manager
"Provider"
AT 1 EST: EB Jacobs, LLC,
a Pennsylvania corporation
Print Name:
Title: Company Secretary
By:
Print Name:
Title: President
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru
City Attorney
Form I (a)-(RFP/Corporate)
Calvin Ellis, Director
Risk Management
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ATTACHMENT "A"
3.2 PROJECT REQUIREMENTS (From RFP No. 348322)
Attached and incorporated herein by reference.
eirg $tRmitt
KENNETH ROBERTSON JOHNNY MARTINEZ, RE
Chief Procurement Officer City Manner
tgNF �_ 7t�a
1 MU _ 17
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ADDENDUM NO. 1
RFP No, 348322
December 19, 2012
Police Captain and Sergeant Examination Processes
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken
through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are
now in effect and remain unchanged. Please note the contents herein and reflect same on the documents
you have on hand.
The Deadline for Receipt of Request for Additional Information/Clarification has been extended to: FRIDAY
DECEMBER 28, 2012, AT 5:00 PM.
The RFP Closing Date/Time has been extended to: TUESDAY, JANUARY 15, 2013, AT 1:00 PM.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
Sincgrely,
Kehneth Robertson
Director/Chief Procurement Officer
City of Miami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
• 444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number: 348322,1
Title: Request for Proposals for Police Captain_
and Sergeant Examination Processes
Issue Date/Time: 19-DEC-2012
RFP Closing Date/Time: 15-JAN-2013 @ 13:00:00
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Friday, December 28, 2012 @ 5:00 P.M.
Buyer: Calderon, Yadissa
Hard Copy Submittal Location: City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
Buyer E-Mail Address: ycalderon@ci.miami.fl.us
Buyer Facsimile: 305-400-5369
Page 1 of 46
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS •
PHONE: FAX•
EMAIL. BEEPER.
SIGNED BY:
TITLE: DATE.
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
Page 2 of 46
Certifications
Legal Name of Film:
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:
Will Subcontractor(s) be used? (Yes or No)
Page 3 of 46
Line: 1
Description: Disregard this line item. Please refer to the Submission Requirements, Section 4.1.,
12. Price Proposal
Category: 91885-00
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
Page 4 of 46
Request for Proposals (RFP) 348322,1
Table of Contents
Terms and Conditions 6
1. General Conditions 6
1.1. GENERAL TERMS AND CONDITIONS 6
2. Special Conditions .26
2.1. PURPOSE 26
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 26
2.3. TERM OF CONTRACT 26
2.4. CONDITIONS FOR RENEWAL 26
2.5. NON -APPROPRIATION OF FUNDS 26
2.6. PROPOSER'S MINIMUM QUALIFICATIONS 26
2.7. CONTRACT EXECUTION 27
2.8. FAILURE TO PERFORM 27
2.9. INSURANCE REQUIREMENTS 27
2.10. CONTRACT ADMINISTRATOR 29
2.11. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 30
2.12. SPECIFICATION EXCEPTIONS 30
2.13. TERMINATION 30
2.14. ADDITIONAL TERMS AND 'CONDITIONS 31
2.15. PRIMARY CLIENT (FIRST PRIORITY) 31
2.16. CHANGES/ALTERATIONS 31
2.17. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 31
2.18. ADDITIONAL SERVICES 32
2.19. RECORDS 32
2.20. TRUTH IN NEGOTIATION CERTIFICATE 33
3. Specifications 34
3.1. SPECIFICATIONS/SCOPE OF WORK 34
4. Submission Requirements 42
4.1. SUBMISSION REQUIREMENTS 42
5, Evaluation Criteria 46
5.1. EVALUATION CRITERIA 46
Page 5 of 46
Request for Proposals (RFP) 348322,1
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to, the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal
solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. -
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, .and .who is not in a position to perform .the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response
from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a
different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an
alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate
Response". Alternate response shall be placed in the same response. This provision only applies to formal
solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post judgment
Page 6 of 46
Request for Proposals (RFP) 348322,1
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 maybe preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
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Request for Proposals (RFP) 348322,1
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 Attomey.
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) - A11 forms should be completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after
a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
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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.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives, orders, and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances maybe 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
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:
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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 ffB (bid) documents (See Section
2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk, which shall be made available to any person upon request. Written communications may be in the
form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself%itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
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
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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
B i dder(s)/Prop o s er(s ).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(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
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the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
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
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this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which
follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in
the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure
to comply with these requirements may deem a Response non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
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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 and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal.
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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. 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 wale earners and
clerical workers, CPI-W, or a successor index as calculated by the United States Depai Luent of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s) determination.
1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be govemed 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.
1.40. 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.
1.41. 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.
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PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information
practices including specifically, a description of the types of uses and disclosures that would be made with protected
health information.
1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers,
agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify,
hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that
the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this
Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand,
Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory
to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from 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.
1.43. FORMATION 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.
1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be
amended or supplemented from time to time.
1.45. 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 famished upon request via
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fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's
Web Site following recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received'within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. 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).
1.48. LOCAL PREFERENCE
A. City Code Section 18-85, states, `when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. 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.
1.50. 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
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the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.51. 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.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Depai tiuent 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.
1.53. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. 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.
1.55. 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.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
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will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the
herein condition for "Alternate Responses May Be Considered".
1.57. 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.
1.58. 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.
1.59. 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.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item, Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended 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
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OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of
market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.62. 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.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.64. 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,
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.
1.65. 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.
1.66. 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.
1.67. 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
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287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision
of this section shall result in the immediate cancellation of this Contract by the City.
1.69. 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.
1.70..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.
1.71. 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.
1.72. 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 $25,00.0, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. 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
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Request for Proposals (RFP) 348322,1
filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Depaituent website, in the Supplier Corner, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If"various'.' is indicated in the Recommendation of Award To field, the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award deterniiination.
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.
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(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a
protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee.- The written protest must be accompanied bya filing feels the form of a money order or cashier's --
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection (e) above.
1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.75. 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.
1.76. 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.
1.77. 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.
1.78. 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,
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RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. 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:- US 1 NORTH TO-27THXVENUE; 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
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
retuned 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.
1.79. 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.
1.80. 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.
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B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. 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.
1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The
City_reser_ves the right.to cancel such orders, or anypart 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.
1.83. 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.
1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
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.
1.85..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.
1.86. 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.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Consultant Services for Police Captain and Sergeant
Examination Processes, as specified herein, from a source(s) of supply that will give prompt and efficient service
fully compliant with the terms, conditions and stipulations of the solicitation.
2.2..DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Yadissa Calderon; fax: (305) 400-5369 or email: ycalderon@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received no later
than Friday, December 28, 2012 @ 5:00 P.M.. All responses to questions will be sent to all prospective
bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER
SAID DEADLINE.
2.3. TERM OF CONTRACT
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for two (2) years with an option to renew for three (3) additional two (2)
years periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.5. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such
occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No
guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any finn(s).
2.6. PROPOSER'S MINIMUM QUALIFICATIONS
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The following represent the minimum qualification requirements for a Proposer to be deemed responsive by the
City, and Proposers shall satisfy each of the following minimum requirements cited below. Each of these minimum
qualifications must be addressed in detail in Proposal submission to determine Proposer's responsiveness. Failure to
meet each of the following qualification requirements, and/or failure to provide sufficient detail and/or
documentation in its Proposal to determine responsiveness by the City, will result in the Proposal being deemed
non -responsive.
A. Proposer shall have been providing the services as described in this RFP for a minimum of three (3) years as
evidenced by their date of incorporation, and shall provide proof of active status or documentation evidencing
proposer is currently seeking active status with the Florida Depaitauent of State, Division of Corporation;and have
sufficient financial support, equipment and organization to insure that it can satisfactorily execute the services if
awarded a Contract under the terms and conditions herein stated.
B Both the Primary Consultant and the one additional member from the Primary Consultant's firm or agency shall
have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field.
C. Proposer shall have no record of judgments, bankruptcies, pending lawsuits against the City or criminal
activities involving moral turpitude, and not have any conflicts of interest that have not been waived by the City
Commission.
D. Neither Proposer nor any principal, officer, or stockholder of Proposer shall be in arrears or in default of any
debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on
any previous contract with the City.
2.7. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a contract ("Contract") with the City in substantially the attached form labeled
"Attachment B - Professional Services Agreement" and available via the Header section to this RFP. The City
reserves the right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined
to be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney.
2.8. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48
hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in
default of the contract or make appropriate reductions in the contract payment.
2.9. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all
claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of
the contract, including all acts or omissions to act on the part of bidder, including any person performing under this
Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not
attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees
which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct
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of the City, and from and against all costs, attomeys' 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 Deparuent, 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:
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit. ... $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
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
B. Endorsements Required
City of Miami included as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
S100,000 for bodily injury caused by an accident, each accident
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$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Deductible- not to exceed 10%
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.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this
section or under any other section of this Agreement.
-If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible
for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance
of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section
remain in force for the duration of the contractual period; including any and all option terms that may be granted to
the Bidder.
2.10. CONTRACT ADMINISTRATOR
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Upon award, contractor shall report and work directly with Eyran Kraus, Ph.D., who shall be designated as the
Contract Administrator.
2.11. 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 bome 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.
2.12. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing
Depaituient, in writing, no less than ten (10) days prior to solicitation closing date of any change in the
manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must
explain any deviation from the specifications in writing as a footnote on the applicable specification page and
enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For
electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose
a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission.
Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are
included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being
held responsible for all costs required to bring the item(s) in compliance with contract specifications.
2.13. 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
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Request for Proposals (RFP) 348322,1
cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor
was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or
negligence, the termination will be deemed to be a termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami
shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.14. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If
a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as
part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the
terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be
considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this PSA or Agreement.
2.15. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary
client and shall be serviced first during a schedule conflict arising between this contract and any other contract
successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a
result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency
impacting various areas during or approximately the same time.
2.16. 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.
2.17. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses -- response submittals shall be inclusive of a Technical Proposal and a Price Proposal each
of which shall be in properly labeled, separately sealed envelopes.
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(3) Opening and listing of all responses received.
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation, including verifying that each submission includes all documents required. The Purchasing staff will
open, review, and evaluate the Price Proposals and assign points based on the price Evaluation Criteria identified
herein RFP.
(5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of
the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to
evaluate each response -- specifically, the Technical Proposal -- in accordance with the requirements of this
Solicitation and based upon the Evaluation Criteria as specified herein. At said meeting and immediately thereafter
the evaluation of each response, the Purchasing staff shall provide the Evaluation Committee with the points that
were assigned to each of the Price Proposals for inclusion of the same as part of the total score and rank each
Proposer will receive from the Evaluation Committee.
(6)"- The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the
convenience of the Evaluation Committee and shall be recorded.
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the
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 Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation
of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation
of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The
City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate
and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the
City arising from such negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to
re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject
all proposals.
(9) The City Commission shall consider the City Manager's and Evaluation Committees' recommendation(s) and,
if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject
any or all response.
(10) If the City Commission approves the recommendations, the City will enter into negotiations with the selected
Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed
appropriate by the City Manager.
(11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s).
2.18. 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.
2.19. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide
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City access to all files and records maintained on the City's behalf
2.20. 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) 348322,1
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City is seeking the services of a personnel selection Consultant to develop and implement a series of customized
examination processes with a parallel form for each exercise for each exam administration, for the classifications of
Police Captain and Police Sergeant, on behalf of the Department of Human Resources.
During the initial two (2) year term of the contract, it is anticipated the Successful Proposer shall administer one (1)
examination for the classification of Police Captain, and one (1) examination for the classification of Police
Sergeant However, it should also be noted that should it be in the City's best interests, and at its sole option, the
number of examinations may increase, or decrease accordingly, at anytime throughout the term of the contract,
including all extension terms, based upon the needs of the City at that time.
The promotional processes for each classification will consist of customized examination processes, and seniority
credit for time -in -grade. Promotional scores will be calculated in accordance with Civil Service Rule 6, and if
applicable, FOP Union contract with the City. The following are approximations of the number of candidates
expected to sit and participate, for each examination process and during each of the anticipated two (2) year contract
period: 45 for Police Captain and 350 for Police Sergeant. However, be advised these numbers may be for more or
less, depending upon need.
3.2. TESTING PROCEDURE OBJECTIVES
The testing procedure for each classification over the life of the contract shall be:
1. Based on a corresponding job analysis for the targeted position.
2. Directly job -related.
3. Reasonably perceived as fair and objective by the candidates.
4. Standardized to ensure comparability of scores across candidates.
5. Developed with input from staff from the Miami Police Department and the Department of Human Resources.
6. Entail multiple assessment measures.
7. Meet the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards,
including but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation
and Use of Personnel Selection Procedures", and/or American Educational Research Association/American
Psychological Association/National Council on Measurement in Education "Standards for Educational and
Psychological Testing."
The Consultant must be qualified and experienced in the design and implementation of law enforcement
promotional systems.
3.3. TEST DEVELOPMENT REQUIREMENTS
The Consultant shall:
1. Abide by timetables outlined herein over the life of the contract and for each classification, with the
understanding that timetables outlined herein may be superseded by the current Fraternal Order of Police (FOP)
Labor Agreement. These timetables are estimates only and subject to change. The City shall provide reasonable
written notice of any changes to specified timetable.
2. Conduct a legally defensible job -analysis according to current professional and legal standards within 75
calendar days after request by the Department of Human Resources (DHR) for both classifications of Police Captain
and Police Sergeant.
3. Develop a written examination that is appropriate to directly measure the knowledge, skills, abilities, and other
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characteristics (KSAOs) identified in the job analysis as necessary to perform the job functions within 130 calendar
days of the completion of the job analysis for each classification of Police Sergeant and/or Police Captain. The
written examination may act as a hurdle for the classification of Police Sergeant.
4. Develop no less than three (3) assessment center or oral board examination exercises for each examination and
for each classification that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics
(KSAOs) that are identified in the existing job analysis within 130 calendar days after the completion of the job
analysis necessary to perform the job functions for the classifications of Police Captain and Police Sergeant.
Consultant will have input from subject matter experts (SMEs) from the Miami Police Department. DHR will have
input into the development of examination measures. DHR must approve exercises after Police Department SME
input. DHR will have final review of exercises. Each examination process must have a preparation manual/study
guide published and delivered to DHR in electronic format by the Test Consultant, with sample exercises, at least 75
days prior to the administration of the examination. Preparation manual/study guide will include, at minimum the
following sections: description of the examination, preparation and test strategies for all test components and sample
test items/exercises for all test components. All exercises must require responses which are recorded by the
candidate on paper and/or verbally to live assessors.
5. Develop one (1) parallel form for each exam exercise, for each classification and for each day of testing that
exceeds a one (1) day administration period. In addition, develop one (1) extra form for each and every exercise
beyond the number of days of testing that will not be used during the original test administration process.
6. Work with the Miami Police Department and Department of Human Resources to develop one (1) book list for
each examination and for each classification based upon the current Job Analysis, if not already developed. The
book lists will be a source of examination material for each classification. Each list for each examination and for
each classification must be published a minimum of 90 days prior to the administration of the exam. The City will
provide the successful proposer with the previous book lists used for each rank. Compare source materials with the
job analysis data to ensure that all items, scenarios, exercises, etc. are drawn from included source materials and are
representative of the job content. Parallel exercises must also be developed by the Primary Consultant's firm or
agency from the booklist.
7. Identify percentage of job domain measured by each customized examination process and for each
classification (e.g., simulation, role-play) within 60 days prior to the first day of the administration of the exam.
Identify area(s) of job domain not measured by the examination process and identify appropriate measures for
assessing that portion of job domain for the classification. Reviews must be based on the current job analysis for the
appropriate classification.
8. Prepare and submit for approval to the Department of Human Resources all scripts for all appropriate exercises
for all appropriate classifications in electronic format at least 21 calendar days prior to the first examination date.
Candidate instructions will be reviewed by the supervisor of the Department of Human Resources, Testing and
Validation Division to ensure practicality as well as to assist the Department of Human Resources in examination
administration planning.
9. The Project Manager, or the individual as proposed and responsible to work directly with the City on an
as -needed basis throughout the life of the contract to perform the scope of services and administer the
examination(s) (identified herein as the Primary Consultant), and at least one member of the Primary Consultant's
firm or agency shall be present for all days and exercises of the on -site test administration for exercise, for each
examination process and for each classification. Both the Primary Consultant and the one additional member from
the Primary Consultant's firm or agency shall have a minimum of a Masters degree in Industrial and Organizational
Psychology or a closely related field. The number of staff from the Consultant's firm or agency shall be appropriate
in a number commensurate with the logistical needs of each situation. The Primary Consultant will be in
possession of all materials needed for administration of each exercise for each examination and for each
classification. Finding of, and payment for, testing facilities is the responsibility of the City. City staff approved by
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the Department of Human Resources may be used as proctors for the examination process. The number of City staff
approved by the Department of Human Resources may be used as proctors for the examination process will vary
with a minimum of four (4) City staff members available for each exercise, for each examination process and for
each classification.
10. Successfully implement a hurdle examination process for Police Sergeant in the event that the number of
candidates expected to sit and participate in any given examination within the contracted time frame necessitates a
hurdle process.
11. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall support the
appeal process in place for all written examinations by conducting a thorough review of all appeals submitted during
the appeal process and by providing a written report to the Supervisor of the Testing Division of the DHR in a
confidential mannerwithin 30 calendar days after the last day of the written appeal process. The written
"Recommendations Report" shall include, but not limited to, the following for all appealed questions: the original
item, source(s), keyed answer, a summary of candidate arguments, Psychometric results (proportion selected, overall
point-biserial correlations, point-biserial correlations for low and high test performers and overall), conclusion and
recommendation (e.g., keep as originally keyed, double -key, delete.)
12. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall score each
examination for each classification and generate descriptive statistics such as means and standard deviations.
Primary Consultant shall analyze the scores from each examination process to determine the extent to which group
means differ by ethnicity/race and by gender for each classification, present said analyses to DHR for review, and
include all said analyses in the final report. Analyses to include, but not limited to: adverse impact, validity, and
exercise and examination reliability by sub -dimension and overall, item difficulty, item descriptives, and item
homogeneity, etc., where applicable.
13. Primary Consultant shall ensure that all scoring calculations and results are error -free and completed within 14
days after the last day of exam administration for an examination process that does not include an appeal or hurdle
process. Primary Consultant shall ensure that all scoring calculations and results are error -free and completed within
14 days after a fmal determination of the written exam appeal committee for an examination process that includes an
appeal process.
14. Data entry and scoring is to be completed by at least two different employees of the Primary Consultant's firm or
agency working independently with results matched for agreement. Any and all discrepancies in data -entry, scoring
calculations and scoring results shall be resolved quickly in a fair and unbiased manner by the Primary Consultant
who shall have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field.
15. Primary Consultant shall provide a written recommendation for the cutoff score to Testing Division staff of the
DHR within 14 days after the administration of the exam for each customized examination process, for each
classification and provide written rationale for each recommendation given including the establishment of the cutoff
score. All cutoff scores recommended by the Primary Consultant must be based on the results of an appropriate
validation study conducted according to professional guidelines, principles and standards. The Depaitinent of
Human Resources reserves the right to review and approve the recommended cutoff point for each examination
process.
16. Primary Consultant or qualified consultant's representative shall provide an on -site orientation program for each
examination, for each classification to ensure that all candidates receive uniform and relevant information for the
applicable examination within 40 days prior to the administration of the exam. The orientation will be presented on
multiple days and include written guidelines and rules that will govern each exam administration of each
examination process for each classification and prepare a written "Questions and Answers" packet for each exam
process for each classification. The "Questions and Answers" packet is a document consisting of questions raised by
attendees at the candidate tutorial sessions provided by the vendor and their answers. The "Questions and Answers"
packet also contains relevant questions and answers from a bank that was asked by past candidates. The City will
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Request for Proposals (RFP) 348322,1
provide the vendor with `banked' questions and answers. The vendor is also expected to make the PowerPoint slides
from the candidate tutorial sessions available to all interested candidates, regardless of attendance at a tutorial
session. Each "Questions and Answers" packet (i.e., Questions and Answers document as well as the tutorial session
PowerPoint slides) must be submitted by the Primary Consultant to Testing Division staff in the DHR at least 30
days prior to each test administration for each classification and will summarize the questions raised at the on -site
orientation supplemented with pertinent questions from past orientations and provide responses to each question.
17. Consultant shall contact, screen, select, secure, obtain, train and ensure the presence of individuals from the law
enforcement community to serve as assessors/role players/raters for each exercise, for each exam for each
classification, where applicable, pending approval of the Testing Division staff of the DHR. All assessors will be
from (a) United States agencies, (b) comparable in size and/or selected demographics (e.g., ethnicity, race, gender)
to the Miami Police Department, (c) outside of the State of Florida, and (d) of the same rank or higher rank as the
classification being tested. Every effort must be made by the Primary Consultant to ensure that each exam process
for each classification has appropriate ethnic/racial and gender representation among assessors used in exercises for
each classification.. The selection and training of potential assessors/role players/raters and the ethnic/racial and
gender background making up the assessor panel must be approved by the Depai latent of Human Resources for each
classification process a minimum of 45 days prior to each exam administration for each classification. The
Depai tuient of Human Resources reserves the right to require that consultants use separate role players from that of
assessors. It is preferred that individuals serve as either an assessor or a role player but not in both capacities. A
minimum of three (3) assessors must participate in training and assessment for all exercises with the exception of the
Letter or Memo Writing, Simulation, or other DHR approved exercise(s) for which a minimum of two (2) assessors
must participate in training and assessment. The City reserves the right to require that the Primary Consultant
contact, screen, select, secure, obtain, train and ensure the presence of an additional assessor and/or role player
and/or rater for each exercise for each exam for each classification to serve as an alternate should a primary assessor
and/or role player and/or rater be unable to carry out their duties as an assessor and/or a role player and/or a rater,
respectively. Primary consultant will develop and otherwise prepare and administer assessors/role players/raters
training materials, and administer training for assessors/role players/raters. Primary consultant will photocopy,
duplicate, collate, organize, prepare and otherwise be responsible for all related clerical duties surrounding the
preparation of assessor/role player/rater materials for the purpose of training, administration and for additional
assessors/role players/raters where proposed and appropriate to the task. The City reserves the right to have
representation present from the Department of Human Resources, Testing and Validation Division at any and all
processes that involve assessors/role players/raters, including but not limited to orientations and/or training sessions
and/or selection proceedings and/or assessment processes and/or scoring. The same number of assessors/role
players/raters must be used to assess every candidate participating in a specific exercise requiring assessors/role
players/raters for each classification, respectively and as applicable. Candidates will be scored by the same
assessors/role players/raters for each exercise of each exam for each classification. The cost of one alternate assessor
and/or rater and a sufficient number of role players shall be included in the pricing, should the Proposer's
submission require the use of assessors and/or role players and/or raters.
18. The Primary Consultant shall provide evidence (e.g., statistics) supporting the content validity and reliability of
each exam for each classification in a separate final report to the Department of Human Resources, Testing and
Validation. Division. Actual scores for each candidate including, but not limited to raw, standardized, and computed,
must be provided to the City for each candidate for each exercise for each exam in each classification within 14 days
following completion of the exam administration. In addition, the Primary Consultant shall provide
recommendations in the final report to assist the City with preparing examination candidates for future processes.
This report should include sufficient information to assist the City in developing future training programs for
promotional candidates for each exam for each classification.
19. The Primary Consultant shall establish the content validity for each exam for each classification by documenting
the links between the Job Analysis and examination process and exercises in accordance with the Federal "Uniform
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Request for Proposals (RFP) 348322,1
Guidelines on Employee Selection Procedures" and cm -rent professional standards including, but not limited to, the
Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection
Procedures", and/or American Educational Research Association/American Psychological Association/National
Council on Measurement in Education "Standards for Educational and Psychological Testing." This information
shall be included in each final report along with documentation of exam development, administration, scoring for all
exams, exercises, components, etc. Submit a camera-ready copy and electronic copy of the final validation report
within 60 days after the last day of each examination administration. The final report shall also include a detailed
explanation of any and all controls and safeguards used to eliminate rater errors or other biases and ensure accurate
analytical interpretation and completeness.
20. The Primary Consultant or. qualified individual from the Primary. Consultant's firm or agency shall provide three
8-hour days of post-test consultation inclusive in proposed fees, as well as maintaining fixed and firm fees
throughout the initial term of the contract for the Specifications/Scope of Work cited herein, including any
additional work as necessary. The Primary Consultant shall, as part of the Contract, agree to appear on the City's
behalf as an expert witness in the event of any litigation arising from any of the examination processes for each
classification. The Primary Consultant agrees to appear for a total time of three (3) days up to eight (8) hours per
day without any additional financial costs to the City. The Primary Consultant shall be responsible for
transportation, lodging, and meals. After the three (3) days have been utilized, the Primary Consultant shall be
allowed to charge the City his or her reasonable daily rate at time of Contract for any additional days for the services
relating to litigation and/or appearing as an expert witness; said appearance and resulting costs have to be approved
by the City in advance of travel. The Consultant shall be responsible for travel time, transportation, lodging and
meals during the first three (3) days of post-test consultation. Reasonable travel expenses, a rental car allowance,
hotel accommodations, and a meal allowance for appearances arising from litigation shall be paid to the Primary
Consultant by the City as additional costs upon approval by the City and in accordance with § 112.061, Florida
Statutes.
21. The Primary Consultant shall propose a fixed and firm lock rate for all exams within the time period of the
contract.
22. The Primary Consultant shall furnish all equipment, materials, supervision or supplies necessary for completion
of all the services specified in this RFP. Failure to possess the necessary materials and equipment in order to
satisfactorily perform the services may result in the default/termination of contract and/or postponement of
payments and/or postponement of test. Consequently, the Primary Consultant must develop, validate and administer,
etc. a new examination with all applicable exercises at no cost to the City within an expedient time frame. Should a
re -administration occur as a result of default herein, the Primary Consultant agrees to waive any and all fees related
to Item 420 regarding fee charges beyond the three 8-hour days of service for expert testimony and/or litigation
arising as a result of the re-examination for each classification.
23. All work shall be performed by, or under the direct supervision of, the Primary Consultant. All associates
utilized on each project must have earned a minimum of a Masters degree in Industrial and Organizational
Psychology or closely related field. Work of a clerical nature or involving data -entry shall not require associates
with a minimiim of a Masters degree in Industrial and Organizational Psychology or closely related field. Scoring
calculations and results shall be ensured by the Primary Consultant who shall have eamed a minimum of a Masters
degree in Industrial and Organizational Psychology or closely related field. All work performed must conform to the
ethical and professional guidelines, principles, and standards outline in the Federal "Uniform Guidelines on
Employee Selection Procedures" and current professional standards including, but not limited to, the Society for
Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures",
and/or American Educational Research Association/American Psychological Association/National Council on
Measurement in Education "Standards for Educational and Psychological Testing."
24. Should the Primary Consultant leave the employ of the Successful Proposer during the initial and extension
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Request for Proposals (RFP) 348322,1
term(s) of the contract, as applicable, the City reserves the right to approve, or not approve, its replacement. In
addition, the City reserves the right to seek a replacement of the Primary Consultant, should the City determine
he/she is not performing in accordance with the terms and conditions of the scope of work/services.
3.4. TEST SCHEDULE
The test schedule as identified herein is subject to change by the City throughout the duration of the contract,
including extensions. However, the initial examination for Police Captain and for Police Sergeant during the initial
two (2) years of the contract is expected to be completed by the end of 2014.
Project Schedule: Included in this RFP is an anticipated project schedule of events or process milestones that
illustrates the time -frame requirementsforr conducting the workdescribed above. Work is anticipated to begin,
following successful contract execution, during the month of June 2013 for the administration of the initial
examination for the classifications of Police Captain. Work is anticipated to begin, following successful contract
execution, duringthemonth of May 2013 for the classification of Police Sergeant. Proposer must submit a proposed
timeline outlining the anticipated services and activities of their proposal and duration, subject to Department of
Human Resources' approval within 130 calendar days of the earliest exam date. Proposed timeline shall include, but
is not limited to, treatment of the following areas: details of exam format(s), job analytic task groups by exam
component, description of all exams/exercises/components, candidate performance evaluation, test development,
KSAOs per task group and per exam component, target ability and knowledge areas by exercise, project schedule,
etc.
See below for a more detailed, approximate timeline for the administration of the examinations for both
classifications. These dates are approximate only, and subject to change. The development, administration and
scoring of subsequent examination processes (i.e., the second, third and fourth promotional examination processes)
for the Police Captain and/or Police Sergeant classifications is subject to contract renewal by the City at its
discretion.
POLICE CAPTAIN
Activity
Anticipated Date(s)
Conduct Job Analysis
June 2013 — August 2013
Written Exam and Oral Board Development
for Exam #1
November 2013 — February 2014
Administer Exam #1
March 2014
Establish Eligibility Register #1
April 2014
Written Exam and Oral Board Development
for Exam #2
November 2015 — February 2016
Administer Exam #2
March 2016
Establish Eligibility Register #2
April 2016
Written Exam and Oral Board Development
for Exam #3
November 2017 — February 2018
Administer Exam #3
March 2018
Page 39 of 46
Request for Proposals (REP) 348322,1
Establish Eligibility Register #3
Apri12018
Written Exam and Oral Board Development
for Exam #4
November 2019 — February 2020
Administer Exam #4
March 2020
Establish Eligibility Register #4
April 2020
POLICE SERGEANT
Activity
Anticipated Date(s)
Conduct Job Analysis for Exam #1
May 2013 — July 2013
Written Exam and Oral Board Development
for Exam #1
September 2013 — December 2013
Administer Written Exam #1
January 2014
Administer Oral Boards #1
February 2014
Establish Eligibility Register #1
March 2014
Written Exam and Oral Board Development
for Exam #2
September 2015 — December 2015
Administer Written Exam #2
January 2016
Administer Oral Boards #2
February 2016
Establish Eligibility Register #2
March 2016
Written Exam and Oral Board Development
for Exam #3
September 2017 — December 2017
Administer Written Exam #3
January 2018
Administer Oral Boards #3
February 2018
Establish Eligibility Register #3
March 2018
Written Exam and Oral Board Development
for Exam #4
September 2019 — December 2019
Administer Written Exam #4
January 2020
Administer Oral Boards #4
February 2020
Establish Eligibility Register #4
March 2020
Page 40 of 46
Request for Proposals (RFP) 348322,1
Page 41 of 46
Request for Proposals (RFP) 348322,1
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Instructions to Proposers: Proposers should carefully follow the format and instructions outlined below, observing
format requirements where indicated. Proposals must contain the information itemized below and in the order
indicated. This information should be provided for the Proposer and any Sub -Contractors to be utilized for the work
contemplated by this RFP. Proposals submitted which do not include the following items may be deemed
non -responsive and may not be considered for contract award.
The response to this solicitation should be presented in the following format. Failure to do so may deem your
Proposal non -responsive.
ALL RESPONSES WILL BE SUBMITTED LN HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract;
Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable
Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number.
2. Table of Contents
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below,
including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures,
should be clearly and consecutively numbered and correspond to the table of contents.
3. Executive Summary:
A signed and dated summary of not more than two (2) pages containing the Proposer's Qualifications; Primary
Consultant's Experience; Description of Proposed Testing Processes; Implementation Strategy; Ability to Perform
Work with the Contract Time Frame; and Work Samples, as contained in the submittal. Proposer should include the
name of the organization, business phone, fax, and email address, contact person, and Primary Consultant.
4. Proposer's Oualifications ("Proposer" refers to the Business Organization which employs primary
consultant and consulting team members l:
a) Describe the Proposer's organization, history and background, tax status, principals, owners, board of directors
and/or board of trustees, and number of professionals employed, by EEO job classification, ethnicity, race and
gender.
b) Provide date Proposer was incorporated/organized; State(s) incorporated/organized in;
c) Describe the firm's organizational history and structure; indicate whether the City has awarded previously any
contracts to the firm.
d) Submit a summary list of all full-time employees, who will be assigned to the City's project, by name,
occupational title, EEO job classification, ethnicity, race and gender.
e) Indicate the location of the firm where the work will be performed.
f) Describe the members of the consulting Team and explaining the fu-m's interest in performing the required
professional services. Include copies of resumes for those individuals who will perform services, detailing
educational background, test development experience, and experience with content validity approach.
g) List current and previous clients, including the names of contact personnel and their telephone numbers. (The
City reserves the right to contact these clients as part of the evaluation process.) Clearly state Police -related
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Request for Proposals (RFP) 348322,1
experience.
h) Provide two (2) letters of reference on letterhead preferably from governmental entities of a similar size and
for whom similar services have been performed, for the past three (3) years. Letters should reflect experience in
performing similar work in the past, and should contain the nature of the work performed by the Proposer; the date
the work was performed; value of contract if known; quality of work performed; and the timeliness for the initiation
and completion of this work. All references may be verified by the City for authenticity and quality of work
performed by Proposer.
i) List all lawsuits and the disposition of the lawsuits relating to employment testing filed against the firm or
agency.
j) Address the above -listed items for sub -consultant firms proposed, as applicable. Provide a current resume of
any Sub -Consultants. Include by EEO job classification, ethnicity, race and gender. Should Proposer propose to
utilize a Sub-Consultant(s) to perform any of the services, and Proposer must identify Sub-Consultant(s) and those
services to be performed. Proposer must provide Sub-Consultant(s) qualifications and experience in detail,
highlighting the experience in various subjects/issues as addressed in this RFP and those services anticipated to be
performed by the Sub-Consultant(s). The City reserves the right to contact any reference as part of the evaluation
process.
5. Primary Consultant's Experience:
a) Detail all experience of Primary Consultant as it relates to projects of similar complexity and scope. Clearly
state Police -related experience, particularly as it relates to examination processes for Police Captain and Sergeant .
b) Provide a Qualifications summary of the Primary Consultant who will be designated as the lead individual(s)
to conduct the work for the City in the form of a resume including educational history, experience with content
validity, test development history, and as it relates to proposed project. Clearly identify the nature of the work he/she
will perform.
c) Provide a complete list of clients for which Primary Consultant has provided similar services as required in
this RFP. This list should include those governmental entities of a similar size and diverse population to the City for
which services have been performed during the past three (3) years. Include the overall value of the contract, dates
of engagement, overall tasks performed, and include the address, phone number(s) and contact persons within each
organization. The City reserves the right to contact any reference as part of the evaluation process.
d) Provide summary of all litigation experience in which the Primary Consultant served as an expert witness in
employment -related testing.
e) List all lawsuits and the disposition of lawsuits filed against the Primary Consultant relating to employment
testing.
6. Description of Proposed Testing Processes:
a) Provide summary of testing processes proposed for the classification of Police Captain and Sergeant .
b) Provide summary of previous relevant experience to include an explanation of the content validity process to
be utilized linking the City's Job Analysis/es to each Police Captain and Sergeant examination processes proposed,
and explanation of scoring methodology for examination processes.
c) Provide the names of individuals to be assigned to this project, the amount of time each will be assigned to the
project, their qualifications including academic credentials, project roles and ethnic and gender identification.
7. Implementation StrateQv
Provide summaries of administration/implementation plans for proposed testing processes for Police Captain and
Sergeant.
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Request for Proposals (RFP) 348322,1
8. Ability to Perform Work within the Contract Time Frame
Provide timetable for project completion including benchmarks. List timetable utilizing calendar date(s) per activity
completion for the initial examination process for the classification of Police Captain and Sergeant.
9. Work Samples:
Provide sample exercises/work sample of each of the examination process proposed, for Police Captain and
Sergeant.
10. Local Preference. if applicable
For Proposers seeking local preference consideration in the evaluation process, the following information must be
provided with proposal.
a. State the Primary Office Location of the Propoer.
b. Provide location from which the Proposer will be based to perform the work.
In order to receive any local preference points, the proposer must have a local office as defined in the Code of the
City of Miami. Proposer must submit a copy of the City of Miami Business Tax Receipt and Certificate of Use at
the time of proposal submittal if claiming local preference.
11. Trade Secrets Execution to Public Records Disclosure
All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Proposal contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, on each page clearly identified as "TRADE SECRETS
EXCEPTION," with your firm's name and the RFP number marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Proposal as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim.
THE FOLLOWING MUST BE SUBMITTED WITH YOUR PROPOSAL IN A SEPARATE SEALED
ENVELOPE. FAILURE TO DO SO MAY DEEM THE PROPOSAL NON -RESPONSIVE.
12. Price Proposal
The Price Proposal Form attached hereto and labeled Attachment A, shall be provided as part of the response
submittal in a properly labeled, separately sealed envelope. Proposer shall provide an all-inclusive Cost/Fee Per
Examination, inclusive of all proposed costs, for each of the classifications of Police Captain and Sergeant, for the
work as proposed by Proposer.
In addition to the Price Proposal Fonn, the proposed Cost/Fee Per Examination shall be provided which details, for
each exam, a clear accounting and breakdown of all costs and fees associated with the completion of this project. All
costs must be itemized on a per activity basis including job analysis (e.g., information gathering, development of
assessment measures, oral board administration, scoring, report development, travel and accommodations, daily rate
of compensation for appearance, etc.) including the overall total cost for each to develop and implement a
customized examination process for both Police Captain and Sergeant(e.g., materials production, mailing, telephone,
other communication costs between the Proposer and the City) that is specific to the format proposed for project
completion.
During the initial two (2) year term of the contract and where it is anticipated, the Successful Proposer shall
provide one (1) examination for each of the classifications of Police Captain and Sergeant. The fees proposed by
Proposer(s) and negotiated with the City shall remain fixed and firm. However, subject to further negotiations with
Page 44 of 46
Request for Proposals (RFP) 348322,1
the City, the City may authorize a cost of living increase not to exceed 5% for each set of examination
processes thereafter, during the initial and/or any extension terms, excluding the initial proposed fees for a Job
Analysis(es) for classification.
Failure to provide costs/fees shall deem your Proposal non -responsive.
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Request for Proposals (RFP) 348322,1
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
The Evaluation Committee shall evaluate, score, and rank all responsive proposals as follows:
A. Technical Proposal (110 Points)
Concerning this initial phase of the evaluation, the Evaluation Committee will evaluate and rate all proposals based
on the criteria listed immediately below in this section. A Proposer may receive the maximum number of points or a
portion thereof dependent upon the merit of its Technical Proposal, as determined by the Evaluation Committee.
This phase of the evaluation process will consist of a review of the Proposer's Qualifications, Primary Consultant's
Experience, Description of Proposed Testing Processes, Implementation Strategy, Ability to Perform Work within
the Contract Time Frame, Work Samples, and Local Preference (if applicable), to assure quality services.
Upon completion of this phase of the evaluation, including the scoring and ranking, the Committee may choose to
conduct oral presentation(s) with the Proposer(s), which the Evaluation Committee warrants for further
consideration.
B. Price Proposal (15 Points)
Concerning this phase of the evaluation, Price Proposals shall be analyzed based on a comparison of the "Price
Proposals" received. The lowest "Price Proposal" shall be given the whole of the maximum possible fifteen (15)
points.
Concerning the "Price Proposal" attached herein the Header section of this RFP, the "Total Estimated Examinations"
is based on a eight (8) year usage analysis. For the listed classification, the multiplication of the "Cost/Fee Per
Examination", and the previously referenced "Total Estimated Examinations" results in the "Extended Amounts".
The "Extended Amounts" Total constitutes the Proposer's "Price Proposal" and is then applied to the following
formula to determine the Proposer's "Price Proposal Points":
(LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE PROPOSAL") x 15 POINTS (MAXIMUM
PRICE PROPOSAL POINTS) = PROPOSER'S "PRICE PROPOSAL POINTS"
This calculation will yield the "Proposer's Price Proposal Points" at an amount equal to or less than the total possible
"Maximum Price Proposal Points".
The points from both of the aforementioned phases of the evaluation will be added resulting in the Total Points for
the whole of the Proposer's response submittal. The Evaluation Committee reserves the right to score and rank
more or less than three (3) firms as it may deem in the City's best interest.
CRITERIA POINTS
A. Technical Proposal 110
1. Proposer's Qualifications (10 points)
2. Primary Consultant's Experience (20 points)
3. Description of Proposed Testing Processes (15 points)
4. Implementation Strategy (20 points)
5. Ability to Perform Work within the Contract Time Frame (20 points)
6. Work Samples (20 points)
7. Local Preference, if applicable (5 points)
B. Price Proposal 15
TOTAL 125
Page 46 of 46
Compensation Attached.
ATTACHI LENT "B"
14
RFP NO. 348322
PRICE PROPOSAL FORM
REQUEST FOR PROPOSALS (RFP) 348322 FOR POLICE CAPTAIN AND SERGEANT EXAMINATION
PROCESSES
CLASSIFICATION
COST/FEE PER
EXAMINATION
TOTAL ESTIMATED
EXAMINATIONS
EXTENDED AMOUNTS
Police Captain
$113,945.00
4
$455,780.00
Police Sergeant
$128,897.00
4
$515,588.00
TOTAL PRICE PROPOSAL
$971,368.00
Y 1
THE MULTIPLICATION OF THE "COST/FEE PER EXAMINATION", AND THE "TOTAL ESTIMATED EXAMINATIONS"
RESULTS IN THE "EXTENDED AMOUNTS". THE "EXTENDED AMOUNTS" TOTAL CONSTITUTES THE PROPOSER'S
"TOTAL PRICE PROPOSAL" AND IS THEN APPLIED TO THE FOLLOWING FORMULA TO DETERMINE THE
PROPOSER'S "PRICE PROPOSAL POINTS": (LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE PROPOSAL") x 15
POINTS (MAXIMUM PRICE PROPOSAL POINTS) = PROPOSER'S "PRICE PROPOSAL POINTS".
Company Name: EB Jacobs LLC
Company Contact Signatur
W/31W,
Date: 12/18/2012
Company Contact Name: Janet M. Echemendia
Attachment B
Rick Jacobs
CEO
$ 350.00
Janet Echemendia
President
$ 280.00
Jay Silva
Managing Senior Consultant
$ 280.00
Joe Hinish
Managing Senior Consultant
$ 240.00
Brian Himelright
Senior Consultant
$ 200.00
Nicole Howard
Senior Consultant
$ 200.00
George Conrad
Data Analysis Manager
$ 200.00
John Evans
Consultant
$ 120.00
Becky Rock
Consultant
$ 120.00
Chris Williams
Data Coordinator
$ 80.00
Contract Hourly Rate is 80% of the regular rate. Contract Hourly Rate is offered when work is bundled in multiple projects
over multiple years. When additional work is added to the project during contract negotiations, that work will be priced at the
contract hourly rate. The regular rate is reserved for work involving activities not projected and needing immediate attention
(e.g., litigation -related work) and not otherwise addressed in the contract.
ATTACHMENT "C"
Insurance Requirements.
ATTACK ENT "C"
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES
AGREEMENT- EB JACOBS, LLC
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
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
Endorsements Required
City of Miami included as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Deductible- not to exceed 10%
Retro Date Included
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.
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.
CORPORATE RESOLUTION
WHEREAS, EB Jacobs. LLC ("Provider") wishes to enter into a Professional Services
Agreement ("Agreement") with the City of Miami ("City");
WHEREAS, the Board of Directors, at a duly held meeting of the Provider has
considered the matter in accordance with the By -Laws of the Corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
this corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perfoiui any acts in connection therewith as
may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of , 2013.
EB Jacobs, LLC ("Provider")
A Pennsylvania (State) Corporation
By:
Print Name:
TITLE:
(sign)
(sign)
Print Name:
Corporate Secretary
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